The bill amends Chapter 233 of the General Laws by adding a new section, Section 20P, which establishes specific privileges for journalists in state proceedings before investigative bodies. It defines key terms such as "journalist," "investigative body," "journalism," and "unpublished information." The bill grants journalists the right to refuse to disclose the sources of their published or unpublished information unless a court determines that disclosure is necessary for national security, ensuring a fair trial, or preventing imminent harm. Additionally, it allows journalists to protect unpublished information unless the court finds that the public interest in obtaining the evidence outweighs the interest in maintaining the free flow of information.
The bill also outlines the process for contesting the privilege through a petition to the superior court, which must provide notice and a hearing for both parties. The court's order for disclosure can be reviewed by the supreme judicial court, and the privilege remains in effect during the appeal process. However, the privilege does not apply if the journalist was involved in criminal activity to obtain the information or if the information has already been made public.