The "Protect Reporters from Exploitative State Spying Act" aims to safeguard journalists and their sources from compelled disclosure of protected information by state entities. The bill defines key terms such as "covered journalist," "covered service provider," and "protected information," establishing clear parameters for who is protected under the law. It stipulates that a state entity cannot compel a covered journalist to disclose protected information unless a court determines, by a preponderance of the evidence, that such disclosure is necessary to prevent acts of terrorism or imminent violence. Similarly, covered service providers cannot be compelled to provide testimony or documents related to a covered journalist without a court's authorization under specific conditions.
Additionally, the bill includes provisions that limit the scope of compelled disclosures to ensure they are not overbroad or oppressive, and it clarifies that the state can still investigate journalists suspected of criminal activity or other serious offenses. The act also repeals an existing section of the New Mexico Statutes Annotated (NMSA) and sets an effective date for its provisions to take effect on July 1, 2025.
Statutes affected: introduced version: 38-6-7