SB 235

Under the Supreme Court's interpretation of article I, section 3, of the

Wisconsin Constitution, which prohibits any law that restrains the liberty of the

press, a member of a news media has a qualified privilege to refuse to disclose sources

of information received in confidence. The privilege is qualified because the reporter

may be required to reveal the source if proof is presented showing that the source

may have information that is competent, relevant, material, and favorable to the

requester and that there are no other reasonable and adequate alternative sources

for the information. The Supreme Court has held that the value of freedom of the

press must be balanced against the societal values favoring disclosure, which

requires a review of the facts in each case to determine whether to allow a reporter

to refuse to disclose a confidential source.

This bill prohibits a person, other than a court, from issuing a subpoena

compelling a news person to testify or produce information about any of the

following:

1. The identity of a confidential news source.

2. Any information that would tend to identify a confidential news source.

3. Any information obtained in confidence by a news person in gathering or

preparing information for potential dissemination to the public.

4. Any other information or identity of a source of information that is obtained

by a news person in gathering or preparing information for potential dissemination

to the public.

The bill gives the court authority, after a hearing, to issue a subpoena to compel

a news person to testify or produce information but only the evidence listed in item

4., above. The court may issue the subpoena if the person who requests the subpoena

establishes by clear and convincing evidence, in a criminal investigation, that a

crime has occurred, or in a civil action, that the complaint states a claim upon which

relief may be granted, and if all of the following conditions apply:

1. The information or identity of the source is highly relevant to the criminal

investigation or civil action.

2. The information or identity of the source is critical or necessary to the

maintenance of the party's claim, defense, or to the proof of an issue material to the

criminal investigation or civil action.

3. The information or identity of the source of the information is not obtainable

from any alternative source.

4. There is an overriding public interest in the disclosure of the information or

identity of the source of the information.

The bill also restricts the issuance of a subpoena to order a person who is not

a news person to testify or produce information related to a business transaction

between that person and a news person if the intent is to obtain information that

cannot be obtained from the news person. There are exceptions to this restriction