Kansas passes reporter shield law
Kansas has passed a “shield law” to allow journalists to protect the identity of their sources and other information under most circumstances.
April 21, 2010
Kansas has passed a “shield law” to allow journalists to protect the identity of their sources and other information under most circumstances. The state now joins more than 30 others that have similar laws or at least some protection for journalists, according to the Cambridge, Mass.-based Citizen Media Law Project.
Kansas Gov. Mark Parkinson signed the law into effect on April 15. “Our founding fathers were very meticulous in making certain that our country, including members of the press, received the necessary protections for freedom,” Parkinson said in a statement. “The shield law demonstrates that Kansas upholds that belief and respects a reporter’s discretion in disclosing information and sources. While we understand the need for information under extraordinary circumstances, we must allow journalists to perform their jobs without fear of prosecution and continue bringing the news home to Kansans.”
The shield law clarifies that a journalist would not be compelled to disclose any previously undisclosed information or the source of the information procured while acting as a journalist until the party seeking the disclosure establishes that the material is relevant and cannot be obtained by alternative means, according to the governor’s office. The disclosure sought must also be of compelling interest, defined as evidence likely to be admissible in court and that has probative value that is likely to outweigh any harm done to the free dissemination of information to the public through the activities of journalists. That can include, but is not limited to, the prevention of a certain miscarriage of justice, or an imminent act that would result in death or great bodily harm.
The bill takes effect upon its publication in the Kansas Statute Book. Read Parkinson’s press release on the new Kansas law, and get more information on shield laws from the Citizen Media Law Project.