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The Honolulu Advertiser
Updated at 5:48 p.m., Wednesday, July 2, 2008

Governor signs journalist shield law

Advertiser Staff

Gov. Linda Lingle today signed a bill into law that protects journalists from having to disclose sources and notes in state courts.

A shield law was sought by the news media, including The Advertiser, to provide some legal protection to the news-gathering process.

The state Supreme Court had ruled in 1961 that reporters had no First Amendment or state right to refuse to disclose sources of information.

The new law allows courts to force disclosure from reporters in felony cases, or in civil cases of defamation, as long a prosecutors or defense attorneys meet a three-part test. The test requires that attorneys show substantial evidence that the information sought is not available from alternative sources, noncumulative, and necessary to the investigation or defense.

Bloggers and citizen journalists could also claim the shield if their work is materially similar to traditional journalists and in the public interest.

The law sunsets in three years to ensure a legislative review.

Thirty-six states and the District of Columbia have shield laws. A federal shield law is pending before the U.S. Congress.