§ 24-72.5-104. Limit of Nondisclosure Privilege for Newsperson

1. Notwithstanding the privilege of nondisclosure established in section 24-72.5-103, a governmental entity otherwise authorized by law to issue or obtain subpoenas may subpoena a newsperson in order to obtain news information by establishing, by a preponderance of the evidence:
   1. That the news information is directly relevant to a substantial issue involved in the proceeding;
   2. That the news information cannot be obtained by any other reasonable means; and
   3. That a strong interest of the party seeking to subpoena the newsperson outweighs the interests under the first amendment to the United States constitution of such newsperson in not responding to a subpoena and of the general public in receiving news information.

Source: L. 90: Entire article added, p. 1265, § 2, effective April 16.