Utah Supreme Court Seeks Public Comment on Reporter Privilege Proposal

None by Eric Ray

(KCPW News) Utah's Supreme Court is seeking public comment as it considers a proposed reporter's privilege rule. There is no current statute in the state that protects a reporter's sources and newsgathering information.

The proposal, also known as Rule 509, would protect reporters in three areas unless a litigant shows a clear and convincing need for the information. It gives a reporter the right to decline the naming of a confidential source. It also protects unpublished confidential and non-confidential news gathering information. As of now, the decision to break confidentiality in Utah is left up to judges.

Edward L. Carter, Assistant Professor of Communications at Brigham Young University and a former reporter, says the rule would insure predictability and clarity so that litigants and attorneys know before they enter a courtroom if they are entitled to a reporter's information.

The Utah Supreme Court is taking public comment on the proposed reporter's privilege rule through June 22nd. A conversation with Carter can be heard here.

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