§1451. Definitions
"Reporter" shall mean any person
regularly engaged in the business of collecting, writing or editing
news for publication through a news media. The term reporter shall
include all persons who were previously connected with any news media
as aforesaid as to the information obtained while so connected.
"News Media" shall include
(a) Any newspaper or other periodical issued at regular intervals and having a paid general circulation;
(b) Press associations;
(c) Wire service;
(d) Radio;
(e) Television; and
(f) Persons or corporations engaged in the making of news reels or other motion picture news for public showing.
§1452. Conditional privilege from compulsory disclosure of informant or source
Except as hereinafter provided, no
reporter shall be compelled to disclose in any administrative, judicial
or legislative proceedings or anywhere else the identity of any
informant or any source of information obtained by him from another
person while acting as a reporter.
§1453. Revocation of privilege; procedure
In any case where the reporter claims
the privilege conferred by this Part, the persons or parties seeking
the information may apply to the district court of the parish in which
the reporter resides for an order to revoke the privilege. In the
event the reporter does not reside within the state, the application
shall be made to the district court of the parish where the hearing,
action or proceeding in which the information is sought is pending.
The application for such an order shall set forth in writing the
reason why the disclosure is essential to the protection of the public
interest and service of such application shall be made upon the
reporter. The order shall be granted only when the court, after
hearing the parties, shall find that the disclosure is essential to the
public interest. Any such order shall be appealable under Article 2083
of the Louisiana Code of Civil Procedure. In case of any such appeal,
the privilege set forth in R.S. 45:1452 shall remain in full force and
effect during pendency of such appeal.
§1454. Defamation; burden of proof
If the privilege granted herein is
claimed and if, in a suit for damages for defamation, a legal defense
of good faith has been asserted by a reporter or by a news media with
respect to an issue upon which the reporter alleges to have obtained
information from a confidential source, the burden of proof shall be on
the reporter or news media to sustain this defense.
§1455. Substitution of affidavit for appearance and return; effect
A. When a subpoena is served on a
news media organization or reporter as those terms are defined in R.S.
45:1451 or on any custodian of records, photographer, or other
representative of a news media organization, in any judicial or
administrative proceeding to which neither the news media organization
nor any reporter, custodian of records, photographer, or other
representative is a party, or in any legislative proceeding, it shall
not be necessary for the news media organization, the reporter, the
custodian of records, the photographer, or the representative thus
subpoenaed to appear or to testify in response to the subpoena: (1) to
confirm the circulation or the broadcast audience of the news media
organization, or (2) to confirm the publication or broadcast of
specified materials, if the reporter, custodian of records,
photographer, or other representative of the news media organization
delivers by registered mail or by hand, before or at the time specified
in the subpoena, an affidavit in conformity with Subsection B of this
Section together with any documents or records described in the
subpoena to the clerk of the court or other tribunal, or, if there is
no clerk, then to the court or other tribunal, or, with respect to a
deposition subpoena, to the party requesting the issuance of the
subpoena.
B. An affidavit delivered pursuant to Subsection A of this Section shall state in substance each of the following:
(1) The name of the proceeding and any docket number assigned to such proceeding as shown on the subpoena itself.
(2) The name of the affiant and his
business title or other description indicating his position or
relationship to the party to whom the subpoena was issued if he is not
the person to whom it was directed.
(3) The dates of publication or
broadcast records searched and the dates of publication or broadcast of
the documents or records actually produced.
(4) A statement that the documents or records produced were published or broadcast by the news media organization.
(5) If requested, a statement summarizing the circulation or broadcast audience of the news media organization.
(6) If requested, a statement describing the placement of an article within a publication.
(7) An itemization of the costs of complying with the subpoena.
C. An affidavit conforming to the
requirements of Subsection B of this Section shall be received in
evidence and shall be prima facie proof of its contents. A copy of any
document, or the text thereof, or of any record, including, without
limitation, any article, photograph, or sound or video recording,
identified in the affidavit and stated in the affidavit to have been
published or broadcast shall be received in evidence and shall be prima
facie proof of publication or broadcast as stated in the affidavit.
D. This Section shall not affect the
rights of parties to production of documents pursuant to the laws
governing discovery or other laws pertaining thereto.
§1456. Service of subpoenas; motion to quash or obtain additional time; award of costs
A. Unless otherwise ordered by the
court, upon a showing of good cause therefor, a subpoena issued to any
news media organization, reporter, custodian of records, photographer,
or other representative of any news media organization, which is
governed by R.S. 45:1455 through 1458, shall be served at least ten
days prior to the return date specified in the subpoena.
B. Nothing contained herein shall be
construed to preclude or limit the right of the news media
organization, reporter, photographer, custodian of records, or other
representative of any news media organization to seek an order with
respect to a subpoena pursuant to Article 1354 or Article 1426 of the
Code of Civil Procedure, including, without limitation, an order
continuing the return date specified in the subpoena or quashing the
subpoena on the ground that additional time is reasonably necessary for
compliance with the subpoena.
C. In a proceeding to quash any
subpoena governed by R.S. 45:1455 through 1458, the court may, after
contradictory hearing, grant reasonable attorney fees and expenses to
the prevailing party in the contradictory hearing.
§1457. Payment of cost of compliance; deposit into registry of court
A. Upon receipt of a subpoena
governed by R.S. 45:1455 through 1458, the news media organization,
reporter, custodian of records, photographer, or other representative
of any news media organization shall notify the party requesting the
issuance of the subpoena of the reasonable cost of compliance with the
subpoena and the method of calculating the cost.
B. Upon receipt of notification of
the cost of compliance as provided in Subsection A of this Section, the
party requesting the issuance of the subpoena shall deposit into the
registry of the court money or other security in the amount of such
cost not less than two days prior to the return date specified in the
subpoena. If this amount is not timely deposited, the subpoenaed party
may file an affidavit with the court or tribunal setting forth that
fact and no further compliance with the subpoena shall be necessary.
C. The cost of compliance calculated
by the subpoenaed party shall be presumed to be reasonable unless the
party requesting issuance of the subpoena requests a hearing, and the
court finds, after such hearing, that the cost of compliance calculated
by the subpoenaed party is not reasonable, in which case the court
shall make an adjustment of the amount deposited into the registry of
the court. The court may, after contradictory hearing, grant
reasonable attorney fees and expenses to the prevailing party in that
contradictory hearing.
D. Any amount deposited into the
registry of the court pursuant to this Section shall be taxed as court
costs pursuant to the rules governing the proceeding.
§1458. Application to other proceedings and discovery
The provisions of R.S. 45:1455 through
1458 shall apply to subpoenas issued in connection with all legislative
hearings, administrative proceedings, grand jury hearings and
proceedings conducted under Article 66 of the Code of Criminal
Procedure. The provisions of this Chapter shall also govern all
subpoenas issued in connection with depositions or other discovery
authorized by law.
§1459. Qualified protection for nonconfidential news
A. "News" shall mean any written,
oral, pictorial, photographic, electronic, or other information or
communication, whether or not recorded, concerning local, national, or
worldwide events or other matters of public concern or public interest
or affecting the public welfare.
B.(1) Notwithstanding the provisions
of any law to the contrary, no reporter or news media organization, as
those terms are defined in R.S. 45:1451, nor any photographer,
custodian of records, or other representative of any news media
organization shall be adjudged in contempt by any court in connection
with any civil or criminal proceeding, or by the legislature or other
body having contempt powers, nor shall a grand jury seek to have such
person held in contempt by any court, legislature, or other body having
contempt powers for refusing or failing to disclose any news which was
not published or broadcast but was obtained or prepared by such person
in the course of gathering or obtaining news, or the source of any such
news, even if such news was not obtained or received in confidence,
unless a court has found that the party seeking such news has made a
clear and specific showing that the news:
(a) Is highly material and relevant;
(b) Is critical or necessary to the maintenance of a party's claim, defense, or proof of an issue material thereto; and
(c) Is not obtainable from any alternative source.
(2) A court shall order disclosure
only of such portion, or portions, of the news sought as to which the
above-described showing has been made and shall support such order with
clear and specific findings made after a contradictory hearing.
(3) In any proceeding brought
pursuant to this Subsection, the court may, after a contradictory
hearing, grant reasonable attorney fees and expenses to the prevailing
party in such hearing.
C. Notwithstanding the provisions of
any law to the contrary, a person entitled to claim the qualified
protection provided under the provisions of Subsection B of this
Section to whom a subpoena is directed may, within ten days after the
service thereof, or, on or before the time specified in the subpoena
for compliance, if such time is less than ten days after service, serve
upon the attorney designated in the subpoena written objection
specifying the grounds for his objection. Once objection is made, the
party serving the subpoena shall not be entitled to compliance except
pursuant to an order of the court from which the subpoena was issued.
The party serving the subpoena may, if objection has been made, move
upon notice to the person who served the objection for an order
compelling compliance with such subpoena after a hearing in conformity
with the provisions of Subsection B of this Section and based upon the
findings required therein.
D.(1) In addition to the provisions
of Subsections B and C of this Section, and notwithstanding the
provisions of any law to the contrary, no grand jury, or official body,
acting on behalf or under the authority of the attorney general or a
district attorney, shall request, make arrangement for, or otherwise
cause the service of a subpoena upon any person entitled to claim the
exemption provided under Subsection B of this Section unless the
attorney general or a district attorney, acting either alone or upon
the direction of a grand jury, has certified in writing that the
information sought by such subpoena:
(a) Is highly material and relevant;
(b) Bears directly on the guilt or innocence of the accused; and
(c) Is not obtainable from any alternative source.
(2) The written certification shall
be made available to the subpoenaed person upon that person's request.
If the certification required by this Subsection is made, the
provisions of Subsection C of this Section shall not apply.
E. Any order ordering disclosure
pursuant to Subsection C of this Section or compelling compliance with
a subpoena pursuant to Subsection D of this Section shall be appealable
under Code of Civil Procedure Article 2083. In case of any such
appeal, the qualified protection set forth in Subsection B of this
Section shall remain in full force and effect during the pendency of
such appeal.
Link to Louisiana Revised Statutes Sec 45: 1451-1459
