In re Venezia - 191 N.J. 259, 922 A.2d 1263 (2007)

Rule:

New Jersey's Shield Law, N.J.S.A. §§ 2A:84A-21 to -21.8, also known as the newsperson's privilege, provides the news media far-reaching protections that are equaled by few states in the United States. Under the Shield Law, a news reporter generally can refuse to disclose in a legal inquiry any information concerning a published news article. Like all privileges, however, the Shield Law is not absolute and can be waived when a reporter knowingly discloses information in circumstances unrelated to the news reporting and gathering process. 

Facts:

The article stated the officer had been fired for being convicted of a crime, and cited the mayor as the source of that information. The mayor claimed he had been misquoted. The reporter spoke to the borough attorney and the county prosecutor's investigators about the mayor's comments in the article. He invoked the newsperson's privilege under the Shield Law when the officer's attorney sought to conduct a pre-litigation deposition of him in connection with a prospective defamation suit against the mayor. 

Issue:

Did the newsperson's privilege shield information about a news reporter's article that the reporter disclosed earlier to the county prosecutor's office and a borough attorney?

Answer:

No.

Conclusion:

The high court held that the privilege could not be selectively invoked. Once a news reporter spoke outside of the news gathering and reporting process about his conversations with his source, the reporter could not seek refuge in the newsperson’s privilege to deny disclosure of what he had already told others. However, the trial court's order was overly broad; the officer's attorney could ask the reporter only the same questions the reporter was willing to answer when queried by the authorities. But he had to produce any notes that affirmed or refuted whether the mayor made the statements attributed to him in the article, even though they had not been provided to the authorities.