Oklahoma § 12-2506 - Journalist’s privilege

§ 12-2506. Journalist’s privilege

A. As used in this section:

1. "State proceeding" includes any proceeding or investigation

before or by any judicial, legislative, executive or administrative

body in this state;

2. "Medium of communication" includes any newspaper, magazine,

other periodical, book, pamphlet, news service, wire service, news

or feature syndicate, broadcast station or network, cable television

system, or record;

3. "Information" includes any written, oral or pictorial news

or other record;

4. "Published information" means any information disseminated

to the public by the person from whom disclosure is sought;

5. "Unpublished information" includes information not

disseminated to the public by the person from whom disclosure is

sought, whether or not related information has been disseminated,

and includes, but is not limited to, all notes, outtakes,

photographs, tapes or other data of whatever sort not itself

disseminated to the public through a medium of communication,

whether or not published information based upon or related to such

material has been disseminated;

6. "Processing" includes compiling, storing and editing of

information; and

7. "Journalist" means any person who is a reporter,

photographer, editor, commentator, journalist, correspondent,

announcer, or other individual regularly engaged in obtaining,

writing, reviewing, editing, or otherwise preparing news for any

newspaper, periodical, press association, newspaper syndicate, wire

service, radio or television station, or other news service. Any

individual employed by any such news service in the performance of

Oklahoma Statutes - Title 12. Civil Procedure

any of the above-mentioned activities shall be deemed to be

regularly engaged in such activities. However, journalist shall not

include any governmental entity or individual employed thereby

engaged in official governmental information activities.

B. No journalist shall be required to disclose in a state

proceeding either:

1. The source of any published or unpublished information

obtained in the gathering, receiving or processing of information

for any medium of communication to the public; or

2. Any unpublished information obtained or prepared in

gathering, receiving or processing of information for any medium of

communication to the public; unless the court finds that the party

seeking the information or identity has established by clear and

convincing evidence that such information or identity is relevant to

a significant issue in the action and could not with due diligence

be obtained by alternate means.

This subsection does not apply with respect to the content or

source of allegedly defamatory information, in a civil action for

defamation wherein the defendant asserts a defense based on the

content or source of such information.

Added by Laws 1978, c. 285, § 506, eff. Oct. 1, 1978. Amended by

Laws 2002, c. 468, § 36, eff. Nov. 1, 2002.