UPDATE: Wisc. Shields Journos With Whistleblower Protection Act

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Wisconsin Gov. James Doyle, Jr., yesterday signed into law the Whistleblower Protection Act [2009 A.B. 333, Wis. Stats. 885.14] that protects journalists and their confidential sources(see "TUOL" post 4/22/10).

The Wisc. Newspaper Assn., Wisc. Broadcasters Assn. and the Wisc. Freedom of Information Council worked together to draft the bill that makes  the Badger State the 39th in the nation to enact a shield law.  The law takes effect in three months.

The Whistleblower Protection Act defines a news person as a gatherer and disseminator of news to the public through any medium, including print publications, books, news agencies or wire services, broadcast, cable, satellite or electronic services.  Case law will be the final arbiter, but it appears the act would encompass online journalists.

The legislation imposes restrictions on the issuance of subpoenas to nonjournalists if the underlying purpose is to obtain information from the individuals concerning an interaction involving a journalist that the statute would protect from disclosure.

'On Wisconsin': State to Protect Journalists from Govt. Badgering

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Wisconsin is poised to become the 39th state to enact a shield law to protect journalists from having to reveal confidential sources following state senate voice vote approval of 2009 Assembly Bill 333, the Milwaukee Journal Sentinel reports.

Democratic Gov. James Doyle Jr. is expected to sign into law the Whistleblower Protection Act sponsored by Sen. Pat Kreitlow (D-Chippewa Falls), which confers a qualified privilege on journalists against having to disclose newsgathering information or confidential sources. A government entity seeking such information from reporters would have to demonstrate its relevance, unavailability elsewhere, and an overriding public interest to overcome the shield law.

The Wisconsin Newspaper Assn., Wisconsin Broadcasters Assn., and Wisconsin Freedom Council all had a hand in the legislation. The District of Columbia and 38 states have passed shield laws. "TUOL" believes it only fitting that a state whose capital, Madison, honors the drafter of the First Amendment, should join the ranks of states protecting journalists.