(A) A person, company, or entity engaged in or that has been engaged in the gathering and dissemination of news for the public through a newspaper, book, magazine, radio, television, news or wire service, or other medium has a qualified privilege against disclosure of any information, document, or item obtained or prepared in the gathering or dissemination of news in any judicial, legislative, or administrative proceeding in which the compelled disclosure is sought and where the one asserting the privilege is not a party in interest to the proceeding.
(B) The person, company, or other entity may not be compelled to disclose any information or document or produce any item obtained or prepared in the gathering or dissemination of news unless the party seeking to compel the production or testimony establishes by clear and convincing evidence that this privilege has been knowingly waived or that the testimony or production sought:
(1) is material and relevant to the controversy for which the testimony or production is sought;
(2) cannot be reasonably obtained by alternative means; and
(3) is necessary to the proper preparation or presentation of the case of a party seeking the information, document, or item.
(C) Publication of any information, document, or item obtained in the gathering and dissemination of news does not constitute a waiver of the qualified privilege against compelled disclosure provided for in this section.
HISTORY: 1993 Act No. 138, Section 1, eff June 14, 1993.
Structure South Carolina Code of Laws
Chapter 11 - Competency Of Witnesses
Section 19-11-20. "Dead man's" statute.
Section 19-11-30. Competency of husband or wife of party as witness.
Section 19-11-50. Testimony of defendant in criminal cases.
Section 19-11-80. Privilege against self-incrimination.
Section 19-11-90. Priest-penitent privilege.
Section 19-11-95. Confidences of patients of mental illness or emotional conditions.
Section 19-11-100. Qualified privilege against disclosure for news media; waiver.