Files seeks media-requested change to Shield Law

Television stations and Internet news sites may soon be specifically covered under Arkansas’ shield law.

Sen. Jake Files, R-Fort Smith, filed SB 772 on Thursday (Mar. 3) that seeks to add “television station, or Internet news source” to the state law. The bill was referred to the Senate Committee on Transportation, Technology and Legislative Affairs.

Files said he does not expect opposition to what is a simple, but previously overlooked, amendment to the law.

“At the end of the day, this is not a partisan issue. It is an information issue, and the benefits are a more complete and thorough reporting of news,” Files said. “I wanted to make sure that we kept this law updated with modern times and technology, and I look forward to discussing this with anyone who has an interest.”

The law, first approved in 1936, protects members of the media from being forced to disclose “to any grand jury or to any other authority” the sources for the stories they produce.

As of 2009, 36 states had some form of protection for journalists, with Maryland being the first state (1896) to adopt a shield. The laws are different in each state, but primarily protect a journalist from revealing sources. The laws don’t always protect reporters. According to the Reporters Committee for Freedom of the Press, at least 37 U.S. journalists have gone to jail to protect a source.

Arkansas’ law was amended in 1947, and has been litigated in the state appellate courts twice, most recently in 1978.

Prior to the beginning of the 88th Arkansas General Assembly, The City Wire sent a formal request to Files asking him to consider amending the shield law. Owners of The City Wire believed the law was vague with respect to online web publications, especially those that are "pure" in the sense that they are not a subsidiary or direct operation of a traditional news outlet.

The City Wire was supported in its effort by Roby Brock, editor and owner of Little Rock-based Talk Business. Brock’s media company produces news content for television, radio and the Internet.

“As a journalist who wades in a number of different media arenas, this is a much-needed protection for new media enterprises that should be afforded the same protections traditional outlets have long had,” Brock explained. “As more people become increasingly dependent on these new news sources, it is incumbent that we are able to do our jobs knowing that we will have the same rights to protect our sources as other media.”

Max Brantley, editor of the Arkansas Times, provided guidance during the process.

“The media world has changed. Computers have given hundreds of legitimate news reporters a ‘printing press’ they couldn’t previously afford or access. Their work should enjoy the same protection from coercion that newspaper, TV and radio reporters have long enjoyed,” Brantley said.