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H 4638

An Act relative to the free flow of information

194th Legislature (2025-2026) Introduced by John Barrett and 8 co-sponsors

Mass. bill creates a journalist privilege in investigations, letting reporters refuse source disclosure for published and unpublished info, with court review and narrow exceptions.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 4638

Summary: H 4638 — An Act relative to the free flow of information

Overview

H 4638, introduced October 23, 2025, and reported favorably by the Judiciary Committee, seeks to protect journalists’ ability to gather and publish information by establishing a formal journalist privilege in state investigations. The bill would add a new Section 20P to Chapter 233 of the General Laws and would apply in state proceedings before investigative bodies. It also directs the bill to the House Ways and Means Committee for revenue and spending considerations.

  • Status: Reported favorably by the Judiciary Committee; referred to House Ways and Means
  • Initial filing: October 12, 2025
  • Introduced: October 23, 2025
  • Legislative draft reference: New draft of House Bill 1738 accompanying H 4638

Purpose and intent

  • To protect the flow of information to the public by ensuring journalists can refuse to disclose, or permit third parties to refuse on their behalf, the sources of information obtained through journalism in state investigations.
  • To balance this protection against concerns for national security, fair trials, public safety, and cases where disclosure is warranted.

Key provisions

New section: Chapter 233, Section 20P (Journalist privilege in state investigations)

  • The privilege applies in state proceedings before an investigative body (courts, grand juries, or state agencies/boards/departments/commissions).

Definitions

  • Journalist: A person regularly engaged in journalism (gathering, preparing, collecting, photographing, recording, writing, editing, reporting, investigating, or publishing news) for public dissemination; excludes government entities or government employees performing official info activities.
  • Investigative body: Any court, grand jury, agency, board, department, or commission of the Commonwealth.
  • Journalism: The business of gathering and disseminating news or information of public interest.
  • Unpublished information: Notes, outtakes, photographs, tapes, or other information not disseminated to the public.

Privileges (Published vs. Unpublished information)

  • Published information: Journalists may refuse to disclose the source of any published information obtained through journalism, unless a court finds disclosure is necessary to:
    • (i) protect national security; or
    • (ii) ensure a defendant’s right to a fair trial and is not reasonably obtainable by alternative testimony; or
    • (iii) reasonably likely to prevent imminent violence, bodily harm, or death.
  • Unpublished information: Journalists may refuse to disclose unpublished information obtained through journalism unless a court finds, balancing the public interest in disclosure versus the free flow of information, that the public interest in disclosure outweighs the public interest in maintaining the privilege.

Contests and enforcement

  • A privilege claim may be challenged by a petition to the Superior Court for an order divesting the privilege.
  • The Superior Court must notice and hear both sides and issue a written order.
  • Any order of disclosure by the Superior Court is subject to review by the Supreme Judicial Court; during appeal, the privilege remains in full force.

Exceptions to the privilege

  • The privilege does not apply if:
    • (i) the journalist directed or participated in criminal activity to procure the information; or
    • (ii) the information is from a disclosed source and has already been made public.

Who is affected

  • Journalists and journalism organizations operating in Massachusetts.
  • Investigative bodies and state prosecutors conducting investigations.
  • Third parties who might be asked to disclose on behalf of a journalist.

Procedural and timeline aspects

  • Inserted as new Section 20P in Chapter 233.
  • The bill follows a path from Judiciary Committee endorsement to referral to House Ways and Means for fiscal review.
  • No explicit effective date is provided in the text; it would become law upon enactment and any required regulatory or implementing steps.

Potential impact

  • Strengthens legal protections for journalists in Massachusetts investigations, reinforcing the shield-like privilege for both published and unpublished information.
  • Creates a formal process for challenging privilege claims, including court review by the Superior Court and potential Supreme Judicial Court oversight.
  • Introduces clear exceptions to balance information flow with national security, fair trials, public safety, or already-public information.

Compiled from official sources — confirm details with the bill’s official record.

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