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H 1595

An Act to protect the confidentiality of journalistic news sources and information

194th Legislature (2025-2026) Introduced by Nick Boldyga and 2 co-sponsors

Mass. bill layers absolute protection for confidential sources and qualified protection for unpublished info, with narrow exceptions, balancing press freedom in all proceedings.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1595

Summary: H.1595 — An Act to protect the confidentiality of journalistic news sources and information

Overview

H.1595 is a Massachusetts bill introduced on February 27, 2025, with the stated purpose of protecting journalists and their confidential sources and unpublished information from compelled disclosure in legal proceedings. The bill establishes a privilege framework for sources and unpublished work, including an absolute protection for confidential sources and a qualified protection for unpublished information, subject to defined exceptions. A hearing is scheduled for September 23, 2025 (1:00 PM–5:00 PM, in A-2).

Purpose and intent

  • Safeguard the confidentiality of journalists' sources to support independent reporting and inform the public.
  • Create clear legal standards governing when journalists can be compelled to reveal sources or unpublished information.
  • Limit compelled disclosure to necessary and narrowly tailored circumstances, while allowing protection against undue intrusions into newsgathering.

Key provisions

Section 1 — Definitions

  • Journalist: Anyone engaged in gathering, preparing, collecting, writing, editing, filming, taping, or photographing news intended for public dissemination, including bloggers, podcasters, authors, or credentialed media members.
  • News: Information of public interest concerning local, national, or international events that the journalist regards as a matter of public concern.
  • Confidential Source: Person providing information with express or implied promise that their identity will not be disclosed.
  • Unpublished Information: Information not communicated to the public, including notes, outtakes, photographs, or other work product.

Section 2 — Privilege

  • Absolute Privilege for Confidential Sources: Journalists cannot be compelled to disclose the identity of confidential sources in any legal proceeding.
  • Qualified Privilege for Unpublished Information: Journalists cannot be compelled to disclose unpublished information unless the party seeking the information demonstrates: 1) The information is material and relevant; 2) The information is necessary to resolve the issue; and 3) The information cannot be obtained by alternative means without undue hardship.

Section 3 — Exceptions

  • The privilege may not be invoked if disclosure is necessary to prevent imminent harm (including death, serious bodily injury, or unjust incarceration).

Section 4 — Applicability

  • Applies to all legal proceedings within Massachusetts, including criminal, civil, administrative, and grand jury proceedings.

Section 5 — Protection in Criminal Proceedings

  • A journalist’s privilege is not revoked solely because the journalist is accused of a crime involving the information at issue, unless the crime involves direct harm to an individual and the information is directly necessary to prove or disprove the act. In such cases, compelled disclosure must be strictly limited to what is necessary for the proceedings.

Who is affected

  • Journalists and media organizations operating in Massachusetts.
  • Confidential sources and individuals who provide unpublished information to journalists.
  • The judiciary and parties in criminal, civil, administrative, and grand jury proceedings where journalistic information may be sought.

Procedural and timeline aspects

  • Filed: January 17, 2025 (House Docket No. 1595, HD 3482 referenced as the bill replaces/relates to an earlier version)
  • Referral: February 27, 2025 to The Judiciary Committee; Senate concurrence noted on the same date.
  • Hearing: Scheduled for September 23, 2025, 1:00–5:00 PM, in Committee Room A-2.

Related information

  • HD 3482 is the House docket number associated with this bill (noted as replacing/rela tion to the bill text).
  • The bill is part of the 2025-2026 session, introduced by Rep. Nicholas A. Boldyga and co-petitioned by several members.

Potential impact

  • Strengthens journalistic protections against compelled disclosure of sources.
  • Provides a structured framework for courts to balance press freedom with other evidentiary needs.
  • Establishes clear criteria for when unpublished information may be compelled, potentially narrowing circumstances under which media materials can be released.
  • Could influence how investigations, grand jury activity, and other proceedings handle requests for journalist-derived information.

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

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