The West Virginia Shield Law

The West Virginia State Legislature passed a bill on March 12, 2011 that protects journalists from revealing confidential sources or material. Governor Earl Ray Tomblin, Jr. signed the bill into law on April 7, 2011 and took effect on June 10, 2011. The bill, H.B. 2159, was an act to amend the code of West Virginia, 1931, by adding in a section for journalists.

            The section is referred to “Reporter’s Privilege,” defining a reporter as one who regularly gathers, records, writes, reports, or publishes and distributes news or information that concerns matters of public interest for a large portion of the person’s livelihood.

            The section also adds that student journalists are protected by the law providing that they are attending an accredited educational institution and who meets all of the requirements of reporter’s definition, except the students reporting may not provide a portion of their livelihood.

            The law states that no reporter may be compelled to testify or produce any material that would identify a confidential source in regards to published or unpublished information the reporter obtained without the consent of the confidential source, unless the material is necessary to prevent imminent death, serious bodily injury or unjust incarceration.

            After examining and researching the law, it is the only shield law for reporters that include student journalists. The law is beneficial for anonymous sources tipping reporters, especially investigative reporters, on news stories such as political corruption, financial fraud, government agencies not fully doing their public services, etc. It is also beneficial for the student journalist that may have reporter on sensitive topics such as students smoking marijuana, or have a secret fight club, etc.

            The law does seem to have a disadvantage as it specifically states that a reporter does not have to give the information or the confidential source unless the material prevents death, injury, or unjust incarceration. If the material does prevent these factors, then the reporter may reveal the information or the court may subpoena the reporter to do so. If the reporter still decides not to disclose the information they could face jail time.

It appears to be fair in stating the reasons that a reporter would have to reveal the information, yet for high school student reporters it could be up to the school administrators, as they have the powers to regulate the paper, to determine what is necessary to prevent death, injury, or unjust incarceration. Who is to say that finding out which students smoke marijuana to prevent them from doing harm or injury to themselves and other students is a reason to disclose the information?