Introduction
RCW 5.68.010 is a Washington State law designed to protect the news media from being compelled to disclose confidential sources or unpublished information. This statute safeguards the press’s role in gathering and disseminating news without fear of forced disclosure, ensuring the freedom of the press and the flow of information to the public. However, there are specific exceptions to this protection. Understanding RCW 5.68.010 is essential for legal practitioners, journalists, and the public to grasp the rights and limitations regarding confidential communications in the media.
Protection from Compelled Disclosure
General Rule
Under RCW 5.68.010(1), no judicial, legislative, administrative, or other body with subpoena power can compel the news media to:
- Disclose the identity of a source with a reasonable expectation of confidentiality.
- Produce any news or information obtained in the capacity of news gathering, including notes, outtakes, photographs, video or sound tapes, and other data, except physical evidence of a crime.
Exceptions to Protection
There are specific circumstances under which a court may compel the disclosure of news or information:
- Criminal Investigation or Prosecution:
- If there are reasonable grounds to believe that a crime has occurred, based on information other than what is being sought.
- Civil Action or Proceeding:
- If there is a prima facie cause of action, based on information other than what is being sought.
- Material and Relevant Information:
- The information must be highly material and relevant.
- The information must be critical or necessary to the maintenance of a party’s claim, defense, or proof of an issue.
- The party seeking the information must have exhausted all reasonable means to obtain it from other sources.
- There must be a compelling public interest in the disclosure.
Subpoenas to Nonnews Media Parties
RCW 5.68.010(3) extends protection to nonnews media parties if the subpoena seeks records, information, or communications related to transactions with the news media. The news media must be given timely notice and an opportunity to be heard before such subpoenas are executed.
Publication and Waiver
Under RCW 5.68.010(4), publication by the news media does not constitute a waiver of the protection from compelled disclosure. The fact and content of the publication can be established by judicial notice if needed.
Definition of News Media
RCW 5.68.010(5) defines “news media” broadly, covering newspapers, magazines, book publishers, news agencies, radio and television stations, and other entities involved in news gathering and dissemination.
Conclusion
RCW 5.68.010 provides essential protections for the news media against compelled disclosure, preserving the confidentiality of sources and the integrity of the journalistic process. While there are exceptions where disclosure may be compelled, these are limited and require stringent criteria to be met. Understanding these protections and exceptions is crucial for journalists, legal professionals, and the public to ensure that the rights of the press are upheld and that the flow of information remains free and unfettered.
You can read the text of RCW 5.68.010 Protection from compelled disclosure here: https://apps.leg.wa.gov/rcw/default.aspx?cite=5.68.010
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