2-10-2025 11:29pm

New Mexico HB 153 Protect Reporters Act Moves to Committee

Chris Edwards Editor

A bill, HB 153 in the New Mexico legislature known as the Protect Reporters from Exploitative State Spying Act, establishes comprehensive protections for journalists and their service providers against compelled disclosure of confidential information by state government entities.

The bill is sponsored by Javier Martínez (D), Sarah Silva (D), and Peter Wirth (D).

At a time when the government has increasingly retaliated against
journalists for their use of confidential sources, it is more urgent than ever to preserve the free flow of information to the public and ensure journalists are not unfairly and excessively targeted
by the federal government for their work.

This threat was highlighted by media reports which revealed that the Department of Justice secretly seized records from reporters who work for The Washington Post, CNN, and New Y ork Times at the federal level. Thus enhanced state and federal protections are necessary

Government seizure of data has a chilling effect on reporters’ ability to speak with confidential sources and inform the public. These fundamental activities of a free press are vital to democracy.

Shield laws give journalists the right to refuse to disclose sources used, or information obtained, during news gathering. While 48 states and the District of Columbia have some form of a shield
law or reporter’s privilege, the protections vary widely from state to state.

The bill proposed in the New Mexico House provides detailed definitions of key terms such as "covered journalist" (a person who regularly gathers and reports news) and "protected information" (information identifying sources or journalistic materials)

Under the proposed bill, state entities cannot force journalists or their service providers to disclose protected information unless a court determines, by a preponderance of evidence, that the disclosure is necessary to prevent terrorism or imminent violence.

The bill includes strict procedural requirements for any attempts to compel disclosure, such as providing notice to the journalist and ensuring that any requested information is narrowly tailored and not overly broad. Importantly, the bill includes a rule of construction that does not prevent investigations of journalists who are suspected of criminal activity, are witnesses to crimes, or are associated with terrorist organizations.

The act will become effective on July 1, 2025, and repeals a previous section of New Mexico state law.

The primary goal of the bill is to safeguard journalistic sources and materials while maintaining provisions for legitimate law enforcement needs.

The public is encouraged to participate and comment to ensure a free press and protections of first amendment rights are further protected from government interference.

You are invited to a Zoom webinar or join in person for the next action around the bill which is in the House Consumer & Public Affairs Committee (13:30:00 2/11/2025 Room 317) on 02/11/2025.

Join from PC, Mac, iPad, or Android: https://us02web.zoom.us/j/89876224491
Phone one-tap: +16694449171,,89876224491# US Webinar ID: 898 7622 4491

Those interested in maintaining and safeguarding first amendment rights are encouraged to contact their state representatives in support of this important legislation.

Endorsements for similar legislation at the Federal level include:
● News/Media Alliance ● Radio Television Digital News Association ● National Association of Broadcasters ● Freedom of the Press Foundation ● Demand Progress ● American Civil Liberties Union ● Committee to Protect Journalists ● Reporters Without Borders ● Reporters Committee for Freedom of the Press ● Electronic Frontier Foundation ● Defending Rights and Dissent ● PEN America ● Center for Democracy & Technology ● First Amendment Coalition ● ARTICLE 19 ● Protect the 1st Foundation ● Online News Association ● Coalition For Women In
Journalism ● Knight First Amendment Institute at Columbia University ● Government Information Watch ● Institute for Nonprofit News ● New Y ork News Publishers Association ● Surveillance Technology Oversight Project ● Granitt ● Illinois Eagle ● J. The Jewish News of
Northern California ● Tucson Sentinel ● Arizona Press Club ● KALHRadio.org 2nd Life Media AlamogordoTownNews.org ●