{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-271.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-271.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-271.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-271.5.html"}],"law_id":55255,"edition_id":1,"section_id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","history":"2020, c. 650; 2024, c. 589.","full_text":"A\n\nAs used in this section, unless the context requires a different meaning:\n\t\t\t“Journalism” means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.\n\t\t\t“News organization” means any (i) newspaper or magazine issued at regular intervals and having a general circulation; (ii) recognized press association or wire service; (iii) licensed radio or television station that engages in journalism; or (iv) business that, by means of photographic or electronic media, engages in journalism and employs an editor overseeing the journalism function that follows commonly accepted journalistic practice as evidenced by (a) membership in a state-based journalism organization, including the Virginia Press Association and the Virginia Association of Broadcasters; (b) membership in a national journalism organization, including the National Press Club, the Society of Professional Journalists, and the Online News Association; (c) membership in a statewide or national wire news service, including the Capital News Service, The Associated Press, and Reuters; or (d) its continuous operation since 1994 or earlier.\n\t\t\t“Newsperson” means any person who, for a substantial portion of his livelihood or for substantial financial gain, engages in journalism for a news organization. “Newsperson” includes any person supervising or assisting another person in engaging in journalism for a news organization.\n\t\t\t“Protected information” means information identifying a source who provided information to a newsperson under a promise or agreement of confidentiality made by a news organization or newsperson while such news organization or newsperson was engaging in journalism.B\n\nExcept as provided in subsection C, no newsperson in any administrative, civil, or criminal proceeding shall be compelled by the Commonwealth or a locality or, in the case of a civil proceeding, a party to such proceeding to testify about, disclose, or produce protected information. Any protected information obtained in violation of this subsection is inadmissible for any purpose in an administrative, civil, or criminal proceeding.C\n\nA court may compel a newsperson to testify about, disclose, or produce protected information only if the court finds, after notice and an opportunity to be heard by such newsperson, that:1\n\nThe protected information is necessary to the proof of an issue material to an administrative, civil, or criminal proceeding;2\n\nThe protected information is not obtainable from any alternative source;3\n\nThe Commonwealth or locality or, in the case of a civil proceeding, a party to such proceeding exhausted all reasonable methods for obtaining the protected information from all relevant alternative sources, if applicable; and4\n\nThere is an overriding public interest in the disclosure of the protected information, including preventing the imminent threat of bodily harm to or death of a person or ending actual bodily harm being inflicted upon a person.D\n\nThe publication by a news organization or the dissemination by a newsperson of protected information obtained while engaging in journalism shall not constitute a waiver of the protection from compelled testimony, disclosure, and production provided by subsection B.","order_by":null,"text":{"0":{"id":202606,"text":"As used in this section, unless the context requires a different meaning:\n\t\t\t“Journalism” means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.\n\t\t\t“News organization” means any (i) newspaper or magazine issued at regular intervals and having a general circulation; (ii) recognized press association or wire service; (iii) licensed radio or television station that engages in journalism; or (iv) business that, by means of photographic or electronic media, engages in journalism and employs an editor overseeing the journalism function that follows commonly accepted journalistic practice as evidenced by (a) membership in a state-based journalism organization, including the Virginia Press Association and the Virginia Association of Broadcasters; (b) membership in a national journalism organization, including the National Press Club, the Society of Professional Journalists, and the Online News Association; (c) membership in a statewide or national wire news service, including the Capital News Service, The Associated Press, and Reuters; or (d) its continuous operation since 1994 or earlier.\n\t\t\t“Newsperson” means any person who, for a substantial portion of his livelihood or for substantial financial gain, engages in journalism for a news organization. “Newsperson” includes any person supervising or assisting another person in engaging in journalism for a news organization.\n\t\t\t“Protected information” means information identifying a source who provided information to a newsperson under a promise or agreement of confidentiality made by a news organization or newsperson while such news organization or newsperson was engaging in journalism.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":202607,"text":"Except as provided in subsection C, no newsperson in any administrative, civil, or criminal proceeding shall be compelled by the Commonwealth or a locality or, in the case of a civil proceeding, a party to such proceeding to testify about, disclose, or produce protected information. Any protected information obtained in violation of this subsection is inadmissible for any purpose in an administrative, civil, or criminal proceeding.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":202608,"text":"A court may compel a newsperson to testify about, disclose, or produce protected information only if the court finds, after notice and an opportunity to be heard by such newsperson, that:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":202609,"text":"The protected information is necessary to the proof of an issue material to an administrative, civil, or criminal proceeding;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":202610,"text":"The protected information is not obtainable from any alternative source;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":202611,"text":"The Commonwealth or locality or, in the case of a civil proceeding, a party to such proceeding exhausted all reasonable methods for obtaining the protected information from all relevant alternative sources, if applicable; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":202612,"text":"There is an overriding public interest in the disclosure of the protected information, including preventing the imminent threat of bodily harm to or death of a person or ending actual bodily harm being inflicted upon a person.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"7":{"id":202613,"text":"The publication by a news organization or the dissemination by a newsperson of protected information obtained while engaging in journalism shall not constitute a waiver of the protection from compelled testimony, disclosure, and production provided by subsection B.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; 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This law was first created in 2020. The record of its establishment is cataloged in chapter 650<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2024, chapter 589<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":169315,"object_type":"law","relational_id":55255,"identifier":"19.2-271.5","token":"19.2\/16\/1\/19.2-271.5","url":"\/19.2-271.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","dublin_core":{"Title":"Protected information; newspersons engaged in journalism","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-271.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, unless the context requires a different meaning:\n\t\t\t“Journalism<\/span>” means the gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public.\n\t\t\t“News organization<\/span>” means any (i) newspaper or magazine issued at regular intervals and having a general circulation; (ii) recognized press association or wire service; (iii) licensed radio or television station that engages in journalism<\/span>; or (iv) business that, by means of photographic or electronic media, engages in journalism<\/span> and employs an editor overseeing the journalism<\/span> function that follows commonly accepted journalistic practice as evidenced by (a) membership in a state-based journalism<\/span> organization, including the Virginia Press Association and the Virginia Association of Broadcasters; (b) membership in a national journalism<\/span> organization, including the National Press Club, the Society of Professional Journalists, and the Online News Association; (c) membership in a statewide or national wire news service, including the Capital News Service, The Associated Press, and Reuters; or (d) its continuous operation since 1994 or earlier.\n\t\t\t“Newsperson<\/span>” means any person who, for a substantial portion of his livelihood or for substantial financial gain, engages in journalism<\/span> for a news organization<\/span>. “Newsperson<\/span>” includes any person supervising or assisting another person in engaging in journalism<\/span> for a news organization<\/span>.\n\t\t\t“Protected information<\/span>” means information identifying a source who provided information to a newsperson<\/span> under a promise or agreement of confidentiality made by a news organization<\/span> or newsperson<\/span> while such news organization<\/span> or newsperson<\/span> was engaging in journalism<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in subsection C, no newsperson<\/span> in any administrative, civil, or criminal proceeding shall be compelled by the Commonwealth or a locality or, in the case of a civil proceeding, a party<\/span> to such proceeding to testify about, disclose, or produce protected information<\/span>. Any protected information<\/span> obtained in violation of this subsection is inadmissible for any purpose in an administrative, civil, or criminal proceeding. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A court<\/span> may compel a newsperson<\/span> to testify about, disclose, or produce protected information<\/span> only if the court<\/span> finds, after notice and an opportunity to be heard by such newsperson<\/span>, that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The protected information<\/span> is necessary to the proof of an issue<\/span> material<\/span> to an administrative, civil, or criminal proceeding; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The protected information<\/span> is not obtainable from any alternative source; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Commonwealth or locality or, in the case of a civil proceeding, a party<\/span> to such proceeding exhausted all reasonable methods for obtaining the protected information<\/span> from all relevant alternative sources, if applicable; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> There is an overriding public interest in the disclosure of the protected information<\/span>, including preventing the imminent threat of bodily harm to or death of a person or ending actual bodily harm being inflicted upon a person. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The publication by a news organization<\/span> or the dissemination by a newsperson<\/span> of protected information<\/span> obtained while engaging in journalism<\/span> shall not constitute a waiver<\/span> of the protection from compelled testimony<\/span>, disclosure, and production provided by subsection B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROTECTED INFORMATION; NEWSPERSONS ENGAGED IN JOURNALISM (\u00a7 19.2-271.5)\n\nA. As used in this section, unless the context requires a different meaning:\n\t\t\t“Journalism” means the gathering, preparing, collecting,\nphotographing, recording, writing, editing, reporting, or publishing of news or\ninformation that concerns local, national, or international events or other\nmatters of public interest for dissemination to the public.\n\t\t\t“News organization” means any (i) newspaper or magazine issued at\nregular intervals and having a general circulation; (ii) recognized press\nassociation or wire service; (iii) licensed radio or television station that\nengages in journalism; or (iv) business that, by means of photographic or\nelectronic media, engages in journalism and employs an editor overseeing the\njournalism function that follows commonly accepted journalistic practice as\nevidenced by (a) membership in a state-based journalism organization, including\nthe Virginia Press Association and the Virginia Association of Broadcasters; (b)\nmembership in a national journalism organization, including the National Press\nClub, the Society of Professional Journalists, and the Online News Association;\n(c) membership in a statewide or national wire news service, including the\nCapital News Service, The Associated Press, and Reuters; or (d) its continuous\noperation since 1994 or earlier.\n\t\t\t“Newsperson” means any person who, for a substantial portion of\nhis livelihood or for substantial financial gain, engages in journalism for a\nnews organization. “Newsperson” includes any person supervising or\nassisting another person in engaging in journalism for a news organization.\n\t\t\t“Protected information” means information identifying a source\nwho provided information to a newsperson under a promise or agreement of\nconfidentiality made by a news organization or newsperson while such news\norganization or newsperson was engaging in journalism.\n\nB. Except as provided in subsection C, no newsperson in any administrative,\ncivil, or criminal proceeding shall be compelled by the Commonwealth or a\nlocality or, in the case of a civil proceeding, a party to such proceeding to\ntestify about, disclose, or produce protected information. Any protected\ninformation obtained in violation of this subsection is inadmissible for any\npurpose in an administrative, civil, or criminal proceeding.\n\nC. A court may compel a newsperson to testify about, disclose, or produce\nprotected information only if the court finds, after notice and an opportunity\nto be heard by such newsperson, that:\n\n 1. The protected information is necessary to the proof of an issue material to\n an administrative, civil, or criminal proceeding;\n\n 2. The protected information is not obtainable from any alternative source;\n\n 3. The Commonwealth or locality or, in the case of a civil proceeding, a party\n to such proceeding exhausted all reasonable methods for obtaining the\n protected information from all relevant alternative sources, if applicable;\n and\n\n 4. There is an overriding public interest in the disclosure of the protected\n information, including preventing the imminent threat of bodily harm to or\n death of a person or ending actual bodily harm being inflicted upon a person.\n\nD. The publication by a news organization or the dissemination by a newsperson\nof protected information obtained while engaging in journalism shall not\nconstitute a waiver of the protection from compelled testimony, disclosure, and\nproduction provided by subsection B.\n\nHISTORY: 2020, c. 650; 2024, c. 589.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}