For Immediate Release                       Contact:  John Noble, 

October 16, 2007                                              Mr. Boucher, (202) 225-3861       

HOUSE PASSES  BOUCHER-PENCE FREE FLOW OF INFORMATION' ACT

Legislation Would Enable Reporters to Refrain from Revealing Confidential News Sources

(Washington, D.C.) -  The U.S. House of Representatives today passed the Free Flow of Information Act of 2007, legislation authored by Congressmen Rick Boucher (D-Va) and Mike Pence (R-IN), which would create a federal media shield law to protect reporters from being compelled to reveal their confidential news sources in federal court proceedings.

"Today's passage of the Free Flow of Information Act is a major victory for the public's right to know and for the ability of reporters to bring important information to light. The assurance of confidentiality that reporters give to sources is fundamental to their ability to deliver news on highly contentious matters of broad public interest such as corruption in government or misdeeds in corporations.  Without the promise of confidentiality, many inside sources would not reveal the information, and opportunity to take corrective action to address the harms would not arise," Boucher said.

Thirty -four states and the District of Columbia have statutes extending an absolute or qualified privilege protecting reporters from the compelled disclosure of the identity of confidential sources.  "Such overwhelming support for assuring the confidentiality of journalists' sources at the state level lays bare the glaring lack of similar protections at the federal level," Boucher added. 

"As a conservative who believes in limited government, I know the only check on government power in real time is a free and independent press. The Free Flow of Information Act is not about protecting reporters, it is about protecting the public's right to know," Pence said.   

 During the past few years, more than thirty reporters have been subpoenaed or questioned in federal court proceedings about confidential sources, and several have been incarcerated or threatened with jail sentences. "Such actions inevitably have a chilling effect on the willingness of reporters to rely on confidential sources and on the willingness of sources to speak to reporters," Boucher added.

To ensure that confidential sources remain willing to share information vital to the public interest, the bi- partisan legislation approved by the House sets criteria which must be met before information can be subpoenaed from reporters in any federal criminal or civil matter. The standards set forth in the legislation carefully balance the public interest in the free flow of information against the public interest in compelled testimony.

"Our legislation appropriately places the public's right to know above the more narrow interest of the administration of justice in a particular federal case.  In fact, in many instances, the critical information which first alerts federal prosecutors to conduct a criminal proceeding is contained in a news story which could only have been reported upon with the assurance of anonymity to the news source.  The passage of this measure will assure a stronger underpinning of both freedom of the press and free speech in future years," Boucher concluded.

The legislation is supported by the Newspaper Association of America, the National Association of Broadcasters, the Reporters Committee for Freedom of the Press, as well as dozens of other major media organizations and companies.

The Senate Judiciary Committee has recently approved similar legislation, which was introduced by Senators Chris Dodd (D-CT), Richard Lugar (R-IN), Charles Schumer (D-NY), and Patrick Leahy (D-VT).  Congressmen Boucher and Pence will continue to work with their colleagues in the Senate for enactment of this measure.

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