Being the sole Spaniard on the grid won’t put pressure on Sainz


Mexico’s president pulls the plug on Grand Prix funding!


Under investigation di Grassi secures provisional ePrix pole in Santiago


Villeneuve’s busy season will include one ‘quite important’ moment


Hamilton feeling more positive after second week of testing


Raikkonen confident of ‘big step’ for Alfa Romeo


Final starting grid for the 2019 Belgian GP


'Unprecedented Situation' in Brazil as Number of Cases of Virus-Linked Birth Defect Explodes


Hamilton: ‘Too early to say one person is the title rival’


Spies in the Sky: Israeli Drone Feeds Hacked By British and American Intelligence

Shield law protects emergency room outtakes from disclosure

  • MEDIATORECONDOMINIALE
  • October 29, 2019
  • News
  • No Comments

NMU NEW JERSEY Confidentiality/Privilege

Shield law protects emergency room outtakes from disclosure

New Jersey’s shield law protects non-confidential information and covers non-traditional news shows, the appellate court held.

July 18, 2003 — Reversing a decision by a New Jersey trial court judge, the Superior Court of New Jersey, Appellate Division, held Tuesday that the state’s shield law protects the New York Times Company from compelled disclosure of a videotape shot in an emergency room.

Adopting the position supported by the New Jersey Press Association and The Reporters Committee for Freedom of the Press in a friend-of-the-court brief in the case, the appellate court said the shield law is not limited in its application to confidential source information.

The court also said that the definition of “news media” in New Jersey’s shield law is not limited to traditional reports of significant public events. A show that presents “primarily human interest stories” but has “educational and public policy aspects” may be considered a form of “news media” under the law, the court said.

Finally, the court held that a plaintiff’s claim for invasion of privacy is not constitutionally based and, therefore, does not “trump” the shield law protections.

Film crews collecting footage for the television show “Trauma, Life in the ER” taped the treatment of Joseph Kinsella in the emergency room of Jersey Shore Medical Center in July 2001. Kinsella had fallen from the roof of a building he was spraying with insecticide.

The show was produced by NYT Television, a division of the New York Times Company. No footage of Kinsella was included in either of two episodes produced, according to court papers.

Kinsella sued NYT Television and New York Times Company claiming the filming invaded his privacy.

The appellate court’s decision means the suit will proceed without the video outtakes requested in pre-trial discovery by Kinsella. The Times Company will have to provide Kinsella with any videotape it intends to introduce as evidence at trial.

(Kinsella v. New York Times; Media counsel: Peter Banta, Winne, Banta, Rizzi, Hetherington & Basralian, Hackensack, N.J.)WT

Related stories:

Emergency room footage not shielded by reporter’s privilege (12/31/2002)

Other links:

Court opinion


© 2003 The Reporters Committee for Freedom of the Press

Return to: RCFP Home; News Page


Got Something To Say!

Your email address will not be published. Required fields are marked *

BACK TO TOP