Everything online journalists need to protect their legal rights. This free resource culls from all Reporters Committee resources and includes exclusive content on digital media law issues.
The privilege applies to grand jury subpoenas. See, e.g., O.C.G.A. § 24-9-30 (privilege applies "in any proceeding where the one asserting the privilege is not a party"); In re Paul, 270 Ga. 680, 684 (Ga. 1999).
The Act defines "public records" as "all documents, papers, letters, maps, books, tapes, photographs, computer based or generated information, or similar material prepared and maintained or received in the course of the operation of a public office or agency." O.C.G.A. § 50-18-70(a). The Act does not address the possibility of requesting future records.
Because the Act by its terms applies to "computer based or generated information" social media postings and messages are presumptively subject to the Act. O.C.G.A. § 50-18-70 (a).
The Georgia superior courts have wide-ranging equitable powers. The court may grant an injunction or other equitable relief to enforce compliance with the Act, including opening an appropriate meeting. However, injunctive relief is only appropriate to ongoing violations of the Act, and not to wrongs that are already fully consummated. Wiggins v. Board of Comm'rs. of Tift Cty., 258 Ga. App. 666, 668, 574 S.E.2d 874 (2002) ("[C]ourts cannot restrain that which has already been done.").
Notice of emergency meetings, those called with less than 24 hours notice, must include notice of the subjects to be considered at the meeting. O.C.G.A. § 50-14-1(e)(1).
The reporter's privilege belongs to the person engaged in the gathering and dissemination of the news, not the source. In re Paul, 270 Ga. 680, 684 (Ga. 1999).
