Maine

P. Public utility records.

Available to the extent duplicated in the records of adjudicatory proceedings of the Public Utilities Commission. Information that identifies individual utility customers is confidential. 35-A M.R.S.A. § 704. Utility personnel records are confidential. 35-A M.R.S.A. § 114. Utilities may also obtain protective orders for proprietary information such as future marketing plans. 35-A M.R.S.A. § 1311.

8. Other elements

Maine's courts have not addressed what other elements may be applicable.

E. Webcasting

Overview

Maine

The applicable Administrative Order does not address webcasting, although most court houses in Maine do not have wireless internet access. The order would presumably apply to any cameras or recording equipment used to engage in webcasting via a cellular network.

a. "Information gathering" and "fact-finding" sessions.

Information gathering and fact-finding sessions must be undertaken in public.

2. Only those between the public employees and the public body.

Closed to the public unless both sides agree otherwise. 1 M.R.S.A. § 405(6)(D).

4. Infectious disease and health epidemics.

Department of Health records that contain personally identifying medical information that are created or obtained in connection with the department's public health activities or programs are confidential.  These records include, but are not limited to, information on genetic, communicable, occupational or environmental disease entities, and information gathered from public health nurse activities, or any program for which the department collects personally identifying medical information.  22 M.R.S.A.

2. Criminal contempt

Maine's courts have not addressed this issue.

I. Introduction: History & Background

On April 18, 2008, Maine Governor John Baldacci signed into law “An Act to Shield Journalists' Confidential Sources.” The statute is effective July 18, 2008 and is codified at 16 M.R.S.A. 61. Prior to that time, the reporter's privilege has reached the Maine Supreme Judicial Court twice. In the most recent opinion to address the issue, In re Denis Letellier, 578 A.2d 722, 17 Med.L.Rptr. 2169 (Me. 1990), the Court essentially adopted the balancing test propounded by the First Circuit in Bruno & Stillman, Inc. v.