The shield law applies to "[a]ny information obtained or received in confidence by the journalist acting in the journalistic capacity of gathering, receiving, transcribing or processing news or information for potential dissemination to the public." 16 M.R.S.A. 61(1)(C). The statute, therefore, distinguishes between information obtains or received in a journalistic capacity and information obtained or received in a personal capacity.
With regard to non-confidential personal observations, Maine's courts have not addressed this issue.