1. Civil contempt

This section addresses situations where a reporter is held in civil contempt to compel compliance, with the proverbial keys to the cell in his own pocket. In the words of the New York Court of Appeals, contempt "usually involves imprisonment, a fine or both," and is "considered a drastic measure," Oak Beach Inn Corp. v. Babylon Beacon, Inc., 623 N.Y.2d at 165, 476 N.Y.S.2d at 272.(1984). To sustain a civil contempt, "a lawful judicial order expressing an unequivocal mandate must have been in effect disobeyed" and "prejudice to the rights of a party to the litigation must be demonstrated." McCain v. Dinkins, 84 N.Y.2d 216, 226, 616 N.Y.S.2d 335 (1994).

While recent high profile federal cases have brought the possibility of contempt to the forefront of the media's collective consciousness, it remains exceptional for reporters in New York to be found in contempt and fined and/or imprisoned, no doubt due to the robust protections afforded to professional journalists and newscasters by New York's Shield Law. Where such sanctions have been imposed, they have typically been overturned on appeal. By the express terms of the Shield Law, contempt would only be available where the qualified privilege for materials had been overcome and the reporter refused to produce the nonconfidential materials. As a practical matter, where no confidential sources are implicated, it is unlikely that a reporter would refuse to comply with an order to disclose the information that has been upheld on appeal. (See below).