A. Generally

New York has "long provided one of the most hospitable climates for the free exchange of ideas…. It is consistent with that tradition for New York to provide broad protections, often broader than those provided elsewhere, to those engaged in publishing and particularly to those performing the sensitive role of gathering and disseminating news of public events." In Re Beach v. Shanley, 62 N.Y.2d 241 at 255, 476 N.Y.S.2d 765, 773 (1984) (Wachtler, J., concurring).

New York's Shield Law provides an absolute privilege with respect to confidential information, and a qualified privilege for nonconfidential information. The privileges apply equally in both the civil and criminal context, and in cases where the reporter is party to the litigation. However, in criminal cases, where the reporters privilege frequently conflicts with a defendant's Sixth Amendment rights, courts appear more willing to find that the privilege as to non-confidential information has been overcome. Similarly, while the Shield Law protects journalists in defamation suits in which they (or their employers') are defendants, courts will often prevent the reporter from using information withheld on the basis of the privilege in his or her defense.