ジャーナリストの証言拒絶権法制化に関する一考察 : 米国を素材として

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  • A Study on legislation of Journalists' Privilege to refuse to testify : Regarding the US Federal Shield Bills
  • ジャーナリスト ノ ショウゲン キョゼツケン ホウセイカ ニ カンスル イチ コウサツ ベイコク オ ソザイ ト シテ

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The study focuses on the legislation of journalists' privilege to refuse to testify, which is a widely discussed issue in the United States in recent years. This article is constituted by the following parts. The first part is to introduce the background of the dispute on the privilege in the United States. The Second part is the presentation of the three demerits and one merit of the legislation. The third part is to give an outlines of the Senate and House bills 2009, and then, to take an analysis over the concrete regulations in the federal shield law related to the above four points. To be specific, the demerits of reporter's privilege law could be concluded from the following three aspects. The opposition to the fair judiciary, the protection to the person who leaks information illegally and the definition of journalist by the legislature. On the other side, the merit of the law is the decrease of the chilling effect on free news gathering according to the improvement of prediction possibility. And the 2009 Bills, could be outlined from the definition of covered person who can invoke the privilege, definition of protected information, conditions for compelled disclosure of information, exceptions of privilege, and the comparison of Senate and House bill. As a conclusion, both of the bills are full of content of detailed regulations, which would bring out the decrease of chilling effect on the case of enacment. However, at the same time, the bills also have several issues such as the lack of consideration on the strong power of Grand Jury and prosecution in criminal cases, the great number of exceptions of privilege, together with the disregard of the journalist's intention while collecting the information.

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