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Committee adopts updates to state press‑shield law; bill advances 4‑2
Summary
Legislators approved amendments and gave House Bill 153 a favorable recommendation after back‑and‑forth about definitions and safeguards for compelled disclosure in administrative proceedings. The bill would replace the current press‑shield statute with updated definitions of "journalist" and limit compelled disclosure by state entities.
A House committee voted to advance House Bill 153, which would repeal New Mexico’s current press‑shield statute and replace it with a revised law titled the Protect Reporters from Exploitative State Spying Act.
Sponsor Representative Silva said the measure updates definitions of “journalist” and “mediums of communication” to reflect modern reporting, including citizen journalists and online publishers who publish regularly. Attorney Kip Purcell, who testified as an expert on press‑shield law, said the draft also narrows compelled disclosure from state entities and requires a judicial finding by a preponderance of the evidence before agencies can force journalists or service providers to disclose protected information, with exceptions for investigations of serious crimes or national security threats.
The committee considered several amendments proposed after consultation with the Administrative Office of the Courts and the Supreme Court’s general counsel. The changes clarify that subpoenas must have been issued (removing language about “or will be”), make technical edits about the scope of a judge’s inquiry, and refine language about the content of compelled subpoenas so requests are not overbroad.
Supporters at the hearing included representatives of Albuquerque Publishing Company, the New Mexico Press Association, the ACLU of New Mexico and other media organizations. Kristen Love of the ACLU said the changes are needed as government surveillance and technological capabilities expand.
During committee debate, members sought details about who would qualify as a covered journalist — and whether social‑media publishers and bloggers who publish regularly would be protected. Sponsor Silva and Mr. Purcell said the bill’s definition is intentionally broad and aims to protect people who regularly engage in journalism with seriousness of purpose; the bill does not protect one‑off social posts or influencers without confidential sources.
Motion and outcomes: The committee adopted the sponsor’s technical amendment by unanimous consent and then voted 4‑2 to give HB153 a due‑pass recommendation as amended. Representatives Block and Lord voted no; Representative Block said he had unresolved questions that he planned to pursue on the House floor.
What’s next: HB153 advances to the full House. Supporters said they will continue to consult the courts and stakeholder groups on implementation details and potential training for state agencies about the statute’s new standards.
