§ 9-19.1-3 - Qualifications.
SECTION 9-19.1-3
§ 9-19.1-3 Qualifications. – (a) The privilege conferred by § 9-19.1-2 shall not apply to anyinformation which has at any time been published, broadcast, or otherwise madepublic by the person claiming the privilege.
(b) The privilege conferred by § 9-19.1-2 shall notapply:
(1) To the source of any allegedly defamatory information inany case where the defendant, in a civil action for defamation, asserts adefense based on the source of the information; or
(2) To the source of any information concerning the detailsof any grand jury or other proceeding which was required to be secret under thelaws of the state.
(c) In any case where a person claims a privilege conferredby this statute, the person seeking the information or the source of theinformation may apply to the superior court for an order divesting theprivilege. If the court, after hearing the parties, shall find that there issubstantial evidence that disclosure of the information or of the source of theinformation is necessary to permit a criminal prosecution for the commission ofa specific felony, or to prevent a threat to human life, and that theinformation or the source of the information is not available from otherprospective witnesses, the court may make such order as may be proper under thecircumstance. Any such order shall be appealable under the provisions ofchapter 24 of title 9.