In response to our report, “Currituck County Commissioner’s Unprecedented Move Threatens Press Freedom and Privacy Rights of Private Citizens,” BlackwaterReports has diligently examined the legal landscape governing press freedom and source protection. We have enlisted legal counsel to address Commissioner Bob White’s attempts to unveil sources outside the established frameworks of North Carolina’s courts. We cannot provide comments on this aspect of the Currituck Conspiracy until these matters are resolved. Nevertheless, we are committed to fulfilling our mission by sharing information about the proper process Commissioner White should have followed.

In North Carolina, if a government entity seeks to reveal a reporter’s sources, it must adhere to legal procedures, which may involve court orders or subpoenas. Commissioner White, however, has bypassed these procedures, utilizing county resources to unveil potential BlackwaterReports sources. North Carolina’s Shield Law, specifically § 8-53.11, affords protection to journalists and news media in such situations.

According to state statutes, a journalist is defined as any person, company, or entity engaged in the business of gathering, compiling, writing, editing, photographing, recording, or processing information for dissemination through any news medium. A news medium is defined as any entity regularly involved in the publication or distribution of news through print, broadcast, or other electronic means accessible to the general public.

BlackwaterReports, recognized as a nonprofit news media entity by the North Carolina Secretary of State and the Internal Revenue Service, is entitled to the privileges outlined in the statute. The law clearly establishes a qualified privilege against disclosure in any legal proceeding for a journalist regarding confidential or nonconfidential information obtained or prepared while acting in their capacity. Commissioner White has sidestepped the appropriate legal channels for unmasking news mediums or reporter sources.

To overcome the qualified privilege, Commissioner White must demonstrate, by a preponderance of the evidence, that the sought testimony or production is relevant and material to the proper administration of the legal proceeding, cannot be obtained from alternate sources and is essential to the maintenance of a claim or defense for the person on whose behalf the testimony or production is sought.