Looks as if Taiwan will get a shield law before we do.

Media workers will have prosecutorial immunity if an amendment to the Code of Criminal Procedure passes

The China Post
Thursday, April 17, 2008

TAIPEI, Taiwan --- Kuomintang lawmakers proposed an amendment to the Code of Criminal Procedure to enable press workers to refuse to disclose sources of information, as three Taipei reporters stayed away from a military tribunal hearing on the security compromise in the Taiwan Goal scandal yesterday.

Two reporters for the United Daily News, together with one colleague from the China Times, were subpoenaed to testify at the Ministry of National Defense tribunal investigating Taiwan Goal, the now-disbanded government-owned company in charge of purchasing weapons and equipment from abroad.

Taiwan Goal, founded last year, had signed contracts to upgrade Lafayette frigates and purchase sophisticated arms from France before the scandal came to light in the run-up to the presidential election on March 22.

All three would have been asked to identify their sources for their stories. They refused to appear in court with the conviction that freedom of the press is guaranteed by the Constitution. However, constitutional protection does not cover immunity to prosecution if reporters refuse to disclose their sources of information.

To give press workers that immunity, Kuomintang legislators moved to amend Article 182 of the Code of Criminal Procedure. The proposed amendment, which will be acted on next week, adds "media workers" to the group of professionals who can refuse to disclose privileged information about their clients unless they approve. Among such professionals so designated in Article 182 are medical doctors, pharmacists, midwives, priests, attorneys, defense lawyers, notaries pubic, and certified public accountants.

"We are certain we will be able to successfully add 'press workers' to that group of professionals who can refuse to disclose privileged contacts," said a Kuomintang lawmaker who collected enough endorsements to make the amendment proposal.

Wu Chih-yang said reporters should be protected against intimidation. Quite a few reporters have been held in contempt of court and fined for refusing to reveal their news sources. "That goes against freedom of the press upheld in the Constitution," Wu pointed out.

Should the amendment be adopted, media workers would be exempted from contempt of court charges, Wu said.