1. (1) Notwithstanding any other provision of law to the contrary, and except as otherwise provided by section 24-72.5-104, no newsperson shall, without the express consent of such newsperson, be compelled to disclose, be examined concerning refusal to disclose, or be subject to any process to compel disclosure or to impose any sanction for nondisclosure in connection with any proceeding of a governmental entity for refusal to disclose any news information received, observed, procured, processed, prepared, written, or edited by a newsperson, while acting in the capacity of a newsperson; except that the privilege of nondisclosure shall not apply to the following:

   1. (a) News information received at a press conference;
   2. (b) News information that has actually been published or broadcasted through the mass media;
   3. (c) News information based on a newsperson's personal observation of the commission of an act which, under any statute, law, or ordinance, is deemed to be a criminal offense if substantially similar news information cannot reasonably be obtained by any other means;
   4. (d) News information based on a newsperson's personal observation of the commission of a class 1, 2, or 3 felony.

Source: L. 90: Entire article added, p. 1265, § 2, effective April 16.