The Advisory Committee on the Rules of Evidence went back to the drawing board following a comment period in which news reporters and editors complained the previous rule was worse than no rule at all.

The previous rule contained six exceptions to protecting confidential sources, and gave no protection for unpublished, non-confidential information, such as reporters' notes, tape recordings, photographs and video outtakes.

Even Utah Attorney General Mark Shurtleff wrote to support a rule recognizing "a reporter's privilege" to protect the confidentiality of news sources.

The proposed rule would give reporters what media attorneys call an "absolute privilege" against disclosing the identity of a confidential source.

Under the rule, a reporter would be able to refuse to disclose information provided by a confidential source, unless the person seeking the information demonstrates a need that "substantially outweighs the interest of a continued free flow of information to news reporters."

As for other unpublished news information, the burden would fall on the news reporters to show their interest outweighs that of the person seeking the information.

"It's a lot better," said media attorney Michael O'Brien. "It's a fair compromise. It keeps in place the balancing tests the courts have been using for several dozen years.

"And while it certainly protects the media, law enforcement, defense attorneys and civil litigants can get [information other than names of confidential sources] if they can overcome the balancing tests."

The rule will be forwarded to the Utah Supreme Court next month for approval.

Meanwhile, the Statewide Association of Prosecutors is reportedly preparing to object to the rule. Association director Paul Boyden wants an exception in cases where there is an overwhelming public interest in compelling disclosure of a confidential source, said Utah media attorney Jeff Hunt. Boyden did not return repeated phone calls last week from The Tribune.

Attorney John Lund, chairman of the advisory committee, called the new proposed rule "a pretty solid product."

"There is a lot of variability across the country. I'd like to think we came up with something that is a good guide."

At present, Utah is one of only three states without a formal rule or law protecting news reporters from revealing confidential sources.

Lund said the proposed new rule would give a confidential source "a relatively high level of confidence" that his or her identity would be kept secret.

"But as to things not gathered confidentially, like news [footage] you get as Mayor Rocky Anderson gives a speech . . . it becomes the burden of the news reporter to show their need to keep gathering the news outweighs the need of a person asking for information."

shunt@sltrib.com