Gibson Brouhaha Prompts Bill on Sale of Public Safety Info to Media

• Assemblymember Cites Tainting of Fair Trial Rights

BY ANNE SOBLE

It may not quite be “sell a news tip, go to jail,” but it’s close. AB 920 would make it a crime for public safety employees to sell information to media outlets as part of an official effort to clamp down on payments made for celebrity news by broadcast, print and Internet media outlets.

The measure, authored by Assemblymember Julia Brownley (D-Santa Monica/Malibu), was recently introduced at the request of the Los Angeles County Sheriff’s Department, which is still conducting an intensive in-house investigation of whether information related to the DUI arrest and verbal outbursts by Malibuite Mel Gibson was illegally made public.

Documents from the Malibu incident’s arrest file appeared on a celebrity-oriented website within hours and led to an international media maelstrom.

Computer files and other records belonging to the arresting officer in the high profile case, Deputy James Mee, were removed from his home under court order but the department has not disclosed the results of their analysis or any other aspects of the review.

LASD Chief Roberta Abner, who heads the division overseeing the investigation, told the Malibu Surfside News on Tuesday, “It is still an open investigation, but a conclusion is anticipated in the near future.”

Brownley has indicated that she “has no direct knowledge” that information was sold in the Gibson case, but notes that LASD has been concerned about the possibility that scoop-hungry media outlets are offering money to public safety officers for information.

Spurring AB 920 is her concern that such sales could “taint the right to a fair trial.”

Brownley’s measure would add Section 146g to the Penal Code. It targets peace officers, including sheriff’s deputies, police officers, and California Highway Patrol officers, as well as generic law enforcement agency employees and trial court employees.

If it becomes law, violations could be subject to misdemeanor charges. Misdemeanor charges could also apply to a reporter or media rep who offers to pay any of these individuals for information.

AB 920 states that individuals are guilty of a misdemeanor if they:
1) Disclose information obtained in the course and scope of his or her official duties in exchange for compensation or consideration.
2) Solicit the exchange of information obtained in the course and scope of official duties for compensation or consideration.
3) Solicit a peace officer, law enforcement employee, or trial court employee to disclose information obtained in the course and scope of official duties in exchange for compensation.

In a statement introducing the bill in the Legislature, Brownley said, “In the age of instant information and Internet sites, such as the ‘Smoking Gun’, ‘YouTube’, ‘TMZ,’ and other ‘non-traditional’ media outlets, the pressure to ‘break a story’ has raised concerns that some of these news websites may attempt to gain inside information on a story of a breaking event by paying a peace officer to obtain the information prior to its proper legal and timely release.”

If this takes place, she said, “This is a breach of the public trust, and, if violated, should be a crime. By adding a Penal Code section to prohibit peace officers or court officials from profiting or making any type of financial gain by providing proprietary department information, which is information gained by a member of a law enforcement agency in the performance of their duties, relating to the performance of those duties, and is not readily available to members of the general public, would dissuade both the peace officer and media outlet from engaging in this activity.”

The measure passed the state Assembly Public Safety Committee last week. It will undergo additional committee review before going for a final vote.

AB 920 has the formal support of the California Peace Officers Association, the California Police Chiefs Association and the Chief Probation Officers of California. There is no registered opposition.