An information notice cannot require you to produce ‘journalistic material’ or provide information from journalistic material.
‘Journalistic material’ means material acquired or created for the purposes of journalism. This means for example that an investigative journalist could not be required by an information notice to disclose source material.
Material is journalistic material only if it is:
- in the possession of a person who acquired or created it for the purposes of journalism, that is a journalist; or
- unsolicited material sent to a person with the intention of it being used for journalism.
Material is either journalistic or it is not. There is no provision for partial access to journalistic material such as there is to ‘personal records’ (see RSTP2011).