UNC-TV turns over subpoenaed material to legislature

UNC-TV has turned over to legislative officials the research it has prepared about Alcoa and the Yadkin River. A key reason: to avoid any impression that the station had repressed an important story.


A spokesman for the agency said it was doing so "in a manner that is legal, ethical, and responsible. In addition, for the first time in network history, UNC-TV has made the decision to refrain from exercising its customary editorial review over an individual reporter’s project. The reason for this unusual step is to alleviate any concerns surrounding unfounded and untrue allegations of inappropriate suppression by UNC-TV management of the reporter’s ability to tell this important story."

It's another unprecedented move in a story that began last week when the Senate Judiciary II Committee issued a request and a subpoena for what it believed to be an unpublished documentary UNC-TV had prepared on Alcoa. UNC-TV later said it was working on three reports that would be aired soon, and the agency, which receives funding from the state, was considering whether and how to comply with the subpoena.

Early today the agency announced that it had turned over all its materials to the legislative committee on Monday morning. Sen. Fletcher Hartsell, R-Cabarrus, said last week the reports would be aired this morning at 9 a.m. in his committee meeting. You can listen in by going to this website: http://www.ncleg.net/gascripts/Audio/StreamAudio.pl?stream=appropriations



Steve Volstad, spokesman for UNC-TV, said the reports also would be broadcast today on UNC-TV. He said the agency had decided to turn the materials over to the legislature because it was a legitimate request, because UNC-TV was not certain it was covered in this situation by the state's press shield law, and because it was airing the reports beginning today anyway. Here's the statement from UNC-TV:

At 9:30 a.m. Monday July 5, 2010 UNC-TV took the unprecedented step of turning over to the North Carolina State Senate Judiciary II Committee all of the video work material in its possession related to a series of North Carolina Now reports on the activities of Alcoa, Inc., in Stanly County and on the Yadkin River. This was in compliance with the committee's equally unprecedented demand under North Carolina General Statute (NCGS) 120-19 to provide them with the raw material from which the reports on North Carolina Now are being created. UNC-TV's series of reports on this issue are scheduled to air on North Carolina Now on Tuesday, July 6, Wednesday, July 7, and Thursday, July 8 at 7:30 p.m.


We have taken these steps for these reasons:


• NCGS 120-19 mandates that state agencies comply with directives to provide information to the North Carolina General Assembly.


• Given UNC-TV's status as a state entity, there are differing legal opinions about the application of North Carolina's press shield law (NCGS 8-53.11).


• Based on the production timeline of the three North Carolina Now segments on this subject, agreed to by the producer/reporter of these segments, we have scheduled the reports for broadcast on the same day as the committee meeting. Therefore neither the public's right to know nor UNC-TV's ability to use this material for reporting purposes would be compromised in this instance.


We understand that there are those who will disagree with our decision, but given the legal uncertainty as to the application of the press shield law to UNC-TV, and because of the fact that UNC-TV is a state entity, we believe we have responded to this difficult situation in a manner that is legal, ethical, and responsible. In addition, for the first time in network history, UNC-TV has made the decision to refrain from exercising its customary editorial review over an individual reporter’s project. The reason for this unusual step is to alleviate any concerns surrounding unfounded and untrue allegations of inappropriate suppression by UNC-TV management of the reporter’s ability to tell this important story.










Steve Volstad


Director of Communications and Marketing


UNC-TV