(a) In any case, except a libel or slander case, where a person claims the privilege conferred by Part 9 of Article VIII of this Act, the person or party, body or officer seeking the information so privileged may apply in writing to the circuit court serving the county where the hearing, action or proceeding in which the information is sought for an order divesting the person named therein of such privilege and ordering him or her to disclose his or her source of the information.
8-903.Application to court.
Article VIII. Evidence · Part 9. Reporter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA person or party seeking to override the reporter's privilege must apply in writing to the circuit court; in libel or slander cases, only the plaintiff may make that application.
Full Text of 735 ILCS 5/8-903
(b) In libel or slander cases where a person claims the privilege conferred by Part 9 of Article VIII of this Act, the plaintiff may apply in writing to the court for an order divesting the person named therein of such privilege and ordering him or her to disclose his or her source of information.
Plain-English Summary
Section 8-903 sets out who may start the process to divest a reporter of the privilege recognized in Section 8-901. In any case other than libel or slander, the person, party, body, or officer seeking the privileged information may apply in writing to the circuit court serving the county where the underlying hearing, action, or proceeding is pending. The application asks the court for an order divesting the named person of the privilege and ordering disclosure of the source.
Libel and slander cases work differently. There, only the plaintiff may apply for the divestiture order; the statute does not extend that right to defendants or other parties in those specific case types.
This section identifies the proper court and the proper applicant; Section 8-904 then specifies what the written application itself must allege, and Sections 8-906 and 8-907 govern how the court evaluates the request and what findings it must make before ordering disclosure.
Frequently Asked Questions
Who can ask a court to override a reporter's privilege in Illinois?
In cases other than libel or slander, the person, party, body, or officer seeking the privileged information may apply in writing to the circuit court. In libel or slander cases, only the plaintiff may make that application.
Which court hears an application to divest a reporter of the privilege?
The circuit court serving the county where the hearing, action, or proceeding in which the information is sought is pending.
Why can't a defendant apply for divestiture in a libel or slander case?
Section 8-903(b) limits that specific application to the plaintiff in libel or slander cases, a narrower rule than the general provision in subsection (a) that allows any seeking party to apply in other case types.
What must an application under Section 8-903 ask the court to do?
It must ask for an order divesting the named person of the reporter's privilege and ordering that person to disclose the source of the information sought.
What comes after filing an application under Section 8-903?
Section 8-904 specifies what the application must allege, and the court then evaluates the request under the standards in Sections 8-906 and 8-907 before deciding whether to order disclosure.
Amendment History
(Source: P.A. 84-398.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: divest reporter's privilege illinoisapply to compel journalist disclosure illinoislibel slander reporter privilege illinois8-903 illinois evidence