The application provided in Section 8-903 of this Act shall allege: the name of the reporter and of the news medium with which he or she was connected at the time the information sought was obtained; the specific information sought and its relevancy to the proceedings; and, either, a specific public interest which would be adversely affected if the factual information sought were not disclosed, or, in libel or slander cases, the necessity of disclosure of the information sought to the proof of plaintiff's case. Additionally, in libel or slander cases, the plaintiff must include in the application provided in Section 8-903 a prima facie showing of falsity of the alleged defamation and actual harm or injury due to the alleged defamation.
8-904.Contents of application.
Article VIII. Evidence · Part 9. Reporter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceAn application to override a reporter's privilege must identify the reporter and news medium, describe the specific information sought and its relevance, and show either a public interest in disclosure or, in libel and slander cases, its necessity plus a prima facie showing of falsity and harm.
Full Text of 735 ILCS 5/8-904
Plain-English Summary
Section 8-904 spells out what the written application described in Section 8-903 must allege. It must name the reporter and the news medium the reporter was connected with when the information sought was obtained, identify the specific information sought, and explain that information's relevance to the proceeding.
Beyond that, the application must show either a specific public interest that would be adversely affected if the factual information were not disclosed, or, in libel or slander cases, that disclosure is necessary to prove the plaintiff's case. Libel and slander cases carry an additional burden: the application must also include a prima facie showing that the alleged defamation was false and that it caused actual harm or injury.
These pleading requirements work as a gatekeeping function before the substantive hearing. Sections 8-906 and 8-907 then govern how the court weighs the application, but a court cannot even reach that stage unless the application first satisfies what Section 8-904 requires it to allege.
Frequently Asked Questions
What must a written application to compel a reporter's disclosure allege in Illinois?
It must allege the name of the reporter and the news medium they were connected with when the information was obtained, the specific information sought and its relevance to the proceeding, and either a specific public interest affected by nondisclosure or, in libel or slander cases, the necessity of disclosure to the plaintiff's case.
Are libel and slander cases held to a higher standard under Section 8-904?
Yes. In addition to the general requirements, the plaintiff in a libel or slander case must include a prima facie showing of falsity of the alleged defamation and of actual harm or injury caused by it.
What is the difference between the "public interest" showing and the libel-specific showing?
Outside libel and slander cases, the application shows a specific public interest that nondisclosure would adversely affect. In libel and slander cases, the application instead shows that disclosure is necessary to prove the plaintiff's case, on top of the prima facie falsity and harm showing.
Which section governs the contents of the application referenced in Section 8-903?
Section 8-904 sets out exactly what that application must allege, building on the applicant identity and court-filing rules established in Section 8-903.
Does the application need to explain why the information is relevant?
Yes. Section 8-904 requires the application to state the specific information sought and its relevancy to the proceedings.
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: reporter's privilege application requirements illinoislibel slander prima facie falsity illinois8-904 illinois evidencecompel journalist source disclosure requirements