In granting or denying divestiture of the privilege provided in Part 9 of Article VIII of this Act the court shall have due regard to the nature of the proceedings, the merits of the claim or defense, the adequacy of the remedy otherwise available, if any, the relevancy of the source, and the possibility of establishing by other means that which it is alleged the source requested will tend to prove.
8-906.Consideration by court.
Article VIII. Evidence · Part 9. Reporter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceIn deciding whether to strip a reporter of the privilege, the court must weigh the nature of the proceedings, the merits of the claim or defense, the adequacy of other remedies, the source's relevance, and whether other means could prove what the source would show.
Full Text of 735 ILCS 5/8-906
Plain-English Summary
Section 8-906 lists the factors a court must consider in granting or denying divestiture of the reporter's privilege under Part 9. The court must give due regard to the nature of the proceedings in which disclosure is sought, the merits of the claim or defense at issue, and the adequacy of any remedy otherwise available to the party seeking the information.
The court must also weigh the relevancy of the source itself, and the possibility of establishing through other means what the party claims the source would tend to prove. This last factor pushes the court to consider whether the moving party needs the reporter's source at all, or whether the same point could be proven some other way.
These considerations work alongside the specific findings Section 8-907 requires before a court can enter a divestiture order, giving the court a broader set of factors to weigh even as it applies the more particular findings that section demands.
Frequently Asked Questions
What factors does an Illinois court weigh before stripping a reporter of the shield law privilege?
Section 8-906 requires the court to consider the nature of the proceedings, the merits of the claim or defense, the adequacy of any other available remedy, the relevancy of the source, and whether other means could establish what the source would tend to prove.
Does the court have to find that no other evidence could prove the same point?
Section 8-906 directs the court to consider the possibility of establishing by other means what the source is alleged to prove, as one of several factors bearing on divestiture; Section 8-907 separately requires a finding that other available sources have been exhausted.
How does Section 8-906 relate to Section 8-907?
Section 8-906 sets out the general factors the court considers in weighing divestiture, while Section 8-907 specifies the particular findings the court must make before it may enter an order divesting the privilege.
Does the merits of the underlying claim matter to a divestiture decision?
Yes. The court must give due regard to the merits of the claim or defense in the proceeding when deciding whether to grant or deny divestiture.
What does "adequacy of the remedy otherwise available" mean in this context?
It directs the court to consider whether the party seeking the source already has an adequate way to obtain relief or proof without compelling the reporter's disclosure.
Amendment History
(Source: P.A. 83-707.)
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 divestiture factors illinoisshield law balancing test illinois8-906 illinois evidencecourt considerations reporter source disclosure