An order granting divestiture of the privilege provided in Part 9 of Article VIII of this Act shall be granted only if the court, after hearing the parties, finds: (1) that the information sought does not concern matters, or details in any proceeding, required to be kept secret under the laws of this State or of the Federal government; and
8-907.Court's findings.
Article VIII. Evidence · Part 9. Reporter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceA court may only order a reporter to disclose a source after finding the information is not legally required to be kept secret and that all other sources have been exhausted and disclosure is essential to the public interest or, in libel and slander cases, outweighs confidentiality under the case's facts.
Full Text of 735 ILCS 5/8-907
(2) that all other available sources of information have been exhausted and, either, disclosure of the information sought is essential to the protection of the public interest involved or, in libel or slander cases, the plaintiff's need for disclosure of the information sought outweighs the public interest in protecting the confidentiality of sources of information used by a reporter as part of the news gathering process under the particular facts and circumstances of each particular case.
If the court enters an order divesting the person of the privilege granted in Part 9 of Article VIII of this Act it shall also order the person to disclose the information it has determined should be disclosed, subject to any protective conditions as the court may deem necessary or appropriate.
Plain-English Summary
Section 8-907 sets the specific findings a court must make before entering an order that divests a reporter of the privilege and compels disclosure. First, after hearing the parties, the court must find that the information sought does not concern matters or details required to be kept secret under state or federal law.
Second, the court must find that all other available sources of information have been exhausted, and either that disclosure of the information sought is essential to protecting the public interest involved, or, in libel and slander cases, that the plaintiff's need for disclosure outweighs the public interest in protecting the confidentiality of a reporter's sources, judged under the particular facts and circumstances of the case.
If the court enters an order divesting the privilege, it must also order the person to disclose the information the court has determined should be disclosed, and the court can attach whatever protective conditions it deems necessary or appropriate to that disclosure order.
Frequently Asked Questions
What must a court find before ordering a reporter to disclose a source in Illinois?
Section 8-907 requires the court to find, after hearing the parties, that the information does not concern matters required to be kept secret under state or federal law, and that all other available sources have been exhausted, with disclosure either essential to the public interest or, in libel and slander cases, outweighing confidentiality under the case's facts.
Does the court have to try other sources of information before ordering a reporter to disclose?
Yes. One of the required findings is that all other available sources of information have been exhausted before the court can order the reporter's disclosure.
What is the standard for compelling disclosure in a libel or slander case versus other cases?
Outside libel and slander cases, disclosure must be essential to protecting the public interest involved. In libel and slander cases, the plaintiff's need for disclosure must outweigh the public interest in protecting the confidentiality of the reporter's sources, judged on the particular facts and circumstances.
Can a court attach conditions to an order compelling a reporter to disclose a source?
Yes. Section 8-907 allows the court to order disclosure subject to any protective conditions it deems necessary or appropriate.
What happens if the information sought is legally required to be kept secret?
The court cannot order divestiture of the privilege in that circumstance, since one of the required findings is that the information does not concern matters or details required to be kept secret under Illinois or federal law.
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 court findings illinoisshield law disclosure order requirements8-907 illinois evidenceessential to public interest reporter privilege