In case of an appeal the privilege conferred by Part 9 of Article VIII of this Act remains in full force and effect during the pendency of such appeal.
8-908.Privilege continues during pendency of appeal.
Article VIII. Evidence · Part 9. Reporter's Privilege · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceThe reporter's privilege stays fully in effect while an appeal from an order divesting that privilege is pending, so a reporter need not disclose a source before the appeal is resolved.
Full Text of 735 ILCS 5/8-908
Plain-English Summary
Section 8-908 protects a reporter during the appeal process. If a divestiture order is appealed, the privilege conferred by Part 9 of Article VIII remains in full force and effect for the duration of that appeal.
This means the reporter is not required to comply with a disclosure order while it is being challenged on appeal. The privilege effectively acts as an automatic stay of the disclosure obligation, preventing the underlying purpose of the appeal, protecting the source's confidentiality, from becoming moot before the appellate court can rule.
Without this provision, a reporter forced to disclose a source while appealing the order could win the appeal only to find the disclosure had already happened and the confidentiality interest already lost. Section 8-908 closes that gap by keeping the privilege intact throughout the appeal.
Frequently Asked Questions
Does a reporter have to disclose a source while appealing a divestiture order in Illinois?
No. Section 8-908 keeps the reporter's privilege in full force and effect during the pendency of the appeal, so disclosure is not required while the appeal is ongoing.
What is the purpose of Section 8-908?
It prevents an appeal challenging a divestiture order from becoming pointless: if the reporter had to disclose the source before the appeal was decided, winning the appeal afterward would not undo the loss of confidentiality.
Does the privilege in Section 8-908 apply only to reporters who lose in the circuit court?
The section applies whenever a divestiture order is appealed, keeping the Part 9 privilege in effect for the reporter throughout that appeal.
How long does the protection in Section 8-908 last?
It lasts for the pendency of the appeal, meaning until the appeal is resolved.
Which section imposes penalties if a reporter later refuses to comply with a final disclosure order?
Section 8-909 addresses contempt for refusing to comply with a disclosure order once it becomes final, which is distinct from the appeal-pendency protection in Section 8-908.
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 appeal illinoisshield law stay pending appeal8-908 illinois evidencereporter privilege during appeal illinois