Rule 2:508.Protected Information; Newspersons Engaged in Journalism (derived from Code § 19.2-271.5).

Rule 2:508 creates Virginia’s reporter’s-privilege framework, built around a set of careful definitions in subdivision (a). “Journalism” covers the gathering, preparing, writing, editing, or publishing of news or information about matters of public interest for public dissemination. A “news organization” has to meet one of several structural tests — a regularly published newspaper or magazine, a recognized press association or wire service, a licensed broadcast station, or a media business that employs an editor and follows accepted journalistic practice, shown through membership in a recognized journalism organization or wire service, or continuous operation since at least 1994. A “newsperson” is someone who engages in journalism for a news organization for a substantial part of their livelihood or for substantial financial gain, including a person who supervises or assists another journalist. “Protected information” is information identifying a confidential source who provided information under a promise or agreement of confidentiality made while the news organization or newsperson was engaged in journalism.

Subdivision (b) supplies the core protection: absent the process subdivision (c) describes, no newsperson can be compelled by the Commonwealth or a locality, in a criminal proceeding, to testify about, disclose, or produce protected information. Protected information obtained in violation of that rule cannot be used for any purpose in an administrative or criminal proceeding.

Subdivision (c) sets a demanding four-part test a court must find satisfied — after giving the newsperson notice and an opportunity to be heard — before compelling disclosure: the protected information has to be necessary to prove a material issue, unobtainable from any alternative source, sought only after the government exhausted reasonable methods of getting it elsewhere, and justified by an overriding public interest in disclosure, such as preventing an imminent threat of bodily harm or death, or stopping ongoing bodily harm.

Subdivision (d) protects newspersons from an argument that could otherwise gut the privilege: publishing a story, or otherwise disseminating protected information obtained while engaging in journalism, does not waive the protection against compelled testimony, disclosure, or production that subdivision (b) provides.