Idaho journalism ‘shield law’ clears Senate committee

By Zach Hagadone
Reader Staff

A bill protecting Idaho journalists from being forced to divulge confidential source material is one step closer to Gov. Brad Little’s desk, after members of the Senate Judiciary and Rules Committee voted unanimously March 12 to advance it to the full body with a “do pass” recommendation.

House Bill 158 states, “No person engaged in journalistic activities shall be compelled to disclose in any legal proceeding, trial before any court, or before any jury the source of any information procured or obtained and published in a newspaper, print publication, digital news outlet, or by a radio or television broadcasting station with which the person is engaged or employed or with which the person is connected.”

The legislation further prohibits the forced disclosure of unpublished information, notes or communications “obtained or created through the course of newsgathering activities,” though includes exclusions for instances representing a threat to national security or imminent physical harm.

“I’ve always thought that when it comes to the media, that they had protections in place when it comes to their sources,” Sen. Dave Lent, R-Idaho Falls, told the committee during his introduction of the bill.

Idaho is one of 10 states that do not have a so-called journalism “shield law” in place to protect the confidentiality of sources.

“It’s really about the sources themselves,” said Idaho Press Club President Melissa Davlin, who also serves as lead producer and host of the Idaho Public Television program Idaho Reports.

She said Idaho’s shield law is based on similar legislation in Alabama and Kentucky, both of which have had their protections in place for decades. As in those states, H.B. 158 avoids specifically defining “journalism” or “professional newsrooms.”

“That way this has broader protections for independent and non-traditional journalists,” Davlin said, later adding, “The practice of journalism is the same. It is getting information and getting it out to the public.”

Southern Idaho journalists Don Day and Nate Sunderland also testified about instances when their organizations have been served with subpoenas seeking confidential source material for use in court cases.

“Consider the chilling impact this has on whistleblowers,” Sunderland told the committee, going on to also refer to the effect on victims of crime or abuse and even off-the-record conversations with public officials.

“How many of these people would come forward if they knew all it would take is a subpoena for them to be outed in public?” he said.

H.B. 158 passed unanimously through both the House Judiciary, Rules and Administration Committee and the full House in February. If approved by the Senate, the measure will go to Gov. Brad Little.

“If people become afraid of speaking to the media because of concerns [that] confidential conversations could wind up in court then they won’t talk to the media, and if they don’t talk to the media then they can’t talk to us,” said committee member Sen. Dan Foreman, R-Moscow. “We need the media.”