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Illinois Compiled Statutes
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CIVIL PROCEDURE (735 ILCS 5/) Code of Civil Procedure. 735 ILCS 5/Art. VIII Pt. 9
(735 ILCS 5/Art. VIII Pt. 9 heading)
Part 9.
Reporter's Privilege
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735 ILCS 5/8-901
(735 ILCS 5/8-901) (from Ch. 110, par. 8-901)
Sec. 8-901.
Source of information.
No court may compel any person to
disclose the source of any information obtained by a reporter except as
provided in Part 9 of Article VIII of this Act.
(Source: P.A. 84-398.)
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735 ILCS 5/8-902
(735 ILCS 5/8-902) (from Ch. 110, par. 8-902)
Sec. 8-902.
Definitions.
As used in this Act:
(a) "Reporter" means any person regularly engaged in the business of
collecting, writing or editing news for publication through a news
medium on a full-time or part-time basis; and includes any person who
was a reporter at the time the information sought was procured or obtained.
(b) "News medium" means any newspaper or other periodical issued at
regular intervals whether in print or electronic format and having a
general circulation; a news service whether in print or electronic format;
a radio station; a television station; a television network; a community
antenna television
service; and any person or corporation engaged in the making of news
reels or other motion picture news for public showing.
(c) "Source" means the person or means from or through which the news
or information was obtained.
(Source: P.A. 92-335, eff. 8-10-01.)
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735 ILCS 5/8-903
(735 ILCS 5/8-903) (from Ch. 110, par. 8-903)
Sec. 8-903.
Application to court.
(a)
In any case, except a libel or slander case, where a person claims the
privilege conferred by Part 9 of Article VIII of this
Act, the person or party, body or officer seeking the information so
privileged may apply in writing to the circuit court serving the county
where the hearing, action or proceeding in which the information is
sought for an order divesting the person named therein of such privilege
and ordering him or her to disclose his or her source of the information.
(b) In libel or slander cases where a person claims the privilege
conferred by Part 9 of Article VIII of this Act, the plaintiff may apply in
writing to the court for an order divesting the person named therein of
such privilege and ordering him or her to disclose his or her source of
information.
(Source: P.A. 84-398.)
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735 ILCS 5/8-904
(735 ILCS 5/8-904) (from Ch. 110, par. 8-904)
Sec. 8-904.
Contents of application.
The application provided in Section 8-903 of this Act shall allege: the
name of the reporter and of the news medium with which he or she was connected
at the time the information sought was obtained; the specific information
sought and its relevancy to the proceedings; and, either, a specific
public interest which would be adversely affected if the factual
information sought were not disclosed, or, in libel or slander cases, the
necessity of disclosure of the information sought to the proof of
plaintiff's case. Additionally, in libel or slander cases, the plaintiff must
include in the application provided in Section 8-903 a prima facie showing
of falsity of the alleged defamation and actual harm or injury due to the
alleged defamation.
(Source: P.A. 84-398.)
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735 ILCS 5/8-905
(735 ILCS 5/8-905) (from Ch. 110, par. 8-905)
Sec. 8-905.
Civil Proceeding.
All proceedings in connection with obtaining
an adjudication upon the
application not otherwise provided in Part 9 of Article VIII of this Act
shall be as in other civil cases.
(Source: P.A. 82-280.)
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735 ILCS 5/8-906
(735 ILCS 5/8-906) (from Ch. 110, par. 8-906)
Sec. 8-906.
Consideration by court.
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.
(Source: P.A. 83-707.)
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735 ILCS 5/8-907
(735 ILCS 5/8-907) (from Ch. 110, par. 8-907)
Sec. 8-907.
Court's findings.
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
(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.
(Source: P.A. 84-398.)
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735 ILCS 5/8-908
(735 ILCS 5/8-908) (from Ch. 110, par. 8-908)
Sec. 8-908.
Privilege continues during pendency of appeal.
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.
(Source: P.A. 83-707.)
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735 ILCS 5/8-909
(735 ILCS 5/8-909) (from Ch. 110, par. 8-909)
Sec. 8-909.
Contempt.
A person refusing to testify or otherwise comply
with the order to
disclose the source of the information as specified in such order, after
such order becomes final, may be adjudged in contempt of court and
punished accordingly.
(Source: P.A. 82-280.)
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