Idaho Legislature unanimously passes media shield law bill protecting journalists’ sources

BOISE (Idaho Capital Sun) — Both chambers of the Idaho Legislature — on unanimous, bipartisan votes — passed a bill that would create a media shield law protecting sources who provide confidential information or documents to journalists.

Mirroring the Idaho House’s swift, bipartisan vote of support, the Idaho Senate passed House Bill 158 without debate or opposition Tuesday. 

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Supporters say the bill would help combat frivolous lawsuits, and provide protections similar to whistleblower protections available in existing state and federal laws. 

“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 bill states.

The bill now heads to Idaho Gov. Brad Little for final consideration. 

Idaho is one of 10 states without a journalism shield law, according to the Reporters Committee for Freedom of the Press. 

“In Idaho, there’s been a growing use by the legal system to … in some cases we call ‘weaponize’ these lawsuits,” Sen. Dave Lent, R-Idaho Falls, told the Idaho Senate. “And one that’s become more and more evident is against reporters — to have them or make them reveal their sources. Of course, that has a significant chilling effect on the ability for them and our free press to operate.”

RELATED | A confidential conversation between a reporter and a source was played in court. Why that’s a problem.

Idaho Press Club President Melissa Davlin, who wrote the bill based on laws in Kentucky and Alabama, called it a “great day for journalism in Idaho.”

“Too many Gem State newsrooms have had to spend time and resources fighting subpoenas that would force them to betray their sources’ trust under threat of fines or jail time,” she told the Idaho Capital Sun in a written statement. “The Idaho Press Club is grateful that lawmakers saw the need for this change, and we thank our legislative sponsors for their help getting this to the governor’s desk. Idaho, like the rest of America, needs a strong press corps, and this shield law will help reporters focus on their work instead of costly and stressful legal proceedings.”

When the bill is transmitted to the governor’s desk, he has five days — excluding Sundays — to decide how to act on it. He has three options: He can sign the bill into law, allow it to become law without his signature, or veto it. 

Disclosure: The Idaho Capital Sun’s and EastIdahoNews.com’s journalists are members of the Idaho Press Club.

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