Qualified privilege

A qualified privilege balances the journalist's interest in confidentiality with the interest of the party seeking the reporter's evidence. A qualified privilege can be overcome if the opposing interest is sufficiently important. To overcome a qualified privilege, the party will generally have to show that the information in the reporter's possession is essential to the case, that it goes to the heart of the matter before the court and that it cannot be obtained from an alternative, non-journalist source.

Reporter's testimony wrongly excluded, Eighth Circuit rules

Chris Healy | Reporter's Privilege | Feature | January 4, 2012
Feature
January 4, 2012

The court could have compelled a reporter to testify as a witness in a patient's lawsuit against her plastic surgeons who handed over her partially nude photographs to a Missouri newspaper, a federal court of appeals has ruled.