B. Absolute or qualified privilege

Illinois reporters are entitled to a qualified privilege of confidentiality for any source of information utilized. People v. Pawlaczyk, 189 Ill. 2d 177, 724 N.E.2d 901 (2000). The Statute provides that "no court may compel any person to disclose the source of any information obtained by a reporter" except after application to the court for an order divesting the reporter of the qualified privilege. 735 ILCS 5/8-901 (2001). The court will not order access to the information unless all other sources for obtaining the information have been exhausted and disclosure of the information sought is essential to the protection of the public interest. 735 ILCS 5/8-907(2) (2001). Although the plain language of Section 8-907 reflects an intent to protect reporters, the Statute does not constitute an absolute or automatic ban on calling reporters to testify even if the trial court has complied with the divestment procedures set forth in 735 ILCS 5/8-904 and 735 ILCS 5/8-907. People v. Palacio, 240 Ill. App. 3d 1078, 607 N.E.2d 135 (1993). For example, a reporter cannot claim the benefits of the reporter's privilege if he was subpoenaed to testify in his own divorce case or in a civil case unconnected to his employment in which he was a party. Id.

In Palacio, the court rejected the argument that mere assertion of the privilege made the procedural aspects of the reporter's privilege statute applicable. 240 Ill. App. 3d 1078, 607 N.E.2d 135 (1993). The Statute "is not without its limits; it applies in circumstances in which someone seeks to compel a reporter to disclose the source of any information obtained by the reporter." Id. at 1093-94, 607 N.E.2d at 1384. The court noted the appropriate concern was "about harassment of the press and efforts to disrupt a reporter's relationship with its news sources." Id., 607 N.E.2d at 1384.