I. Introduction: History & Background

Indiana has a strong shield law that provides an absolute and unqualified privilege protecting reporters from revealing sources of information obtained in the course of newsgathering, whether or not that information was published or broadcast. See Ind. Code §§ 34-46-4-1, 34-46-4-2. It is important to note, however, that this privilege applies only to state related matters. It does not apply to federal matters such as federal grand jury investigations, or cases in federal court involving federal issues. The shield law privilege belongs to the newsgatherer and is absolute. Indiana courts have not yet resolved whether the shield law protects nonconfidential source material.

As for other privilges, the Indiana Supreme Court has rejected the press's argument that a separate qualified newsgather's privilege exists under the free press provisions of the U.S. and state constitutions, to withhold raw materials such as video or other broadcast interviews of reporters subpoenaed in criminal matters. In re WTHR-TV (State v. Cline), 693 N.E.2d 1 (Ind. 1998). The new standard as announced in WTHR-TV is that the First Amendment does not require a special showing of need and relevance beyond those imposed under normal discovery procedures when information in a criminal case is demanded from a reporter. Thus, in these situations, you need to look to the Indiana Rules of Trial Procedure. It is yet unclear, after In re WTHR-TV, whether a Court of Appeals opinion recognizing a First Amendment privilege in civil cases is still valid. See In re Stearns (Vollmer v. Zulka), 489 N.E.2d 146 (Ind. App. 1986).