Preserving the free flow of information

OLYMPIA – Affirming the unique relationship between a newspaper or broadcast reporter and a source of information, the Senate today passed legislation to protect the source from disclosure.

Senate Bill 5358, sponsored by Sen. Adam Kline, D-Seattle, grants a very narrowly drawn absolute privilege to protect the identity of the source.

“The scales of justice need to stay balanced,” Kline said. “Often the free flow of information depends on the source’s expectation of privacy.”

Under current law, a reporter or journalist can be compelled by a court to disclose confidential sources and information he or she has obtained during the process of gathering news. Washington courts have ruled in favor of a qualified protection, based on the First Amendment and common law. SB 5358 grants absolute privilege only against disclosing a source. Notes and other work materials remain a qualified protection, subject to a judge’s decision.

“When whistleblowers alert us to serious problems in government and industry, they need to know that their expectation of privacy will be upheld,” Kline said. “This bill ensures that reporters can’t be threatened into revealing their sources.”

SB 5358 now goes to the House of Representatives for further consideration.

Return to Sen. Kline's home page