Balancing the scales of justice

OLYMPIA – In a society that values government transparency, the concept of confidentiality may seem out of place. Yet often it is the confidential source of information who reveals the truth others try to hide. That’s the impetus for the state Legislature’s approval of a “reporter’s shield” that affirms the unique relationship between a newspaper or broadcast reporter and a source of information. Gov. Chris Gregoire today signed this measure into law.

“It is imperative that we keep freedom of information free,” said Sen. Adam Kline, D-Seattle. “This bill ensures reporters can’t be threatened into revealing their sources.”

The Senate had previously approved Senate Bill 5358, sponsored by Kline, before agreeing to send its companion measure, House Bill 1366, to the governor for her signature. HB 1366 was sponsored by Rep. Lynn Kessler, D- Hoquiam.

The reporter’s shield law would grant a narrowly drawn absolute privilege to protect the identity of the source. 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. The new law would grant absolute privilege only against disclosing a source. Notes and other work materials would remain a qualified protection, subject to a judge’s decision.

“We depend on whistleblowers to alert us to serious problems in government and industry,” Kline said. “If their expectation of privacy were lost, we’d all suffer.”

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