Bill
H 158
Idaho H 158 creates a shield protecting journalists from being forced to disclose sources or unpublished notes, with narrow exceptions for national security or imminent harm.
Overview
- Purpose: Establish a media source confidentiality shield to protect journalists’ ability to gather and publish information without being forced to disclose sources or unpublished notes, with limited exceptions.
- Status: Signed by the Governor on March 27, 2025; Chapter 184; effective July 1, 2025.
- Primary focus: Privacy and protection of journalists’ sources in newspapers, digital outlets, radio, and television.
What the bill does
- Adds a new Section 9-714 to Idaho Code, Chapter 7, Title 9 (Production of Evidence) to create a shield law for media source confidentiality.
- Prohibits compelling a person engaged in journalistic activities to disclose:
- the source of any information procured or obtained and published in a newspaper, print publication, digital news outlet, or by a radio/television station with which the person is engaged or connected; and
- unpublished information, notes, or communications obtained or created during newsgathering.
- Exceptions: The confidentiality is waived only as required by law in cases involving national security or imminent physical harm.
Who is covered
- “Persons engaged in journalistic activities” connected to:
- Newspapers and print publications
- Digital news outlets
- Radio or television broadcasting stations
- Coverage extends to individuals who are employed, engaged, or connected with these media entities.
Key provisions and protections
- Source confidentiality is a protective shield in both court proceedings and jury deliberations for disclosed information and the origin of information.
- Unpublished materials obtained during newsgathering are protected, with a narrow statutory exception limited to national security or imminent physical harm.
Exceptions and limitations
- National security and imminent physical harm are explicit, legally mandated exceptions where disclosure may be compelled.
- The bill states that disclosure is not required beyond what is mandated by law; other existing legal mechanisms may still apply where not explicitly carved out by this shield.
Procedural and timeline notes
- Emergency provision: The act declares an emergency and becomes fully effective on July 1, 2025.
- Legislative path: Introduced February 6, 2025; progressed through standard readings and committees; signed into law by the Governor in March 2025.
Fiscal impact
- No anticipated change in state or local revenue or expenditures; no fiscal impact expected.
Impact considerations
- Strengthens journalistic protections in Idaho by creating a clear shield for sources and private notes related to reported information.
- Balances press freedom with narrowly tailored exceptions for national security and imminent harm.
- Could affect legal proceedings by providing strengthened grounds for journalists to resist disclosure requests, subject to existing law and the stated exceptions.
Compiled from official sources — confirm details with the bill’s official record.
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