§ 90.5015, Fla. Stat. — Journalist’s Privilege
Plain English
Florida gives a professional journalist a qualified privilege not to testify about — or reveal the source of — information gathered while reporting the news. “Professional journalist” is defined narrowly: someone regularly engaged in gathering and publishing news for a living through a news organization (book authors and non-journalists are excluded). The privilege is qualified, not absolute: a party can overcome it only with a clear and specific showing that (a) the information is relevant and material, (b) it can’t be obtained from alternative sources, and (c) a compelling interest requires disclosure. It doesn’t cover physical evidence or eyewitness observations of crimes, and a journalist does not waive it merely by publishing the story.
From the Courtroom
A subpoena aimed at a reporter has to run a three-part gauntlet — material, unavailable elsewhere, and backed by a compelling interest. Most fishing expeditions die on the “alternative sources” prong: if you could have gotten it another way, you don’t get to unmask the source.
Key Points & Authority
- § 90.5015(2), Fla. Stat. — A professional journalist has a qualified privilege over news-gathering information and source identity, overcome only by a clear and specific three-part showing.
- Limits: does not apply to physical evidence or eyewitness observations of crimes; publishing does not waive the privilege (90.5015(4)).
- Federal note: there is no numbered federal counterpart — federal courts recognize a qualified reporter’s privilege through common law under Fed. R. Evid. 501.
Federal Parallel
There is no numbered federal rule. Under Fed. R. Evid. 501, many federal courts recognize a qualified reporter’s privilege as a matter of federal common law, while Florida codifies it expressly in § 90.5015.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) Definitions. “News” means information of public concern relating to local, statewide, national, or worldwide issues or events. A “professional journalist” is a person regularly engaged in collecting, photographing, recording, writing, editing, reporting, or publishing news, for gain or livelihood, who obtained the information sought while working as a salaried employee of, or independent contractor for, a news organization; book authors and others who are not professional journalists are not included.
(2) Privilege. A professional journalist has a qualified privilege not to be a witness concerning, and not to disclose, the information (including the identity of any source) obtained while actively gathering news within the normal scope of employment. It does not apply to physical evidence, eyewitness observations, or visual/audio recording of crimes. A party seeking to overcome the privilege must make a clear and specific showing that: (a) the information is relevant and material to unresolved issues raised in the proceeding; (b) the information cannot be obtained from alternative sources; and (c) a compelling interest exists for requiring disclosure.
(3)–(4) A court orders disclosure only of the portion for which the showing is made, supported by clear and specific findings after a hearing; and a journalist does not waive the privilege by publishing or broadcasting information.
(6)–(7) The statute also provides for authentication of a journalist’s records by affidavit, with the court free to decline evidence where authenticity or accuracy is in clear and convincing doubt.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.5015 gives a professional journalist a qualified privilege over news-gathering information and source identity, overcome only by a clear and specific showing of materiality, unavailability from other sources, and a compelling interest; publishing does not waive it.