A Note on "Privilege" and Reporting Court Proceedings

It is generally true that news media cannot be successfully sued for publishing (either in print or by broadcasting) what would otherwise be a defamatory statement, even though the statement may have been made maliciously by the speaker or writer, so long as the statement is brought out in the due course of a judicial proceeding, and is reasonably related to that proceeding. Idaho courts recognize that such communications are "privileged" (meaning that they cannot be used as the basis of a defamation or libel suit). A "judicial proceeding" is not restricted to trials, but includes every proceeding of a judicial nature before a court or official clothed with judicial or quasi-judicial power. Reporters who are uncertain about whether this privilege applies to a potentially defamatory statement that they may publish should contact their editors regarding the specific application of the law.