The legislature of Victoria has enacted a statutory privilege to protect communications between an informant and a journalist, which came into force on 1 January 2013. Section 126K(1) of the Evidence Act 2008 now provides that ‘if a journalist, in the course of the journalist’s work, has promised an informant not to disclose the informant’s identity, neither the journalist nor his or her employer is compellable to give evidence that would disclose the identity of the informant or enable that identity to be ascertained.’ The privilege may be displaced by a court order if the public interest in disclosure would outweigh protecting the identity of the journalist’s source.

In Canada, privilege for journalist-source communications needs to be established case by case, using the Wigmore criteria; there is no privilege attaching to these communications as a class or category: R v National Post, 2010 SCC 16.

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