In the United States, information that is protected by non-disclosure agreements (NDAs) are more and more frequently appearing in newspapers and news publications. Why can't the news publication be held liable for the disclosure of that information?

1 Answer 1


Depends on the specific terms in the NDA, but the short answer is that the News Services didn't sign the NDA, and have no contractual obligation to keep mum.

Most NDA's I've signed or had others sign are very clear about the personal liability, and the conditions under which the proprietary intellectual property can be discussed.

In the case of leaks, the injured party would have to identify the leaker, and that person would be liable. (Still a difficult proposition b/c most reporters won't give up sources unless you drag them in front of a Grand Jury, and often not even then.)

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