Why can&#39;t newspapers be held liable for publishing information given to them in violation of an NDA?
<p>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?</p>

<p>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.</p>

<p>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.</p>

<p>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.)</p>

united-states non-disclosure