Yeah Disclosure.. We Are JOURNALISTS As Well as Bloggers
this disclosure is sponsored by the US Supreme Court :
A three-judge appellate panel upheld the lower-court ruling(.pdf) on Friday, saying that merely claiming one is a reporter or journalist is not sufficient to gain protection under the shield law.
In order to receive the protection privilege, a blogger must be “actively affiliated with and engaged in any of the ‘aspects of the news process,’” the court noted, quoting the state law.
Which means you can “produce notes of conversations, meetings or interviews with contacts or sources,” the court finds that producing news, evidence shows more than merely assembling the writings and postings of others for a website.
We have to demonstrate an “adherenece to any standard of professional responsibility,” such as editing or fact-checking, and we do identify ourselves as journalists to people we speak with and assure them if necessary, that their identity will remain confidential; as this is “a key factor in the application of the newsperson’s privilege.
The decision to disclose today, is due to the second state appellate case to examine whether a blogger should have the same protection as a traditional journalist. In 2004, Apple filed a complaint alleging that Apple Insider and another blog operated by Jason O’Grady had illegally obtained and published trade secrets about an upcoming product. Apple sought to obtain e-mail that would help determine the identity of the blogger’s source.
This weekend the California State Police served and executed a False Warrant on the home of Gizmodo’s Jason Chen. following that action, realizing that we have contact with confidential information and sources – we are hereby disclosing our status as Journalists.
This Posting Clarifies any grey areas in our coverages and publications.
Related articles by Zemanta
- Would-Be News Blogger Must Disclose Sources, Court Rules (wired.com)
- Explaining The Shield Law Gizmodo Is Using In Their Search-And-Seize Case (businessinsider.com)
- Gizmodo About To Prove How Stupid Shield Laws Are? (oliverwillis.com)
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