Federal Reporter Shield Law Bolsters First Amendment Protection of Confidential Sources and Solidifies Rights of Online Journalists
Model portraying journalist. Photos.comClarifies Role of Journalist
A new National “media-shield bill” went to the full Senate on a 14-5 vote. The law would add or clarify the protections granted under the First Amendment and various state reporter shield laws. The new law extends the definition of journalist to include bloggers and citizen journalists.
Protection of Sources
The bill bolsters protection of sources—already, in principle protected—but does not go as far as to give journalists total authority, stopping short of sources involved in some national-security cases. This softening of protection was expected after concerns expressed among the intelligence community, relating to leaks of important national security information.
Broad Definition of Journalist Includes Blog Journalists
Like most state reporter shield statutes—and past decisions concerning the First Amendment tested in courts—the new bill included a sweeping definition of a journalist, which included bloggers, citizen journalists and freelancers. This was expected and important as the news industry continues to evolve against a climate of newspaper and broadcast bankruptcies and the growing popularity of online news publications.
Definition of Reporter
Only the nature of activity—not the organization—defines the reporter. This has been tested in various First Amendment court cases.
Legislation Supported by Journalists and Associations
The legislation received almost universal support from journalists and their organizations, after the compromise was made to accommodate the intelligence community.
Apart from cases involving national security, the test to determine the reporter’s right to protect sources and unpublished information was solely based on a federal judge’s ruling on the public’s right to know versus National Security. The government would have to prove that the source’s identity was necessary to prevent substantial harm to Security.
For Criminal Cases
Although the protection is broad for sources, in the case of Criminal cases, the challenge would be tested on the value of guarding the anonymity of sources (public’s right to know) versus the public interest. In a test of the value, the prosecution would likely have to show that they have exhausted every other means to obtain the information. There is an exception, if the prosecutors prove to a judge that disclosure would stop a sex crime against a child.
Protection applies not only to journalists but to their third-party suppliers to the journalist, shielding phone companies, internet hosts and email providers against actions of the prosecution as much as the journalist.
Changing Face of Journalism
Journalists retain their preeminent role in providing necessary access to information--the public’s right to know. Now, with Internet media more than twice as popular as any other media--including newpapers, print magazines, broadcast—the new Federal law would reinforce the protection of online journalists, bloggers and citizen journalists.
The increasing move of journalists to freelancing or to online reporting, as some traditional media fold or downsize, makes this clarification important, even though past court cases, usually side with online journalists and bloggers.
The Move to Online Journalism
In December, one of Canada’s venerable papers, the Toronto Star, downsized their personnel with severance packages. The National Post, also in Canada, is owned by a company in bankruptcy protection currently. Several newspapers in the U.S. sought protection from creditors, including the LA Times owner Tribune Co. Rocky Mountain News closed. Seattle Post-Intelligencer shifted to a web-only format.
Most daily papers have online editions. More and more reporters are moving to reporting exclusively for online newspapers and wire services.
Credit: Derek Armstrong, Chief Correspondent, Crime Report USA.
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