Journalists enjoy certain legal protections. One is the Shield Law. The Shield Law protects journalists from forced disclosure of confidential sources of information.
Many bloggers consider themselves journalists – individuals who report, write, edit, photograph or broadcasts news. Are they protected by the Shield Law or, is the law extended only to accredited reporters from news organizations?
Forty states and the District of Columbia uphold the Shield Law which varies from state to state.
In August 2011, TechnoBuffalo.com, an Irvine, California-based website published from an anonymous source, a report that contained photos of Motorola’s new Droid Bionic phone. Legal action was then taken against TechnoBuffalo.com by JohnsByrne, a printing company located in Niles, Illinois. Hired by Motorola, JohnsBryne asked that TechnoBuffalo be ordered to disclose the name of the source that provided the image.
In January 2012, the judge ruled that TechnoBuffalo.com did not meet the standards in the state media privilege law, which protects journalists who refuse to disclose their confidential sources. TechnoBuffalo.com was ordered to turn over the information.
TechnoBuffalo.com then filed a motion asking the judge to reconsider and in a surprising development, the judge reversed his initial decision.
As social media begins to evolve, there will be more cases similar to that of TechnoBuffalo.com’s. The courts will continue to receive new media cases.
We are treading on new territory. With it will come opportunities to re-write the law books.