Unpaid bloggers not protected by Shield Law

By Andrew LaVallee

A recent amendment to the federal shield bill being considered in the Senate will exclude non-”salaried” journalists and bloggers from the proposed law’s protections.

Associated Press

Sen. Charles Schumer

The law, called the Free Flow of Information Act, is intended to prevent journalists from being forced to divulge confidential sources, except in cases such as witnessing crimes or acts of terrorism. The amendment, introduced by Sen. Charles Schumer (D., N.Y.) last week, limits the definition of a journalist to one who “obtains the information sought while working as a salaried employee of, or independent contractor for, an entity–

a. that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means; and

b. that—
1. publishes a newspaper, book, magazine, or other periodical;
2. operates a radio or television broadcast station, network, cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier;
3. operates a programming service; or
4. operates a news agency or wire service.”

Journalism organizations noted the narrower scope of the bill, which appears to exclude journalists and bloggers who are not paid for their work by a separate entity. “The amendment is a sharp departure from Schumer’s previously preferred definition, which focused on the covered person’s engagement in the practice of journalism rather than employment status,” wrote Cristina Abello, a legal fellow at the nonprofit Reporters Committee for Freedom of the Press.

Nieman Journalism Lab’s Zachary M. Seward, who previously noted the House’s different definition of journalist, also expressed concern. “The shield law obviously needs a definition that limits its scope, but the professional definition, which now seems inevitable, would exclude student journalists as well as bloggers with a day job,” he wrote.

It’s not over yet: The Senate Judiciary Committee delayed its vote amid concerns from both Republicans and Democrats.

via blogs.wsj.com

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