Nj Courts Online

N.J. Supreme Court says blogger not protected from revealing her sources

TRENTON —New Jersey’s legal protections allowing journalists to keep their sources secret do not apply to those who post to online message boards, the state Supreme Court ruled Tuesday.

The court, clarifying an area of law that has not kept up with advances on the internet, said bloggers must have some connection to "news media" to invoke New Jersey’s shield law protecting journalists from revealing their confidential sources.

"To ensure that the privilege does not apply to every self-appointed newsperson, the legislature requires that other means of disseminating news be ‘similar’ to traditional news sources to qualify for the law’s coverage," Chief Justice Stuart Rabner wrote for the 5-0 court. "We do not find that online message boards are similar to the types of news entities listed in the statute ..."

The long-awaited decision, which included arguments from media groups and the state ACLU, overturned part of an appellate court ruling that would have established stricter criteria for journalists to qualify for the protection.

"This is just a beginning to this conversation," said Bruce Rosen, a Florham Park attorney representing the New Jersey Press Association. "This conversation is going to go on for years, but it’s a good place to start."

Courts have already ruled people can be sued for comments they post on message boards, but this case addressed what protections "nontraditional" media have in an era when newspapers, magazines, television and radio are no longer the only sources of news.

The ruling was made in the case of a blogger from Washington State who posted alleged defamatory statements about a Marlboro-based software company.

In comments she posted to a message board about an online security breach, Shellee Hale claimed Too Much Media LLC’s owners had threatened her sources and failed to report the breach because they profited from the stolen email addresses. TMM, which helps online adult entertainment companies track sales, sued for defamation and Hale sought protection of shield law.

A former Microsoft employee and a private investigator, Hale argued she was preparing an article for her website, Pornafia.com , about the infiltration of pornography on the internet when she posted her comments about TMM in 2008.

TMM argued Hale is not a journalist and fabricated the purpose of her website to seek the protection.

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