What Are Journalism Shield Laws?
The term “shield law” refers to legislation aimed at protecting sources or information from the public. In the case of journalism, there are no federal shield laws (although several bills have been introduced, with one even passing the House of Representatives) protecting journalists from having to reveal their sources.Some states have, however, adopted varying degrees of laws, and in 2007, six more states introduced legislation at state-level to address the “free flow of information” and journalistic protections.
A shield law generally forbids forcing a reporter to divulge certain information either by subpoena or other court order. That is, they cannot be forced to testify about information reported in a news story and/or the source of that information. But shield laws are not simple and often have other factors that, depending upon the jurisdiction, may be considered by the courts, including:
- Is the source and/or information revealed during the distribution of the news story confidential?
- Is the privilege to silence total or qualified?
- Does the reporter meet standards laid out by the courts for “traditional journalism?”
- Does the law apply to other persons involved in the news-gathering and/or distribution (i.e., editor or publisher)?
Are Bloggers Protected by Journalism Shield Laws?
In most cases, no.
Just ask Josh. In 2006, a then 24-year-old video blogger, Josh Wolf, was incarcerated in federal prison for 7-1/2 months for refusing to give up video footage of an anarchist protest (U.S. vs. Josh Wolf Case CR-06 90064). His jail time was the longest on record for imprisonment over refusing to divulge news-related information. Josh was released on April 3, 2007, but only after turning over the video sought by prosecutors under condition the sources he divulged would not be identified.
Of the states that do have shield laws, so far these laws are being interpreted for the most part, as being applicable to journalists in the traditional formal sense. Blog reporters can, and almost always are, excluded from shield laws. For a blogger to claim rights under shield law, they would have to meet the standards laid out by the courts for “traditional journalism,” and various states and courts may interpret shield laws differently.
All Shield Laws Have Limitations
Some states with shield laws limit the privilege to specifically to print media, which automatically precludes all bloggers from protection. Other states rely more on editorial control factors. For example, did you qualify sources and check facts?
How Can Bloggers Protect Themselves From Having to Reveal Sources?
- Check your own state’s shield laws. Never assume, even when your state has laws, that bloggers are protected – or, even if they are, that your blog reporting will be protected. In fact, for the most part, it is safer to assume as a blog reporter that you are not protected.
- Behave like a professional “print” journalist. Report facts, not opinions on your blog, and be sure to thoroughly check your sources and facts. If you publish something incorrectly, be sure to go back and make corrections and apologies publicly as well.
- When using other published sources, be sure to cite them thoroughly, and accurately.
