A Montana Blogger was sued for defamation by an attorney and an Oregon federal judge ruled that she was not a journalist and therefore not protected by the same law
s afforded to mainstream reporters, according to a story by the AP published this week.
According to the story, Eureka, Mont. blogger Crystal L. Cox (www.crystallcox.com) posted a story on her blog claiming that that Oregon lawyer Kevin Padrick was a thug and a thief who acted criminally during bankruptcy proceedings. Padrick sued Cox for defamation and U.S. District Judge Marco Hernandez found that Cox was not a journalist and therefore did not have the same protections mainstream journalists enjoy.
The article by Jeff Barnard said that though “…the ruling would have little effect on the definition of journalism, it casts a shadow on those who work in nontraditional media since it highlights the lack of case law that could protect them and the fact that current state shield laws for journalists are not covering recent developments in online media.”
So what should bloggers do? Six things -
Number one: don’t defame anyone. Write your story in a way that does not include defamatory language, insults or slander. Use unambiguous language to tell the story. Leave conclusions to your readers.
Number two: Find out what the shield laws are in your state. That advice was part of the AP story with a quote by Lucy Dalglish, executive director of The Reporters Committee for Freedom of the Press: “My advice to bloggers operating in the state of Oregon is lobby to get your shield law improved so bloggers are covered, but do not expect the shield law to provide you a defense in a libel case where you want to rely on an anonymous source for that information.”
Number three: Get some kind of official affiliation with a legitimate news entity. According to the story, “The judge ruled that Cox was not protected by Oregon’s shield law from having to produce sources, saying even though Cox defines herself as media, she was not affiliated with any mainstream outlet.” The problem here is defining what is legitimate. I wonder if Cox would have been covered if she had posted her blogs on YourNews.com or Examiner.com, neither of which have editorial staffs that fact check articles or assign journalists, yet are significant disseminators of news.
Number four: Get some kind of professional qualification. The judge also claimed that Cox was not a journalist because she offered “no professional qualifications as a journalist…” At least take a journalism 101 course at your local community college or better yet, join the National Association of Citizen Journalists. However, even an education or certification will not protect you against acts of slander and libel.
Number five: Tell the whole story. The judge also claimed that Cox was not a journalist because she offered no proof of adhering to journalistic standards such as editing or checking her facts, evidence she produced an independent product or evidence she ever tried to get both sides of the story.” Most bloggers are advocacy journalists rather than straight-news journalists. My view is that a good advocacy journalist is not afraid to tell both sides of a story even if it discomforts what or for whom they advocate.
Number six: Write good stuff; quantity does not trump quality. Cox is no once-in-a-blue-moon blogger. She calls herself an investigative blogger and has produced more than 400 blogs over the years. She argued to the judge that she was a part of the mainstream media because her blog gets noticed by search engines. It’s true, her blog does get noticed. I Googled her name and it came up first! But just because you write a lot of blogs and get noticed by Google and Bing does not make you a journalist, and it certainly does not mean you can say anything you want about anybody and not suffer the consequences.
In the end this one decision probably will not have much impact on citizen journalists in the USA, though it does point out that citizen journalists need to follow the long accepted ethics and standards of journalism if they want to be respected by readers and protected by shield laws.
My co-author, Susan Carson Cormier, and I have a whole chapter in our book, “Handbook for Citizen Journalists,” on core values to deal with this very issue.