Duane Introduces Room Eight Legislation

State Senator Tom Duane -- responding to this site's battle to keep a blogger's identity from the Bronx District Attorney -- has introduced shield legislation that would give bloggers the same  protection that journalists now have, in terms of the anonymity of sources and -- in our case -- bloggers.

"New York has a proud tradition of having one of the strongest reporter’s shield laws in the country.  I was shocked to discover that in 2008, our law does not provide protections to journalist
bloggers – one of the fastest growing mediums for obtaining news.  This glaring omission must not be allowed to continue," Duane said, citing the Room Eight case.  "This is just one example of journalist bloggers threatened with civil and criminal penalties based solely on the content of their blog.  If we do not enact my legislation, I can guarantee that we will witness more
cases of journalist bloggers facing contempt charges and jail time. This will have a chilling effect on free speech and a blogger’s ability to aggressively report the news.  It is time New York’s shield law reflected the reality of 2008."

How about that!

Here's the full release:

Wednesday, August 13, 2008

SENATOR TOM DUANE INTRODUCES LEGISLATION GRANTING PROTECTIONS TO JOURNALIST BLOGGERS

Albany -- Noting that New York State must keep up with growing technology, Senator Thomas K. Duane (D WFP Manhattan) today announced legislation which would grant protections to journalist bloggers under New York’s reporter’s shield law.  Currently, professional journalists involved with newspapers, magazines, news agencies, press associations, wire services, radio or
television are protected from being charged with contempt of court for failing to disclose any news obtained in confidence or failing to provide the identity of a confidential source.

Senator Duane said, “New York has a proud tradition of having one of the strongest reporter’s shield laws in the country.  I was shocked to discover that in 2008, our law does not provide protections to journalist bloggers – one of the fastest growing mediums for obtaining news.  This glaring omission must not be allowed to continue.”

Senator Duane pointed out that earlier this year a grand jury
subpoena issued by the Bronx District Attorney was sent to the blog Room 8 in an attempt to identify people blogging anonymously on the website.  The subpoena threatened the bloggers not to disclose the existence of the subpoena – or face possible jail time. The subpoena was eventually withdrawn.

“This is just one example of journalist bloggers threatened with
civil and criminal penalties based solely on the content of their blog.  If we do not enact my legislation, I can guarantee that we will witness more cases of journalist bloggers facing contempt charges and jail time,” said Senator Duane, “This will have a chilling effect on free speech and a blogger’s ability to aggressively report the news.  It is time New York’s shield law reflected the reality of 2008.”

The bill is currently pending in the Senate Rules Committee.



Submitted by rwallnerny on Wed, 08/13/2008 - 4:31pm.

This is a good idea but it is going to call into question what exactly defines a "journalist blogger".  Is a "journalist blogger" defined as anyone who types even two words on any blog anywhere expressing an opinion?  Or is a "journalist blogger" defined as a professional journalist, i.e. someone being paid by a news organization or otherwise for their work.  If "professional" is the definition it will greatly limit the scope of the law because most bloggers here and elsewhere, including I assume the one involved in the court case, are blogging on a voluntary basis and not as part of any paid profession.

When is a blogger a journalist and not just a blogger?  I think it is a gray area. 

 


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