Blogging and jail!

Is blogging the same as journalism?

There is a very interesting Post on the Blog TechCrunch.  Let me quote a little from that Post:

Last week two bloggers, Steven Frischling and Chris Elliot, were visited by TSA agents and threatened with jail time if they did not reveal their source of the TSA Travel Directive that they each published shortly after the attempted terrorist attack on Christmas day. Frischling caved immediately and handed over his computer. Elliot did not. Since then the Department of Homeland Security has dropped the subpoenas, but there is a bigger issue here. The protection of sources is a cornerstone of our freedom of speech.As bloggers, we have a duty of confidentiality to our sources. And that means keeping information confidential even if threatened with the tyranny of government. And even if the legislatures and courts haven’t decided that as bloggers we have real rights protecting us from that tyranny.

I’ll never be surprised by a tyrannical government. In a sense, it’s their job. It’s our job as bloggers to stand up to that tyranny, even if our liberty has been threatened. Journalists have gone to jail rather than disclose their sources. If bloggers want the same level of respect, and protection from government by the courts, they need to stand up for what’s right.


This maybe a much more complex issue than just “protection of sources”.  Let’s review the sort of obligations that journalists have, courtesy of WikiPedia.

The elements of journalism

According to The Elements of Journalism, a book by Bill Kovach and Tom Rosenstiel, there are nine elements of journalism. In order for a journalist to fulfill their duty of providing the people with the information they need to be free and self-governing. They must follow these guidelines:

  1. Journalism’s first obligation is to the truth.
  2. Its first loyalty is to the citizens.
  3. Its essence is discipline of verification.
  4. Its practitioners must maintain an independence from those they cover.
  5. It must serve as an independent monitor of power.
  6. It must provide a forum for public criticism and compromise.
  7. It must strive to make the significant interesting, and relevant.
  8. It must keep the news comprehensive and proportional.
  9. Its practitioners must be allowed to exercise their personal conscience.

In the April 2007 edition of the book, they have added one additional element, the rights and responsibilities of citizens to make it a total of ten elements of journalism.

Later on in that same WikiPedia reference there is reference to the issues of protection of sources:

Right to protect confidentiality of sources

Journalists’ interaction with sources sometimes involves confidentiality, an extension of freedom of the press giving journalists a legal protection to keep the identity of a source private even when demanded by police or prosecutors; withholding sources can land journalists in contempt of court, or in jail.

The scope of rights granted to journalists varies from nation to nation; in the United Kingdom, for example, the government has had more legal rights to protect what it considers sensitive information, and to force journalists to reveal the sources of leaked information, than the United States. Other nations, particularly Zimbabwe and the People’s Republic of China, have a reputation of persecuting journalists, both domestic and foreign.

In the United States, there has never been a right to protect sources in a federal court. Some states provide varying degrees of such protection. However, federal courts will refuse to force journalists to reveal sources, unless the information the court seeks is highly relevant to the case, and there’s no other way to get it. Journalists, like all citizens, who refuse to testify even when ordered to can be found in contempt of court and fined or jailed.

Thus the rights of protection of source would seem to be associated with the responsibilities of reporting as a journalist.

Most people would probably conclude, if they were to think about it, that Blogging is not the same as Journalism.  But, of course, there are some Blogs that perform a reporting service that is very close to journalism.

As we see more and more people depend on the Internet for informed views about the country they live in, this will be an issue that is going to keep coming up.  It will be interesting to see how it develops.

By Paul Handover

P.S. two other relevant and interesting references on WikiPedia are here and here.

2 thoughts on “Blogging and jail!

  1. That’s remarkable and very troubling. I can’t imagine how it would be different from journalism. The only distinction for blogging is the delivery mechanism – via the internet. But you never know with laws and courts and judges…there may be some precedent based strictly on delivery mechanism that someone will dig up and try to apply to blogging. There’s been a hearty legal debate about copyright infringement and intellectual property issues related to bloggers using or reposting AP wire stories and such… here’s a link….http://www.outsidethebeltway.com/archives/ap_to_sue_google_news_blogs_someone/ ….oops! Wonder if I’m in trouble for posting that???!!!

    Like

  2. Hi Sherry, inclined to agree but there does remain some differences between journalism and blogging. As a card-carrying journalist of many years ago, one was required to comply with the guidelines, much as they are set out in the Post.

    There are no such guidelines in Blogging although a voluntary compliance, as I think we try to achieve on Learning from Dogs, would only be good for all.

    Thus if a Blog site sets out to operate within such a framework then that site should also enjoy proportional rights including the protection of sources.

    Like

Leave a reply to Sherry Jarrell Cancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.