The U.S. House of Representatives Judiciary Committee yesterday approved an amended version of HR 2102, also known as the Free Flow of Information Act. The purpose of the legislation is to create a federal shield for journalists so they could not be compelled to reveal their sources except in extreme cases, such as emergent national security situations and the like. Advocates of bloggers had fought hard to extend the bill's coverage to the blogosphere, but the amendment passed yesterday might not please everyone who might feel they should be covered.
The bill defines journalism as "gathering, preparing, collecting, photographing, recording, writing, editing, reporting or publishing of news or information that concerns local, national or international events or other matters of public interest for dissemination to the public." By this definition, many bloggers could easily argue that they, too, would be covered if the bill were signed into law. The intention of this language was to get away from the notion that journalism is solely an occupation in which one works for a media entity of some sort, has an editor, etc. Instead, it defines journalism in terms of actions rather than as an occupational status.
Yesterday's voice vote, though, complicates matters a bit for some bloggers. The Bush administration, as well as some members of Congress, expressed concerns that the bill's original language could be used to create an enormous loophole for people engaging in criminal behavior. For example, someone who participated in a crime or assisted a criminal could point to a hastily crafted blog and claim that they were researching a story to obfuscate the fact they were engaging in a criminal enterprise or obstructing the law.
As a compromise, members of Congress decided to refine the definition of who would be covered as a journalist. To be covered, you would have to derive "financial gain or livelihood" from your journalistic activities. In other words, if you could prove that you use your blog to generate income, you would qualify as practicing journalism and thus fall under the shield law. But if you published a blog without any financial benefit, you wouldn't be covered by the law.
I'm not surprised that Congress would offer this up as a compromise. But I also won't be surprised if some advocates of citizen journalism take this compromise as exclusionary, since it favors those bloggers who are in a position - or make the decision - to blog commercially. I would surmise that the vast majority of bloggers make no income from their activities. Granted, many of these same folks would never consider themselves as engaging in acts of journalism, but where does that leave those who do? I know many bloggers who choose to keep their blogs advertising-free so they don't appear to have any conflicts of interest. Does this make their acts of journalism less deserving of protection than those who decide to make money off their blogging activities?
I keep wondering how this provision would apply to me, for example. I wear a variety of blogging hats. I get paid by PBS for my contributions to learning.now, for example, but I don't derive any income from my personal blog. And while not all of my writings on my personal blog qualify as journalism, other posts certainly do. Would I not be covered by this legislation regarding any acts of journalism I conduct for my personal blog?
More generally, will this bill lead to a wave of bloggers adding advertising to their blogs just to be covered? And if all it takes is for a person to derive some income from their blog, even if it's paltry, won't that mean the loophole hasn't really been closed?
This is definitely gonna be an interesting debate. -andy
