Thursday, December 8, 2011

Mahkamah Oregon putuskan Ber`blog' bukan Kewartawanan

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Oregon Court Rules Blogging Isn’t Journalism
By Graeme McMillan | @graemem | December 7, 2011 | 1

Finally, all of my fears about the legitimacy of my chosen career have paid off with the news that a federal judge in Portland, Oregon–the very city in which I live!–has ruled that blogging does not, in fact, equal journalism, and that bloggers are not necessarily deserving of the moral and legal protections that “real” journalists are given.

Judge Marco Hernandez has ruled against Chrystal Cox, who describes herself as an “Investigative Blogger Exposing Corruption“, in a defamation case brought by the Obsidian Finance Group. Citing a confidential source as the starting point for the claims she had made, Cox believed that she was protected by Oregon’s Shield Law, which allows for journalists’ anonymous sources to keep their anonymity. Judge Hernandez, however, disagreed.

(MORE: How the Internet Evolves to Overcome Censorship)

Hernandez ruled that the Shield Law is limited to traditional media (broadcast news, newspapers and magazines), adding that Cox has failed to show that she has any evidence of an education in journalism or “any credential of proof of any affliliation with a recognized news entity.” As a result, she now faces a potential $2.5 million judgment and, unsurprisingly, plans to appeal.

This is the second ruling in recent months that complicates the issue of digital journalism and anonymity; in June, the New Jersey Supreme Court ruled that online discussion forum postings by journalists are similarly not covered by that state’s Shield Law. The solution is clear: Don’t say anything online that you’re not willing to defend in court… but if you have a chance to attribute statements blindly in print or television, go crazy.

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bujai said...


i agree. blogging is not journalism. in fact, i have written about it a few times.

blogs are personal domain. if journalism have its standard ethic to follow, blogging has no limitation and is bound to break all rules, including its moral barrier if the blog owner abuses it.

so, bloggers can't but to accept any legal implication should they crush that limit.

journalists are well-trained on the DOs and DONTs, bloggers are not. if you read blogs owned by bloggers, you will note the difference between theirs and the rest.

tq bro

Jas Salleh said...

Waaahh mujurlah kita tak duduk kt USA
yea tak bro ?
Lagipun USA bukan negara Komanwel dan kita puntakde Shiled Law melainkan Whistleblower Act ... :)
Dan Perkara 10 Perlembagaan

Tun Faisal Ismail bin Aziz said...

yup bujai,

agreed fully wt you. Can differentiate both clearly; even when the journalist becomes a blogger, we can always spot the difference between him, the journo-blogger and the non-journo blogger :)

Tun Faisal Ismail bin Aziz said...

ya Jas,

nasib baik, tp kita masih juga kena beringat sebab nasib kita tak selalunya baik bro :)

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