2.5 Million Dollar Question: Are Bloggers Journalists?

I’m usually pretty up to date with current events although what appears here on the blog could be any old random thing that pops into my head. For some reason, I had not heard of Crystal Cox but thanks to Twitter I happened upon this post by Blogpreneur which explained that Ms. Cox, blogger extraordinaire, ¹ had been sued for 2.5 million dollars for writing defamatory blog posts about a finance company.

Her argument was that she fancies herself an “investigative journalist” and should therefore have been protected by “media shield law protection” which generally protects journalists from having to disclose sources. Even without looking at Oregon’s Shield Law ² or having any idea what that meant, I retweeted and replied to Blogpreneur’s author, Mac,

“Seems obvious. Bloggers are not journalists.”

He replied: “Christina, true but some bloggers think of themselves Jornos, and act accordingly.”

Really? Some of you actually believe yourselves to be journalists just because you have a blog? Please tell me it ain’t so. If having a blog makes me a journalist than a scissor shall make me…a seamstress. or something…wait how about having a car shall make me a NASCAR driver. (Better, huh?)

Okay, maybe it isn’t that simple. Here is what I know:

Some states do actually have a broad enough shield law that may cover you as a blogger. For instance, Washington’s Shield Law, according to Reuters, includes any “entity that is in the business of news gathering and disseminating news or information to the public by any means”. You could possibly refuse to disclose your sources as a blogger, in Washington.

In Minnesota, it also seems a bit broad and may cover bloggers as well. Minnesota Statute 595.025 covers the forms of defamation and disclosure requirements.

Defamation, in case you weren’t sure, is a false statement that causes a person harm. If you are going to state something in print, on a blog about a person or business, I’d suggest being prepared to disclose sources or proof that what you are saying is accurate. Even journalists can be sued for defamation.

Example:  I can say you are ugly (opinion). I cannot say you had plastic surgery (lie) and if your organic skin care business loses money because of my lie, we have defamation.

If defamation of character sounds familiar to you, it may be because slander and libel are threats that are tossed around quite a bit between feuding family members, neighbors and once upon a time friends. “I’ll sue you for defamation of character” or “You’ll catch a slander lawsuit”. Neither of these are cases that are usually taken seriously because 1) they are difficult to prove and 2) you can’t usually sue your neighbor for 2.5 million dollars so it isn’t worth it.

Proving Defamation, Slander or Libel

Slander is a result of “spoken” defamation; libel is a result of “print” defamation. Slander is difficult to prove because it’s all word of mouth and based on he said/she said accounts. Libel however is easier to prove…especially if it’s printed on a blog for all to read. The company then only has to prove that the act was harmful and loss of revenue is usually sufficient enough of a loss.

It is because of these points that bloggers need to watch what they’re saying (and writing) about people and companies. ³

In short, Crystal Cox made statements regarding the finance company and then did not disclose sources or proof of her statements, which resulted in being sued for defamation. 2.5 million dollars worth of defamation. According to ABC News, Crystal Cox stated “that she can’t pay the fine and gleefully said the defamation case succeeded in giving her accusation more publicity.”

I don’t know about you, but publicity is hardly worth it to me. Besides, I like to know that as a business myself, I am protected against people printing any sort of frivolous information they wish to print.

What do you think? Do bloggers deserve the same protection as journalists? And is this lawsuit a good or bad thing for bloggers?

Note:  I’m not an attorney. I don’t even play one anywhere. If you are currently being sued, you’re an idiot for consulting my blog for help.