Blogger Seeks to Protect Sources

April 24, 2009

Yes, as reported in the news the past two days I,  Shellee Hale  (read story here) am the blogger being Sued for defamation regarding a few post I made last year on a forum frequented by members of the adult industry called Oprano.

This is truly a important case as we address the merging of mainstream journalism, blogging, citizen journalism and the credibility of an author and their means of collecting, researching and disseminating news converges on a more popular medium – the Internet.

I believe that I do own the privilege to protect my witnesses statements that supported comments and questions I made online.  More importantly the comments and questions I made to a group on the Oprano Forum with a purpose of continuing to collect information for a story were not intended to defame or slander anyone but asked with the sole purpose of expanding on research I was doing for a story.

I truly believe in the shared media space of the blogging world and journalism online and the importance of a clarification of the laws to meet with the current technological means of delivery of news and information.  The court heard my testimony today.  The  shield privilege is necessary to protect the confidential witnesses I spoke with and I hope that I will prevail in this case.  

A journalist, blogger, or citizen activist researching the facts of a story has a method of gathering information and fact checking the information and to be stifled in the middle of this process by litigation has been a setback for me personally but I believe in my position that the privilege will apply and I should not have to reveal my confidential  sources for the story I was working on.  

Hopefully we will have a favorable opinion in the next couple of months.  I am represented by a team of brilliant New Jersey Attorneys lead by Jeff Pollock, Barry Muller and Joseph Schramm of Fox Rothschild, John Prindiville of Barry & Prindiville and Arizona Attorney Charles Carreon of Online Media Law.

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