HOME
          
LATEST STORY
Come work for Nieman Lab
ABOUT                    SUBSCRIBE
Sept. 23, 2009, 11:33 a.m.

Shield law: Definition of “journalist” gets professionalized

Last week, as the Senate Judiciary Committee prepared to vote on a federal shield law, I wrote about the competing definitions of a journalist in the House and Senate versions of the bill. Well, I have bad news on two fronts: The Judiciary Committee didn’t vote on the shield law, but it did adopt an amendment that would exclude amateur journalists from protection.

Previously, the Senate was working with a version of the shield law (S. 448) that defined a journalist in broad terms, focusing on the process and craft of newsgathering. That stood in contrast to the House version (H.R. 985), which passed in March and defines a journalist as someone who gathers news and information “for a substantial portion of the person’s livelihood or for substantial financial gain.”

On Thursday, according to the Reporters Committee for Freedom of the Press, Sen. Chuck Schumer (D-NY) offered an amendment to the Senate version that hews toward the professional definition in the House. Under the amendment, which was adopted by the Senate Judiciary Committee, a journalist is defined as someone who:

(iii) obtains the information sought while working as a salaried employee of, or independent contractor for, an entity—
(I) that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means; and
(II) that—
(aa) publishes a newspaper, book, magazine, or other periodical;
(bb) operates a radio or television broadcast station, network, cable system, or satellite carrier, or a channel or programming service for any such station, network, system, or carrier;
(cc) operates a programming service; or
(dd) operates a news agency or wire service;

As I observed last week, the shield law obviously needs a definition that limits its scope, but the professional definition, which now seems inevitable, would exclude student journalists as well as bloggers with a day job.

POSTED     Sept. 23, 2009, 11:33 a.m.
SHARE THIS STORY
   
Show comments  
Show tags
 
Join the 15,000 who get the freshest future-of-journalism news in our daily email.
Come work for Nieman Lab
We have an opening for a staff writer in our Cambridge newsroom.
The newsonomics of telling your audience what they should do
At WNYC, a public radio station is getting more aggressive about telling people what to do: go vote, get more sleep, stay healthy. What happens when a news outlet starts talking about behavior change?
It’s time to apply for a Nieman Fellowship
It’s a chance to spend a year at Harvard strengthening both journalism and yourself. Application deadlines are approaching soon.
What to read next
686
tweets
Ken Doctor: The New York Times’ financials show the transition to digital accelerating
The numbers may look flat, but they contain a continuing set of ups and downs. Up next: executing on a year’s worth of launches.
496Controlled chaos: As journalism and documentary film converge in digital, what lessons can they share?
Old and new media types from journalism, documentary, and technology backgrounds gathered at MIT to share practices and discuss mutual concerns.
362Here’s some remarkable new data on the power of chat apps like WhatsApp for sharing news stories
At least in certain contexts, WhatsApp is a truly major traffic driver — bigger even than Facebook. Should there be a WhatsApp button on your news site?
These stories are our most popular on Twitter over the past 30 days.
See all our most recent pieces ➚
Fuego is our heat-seeking Twitter bot, tracking the links the future-of-journalism crowd is talking about most on Twitter.
Here are a few of the top links Fuego’s currently watching.   Get the full Fuego ➚
Encyclo is our encyclopedia of the future of news, chronicling the key players in journalism’s evolution.
Here are a few of the entries you’ll find in Encyclo.   Get the full Encyclo ➚
Animal Político
Suck.com
Quora
Houston Chronicle
Voice of San Diego
Tampa Bay Times
Tucson Citizen
Center for Investigative Reporting
Placeblogger
Investigative News Network
Sacramento Press
The Daily