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Wednesday May 16, 2012

NJ Supreme Court Clarifies State’s Shield Law

New Jersey Supreme Court seal

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The Supreme Court of NJ has clarified the state’s shield law, that protects reporters from revealing confidential sources.  To qualify for the shield law in NJ, a person must be connected to the “news media,” which includes all traditional news media and several new ones, have the intent to gather or disseminate the news and the  information must have been obtained using “professional news gathering activities.”  The shield doesn’t demand certain credentials or adherence to all journalistic standards.

The clarification was as a result of the recent case, Too Much Media LLC v. Hale.  Certified life coach Shellee Hale conducted most of her business at home, using webcam conversations to interact with them.  After several clients exposed their genitals via the webcam, Hale took to the message boards of Oprano.com, a website dedicated to the “business of porn,” to complain about NJ software company, Too Much Media.  Too Much Media charged Hale with defamation and false light.  Hale  invoked the shield law, refusing to answer questions during her deposition, but both the trial and appellate courts agreed that she did not qualify for the law because of her lack of connection to the “news media.”

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