Too Much Media, LLC v. Hale - 206 N.J. 209, 20 A.3d 364 (2011)

Rule:

New Jersey's Shield Law, N.J.S.A. §§ 2A:84A-21 to 2A:84A-21.8, provides broad protection to the news media and is not limited to traditional news outlets like newspapers and magazines. But to ensure that the privilege does not apply to every self-appointed newsperson, the legislature requires that other means of disseminating news be "similar" to traditional news sources to qualify for the Shield Law's coverage. The New Jersey Supreme Court does not find that online message boards are similar to the types of news entities listed in the Shield Law, and do not believe that the legislature intended to provide an absolute privilege in defamation cases to people who post comments on message boards.

Facts:

Defendant Shellee Hale posted comments regarding the criminal activity within the adult entertainment industry on other sites’ message boards. One of the message boards, Oprano, provided an online platform for people to post unfiltered comments relating to the industry. Most of the content of Oprano was open to anyone with Internet access. In late 2007, defendant’s investigation focused on reports of a security breach of the NATS database, a software manufactured by plaintiff Too Much Media, LLC, and its principals (collectively, "TMM"). Defendant claimed that she conducted a detailed probe of the breach, including talking with sources on a confidential basis. She posted multiple entries on Oprano’s message board suggesting that TMM had violated New Jersey law, had profited from the breach, and its principals had threatened people who questioned their conduct, including one of her confidential sources. TMM filed a complaint against defendant alleging defamation and false light. TMM sought to depose defendant during discovery. Subsequently, defendant moved for a protective order, asserting that she was a reporter entitled to the protections of New Jersey's Shield Law, N.J.S.A. 2A:84A-21 to -21.8—a statute that allowed news reporters to protect the confidentiality of sources and news or information gathered during the course of their work. The trial court concluded that defendant did not qualify for protection under the Shield Law, which was affirmed by the Appellate Division. Defendant appealed.

Issue:

Did the newsperson’s privilege extend to a self-described journalist who posted comments on an Internet message board?

Answer:

No.

Conclusion:

The high court held that although the Shield Law allowed news reporters to protect the confidentiality of sources and information gathered through their work, online message boards were not similar to the types of news entities listed in the statute. The Court noted that while the Legislature accommodated new electronic means of communicating news, it linked them to traditional media outlets with "similar" means of disseminating news. The language used by the Legislature revealed that it did not extend the privilege to all people who proclaim they were journalists. Instead, it required that they have some nexus to "news media." In essence, online message boards were little more than forums for discussion; they were not the functional equivalent of the types of news media outlets outlined in the Shield Law. Therefore, the Court concluded that the defendant was not entitled to claim the privilege.