The co-sponsor of the proposed federal shield law, Sen. Richard Lugar, told the General Assembly of the Inter American Press Association today that bloggers probably will not be considered 'journalists' under the Free Flow of Information Act. According to
Editor and Publisher:
"As to who is a reporter, this will be a subject of debate as this bill goes farther along," [Lugar] said in response to a question from Washington Post Deputy Managing Editor Milton Coleman. "Are bloggers journalists or some of the commercial businesses that you here would probably not consider real journalists? Probably not, but how do you determine who will be included in this bill?"
If the bill's co-sponsor doesn't know, then how are the rest of us to figure it out?
According to the first draft of the Free Flow of Information Act of 2005, the "covered person" protected by the bill's terms includes "any entity that disseminates information by print, broadcast, cable, satellite, mechanical, photographic, electronic, or other means and that publishes a newspaper, book, magazine, or other periodical in print or electronic form; operates a radio or television station (or network of such stations), cable system, or satellite carrier, or channel or programming service for any such station, network, system, or carrier; or operates a news agency or wire service." The legislation also covers employees, contractors or other persons who "gathers, edits, photographs, records, prepares, or disseminates news or information for any such entity."
Am I alone in thinking that this is crazy? The problems of definition are nearly overwhelming in this day, but this legislation seems to avoid coming to grips with any of the really difficult issues. Can it really get no closer to defining journalism than to describe it as 'disseminating information'? Does it need to be accurate information, for example? What would this mean for Fox News? When I disseminate information in an academic journal about my research into ancient history, do I don my journalist's hat?
As for bloggers, where does it leave them and how are they or anyone to know it? Do blogs 'publish' a periodical? How periodic does publication have to be? Do bloggers operate a news agency? I suspect that the defining characteristic of journalism here is profit. Giving away news (or information) marks one out as un-serious.
Perhaps that's why the NYT has begun to move their offerings behind a pay-wall. With the likes of Judith Miller dragging their reputation down farther each day, there is too little about their reporting to mark them out unequivocally as journalists. Put up a 'For Profit' sign, however, and the world can breathe easy once again.