Shield legislation pending in Massachusetts would likely provide a qualified privilege to citizen journalists. Subject to certain exceptions, the bill provides a qualified privilege to "any covered person, who is providing or has provided services for the news media."
It appears that the bill's protections would extend to citizen journalists. According to the bill, a "covered person" is defined as
a person who engages in the gathering of news information and has the intent, at the beginning of the process of gathering news or information, to disseminate such news or information to the public.
Whereas "news media" is defined as
a newspaper, a magazine; a journal or other periodical; radio; television; any means of disseminating news or information gathered by press associations, news agencies or wire services, including dissemination to the news media such as identified herein; or any printed, photographic, mechanical or electronic means of disseminating news or information to the public.
Note the reference to any "mechanical or electronic means of disseminating news or information to the public." As long as an individual gathers the material with the intent to disseminate the information to the public and does so -- or has done so in the past -- through a blog, website, or other electronic means, the privilege should attach to those newsgathering activities.
The First Amendment Center did some nice reporting on this, including an interview with a lawyer involved in the drafting of the bill.
