Are Bloggers Journalists?

Inquiring Media Risk Managers Want to Know

Media risk managers are closely watching the discussions recently begun in Congress associated with the proposed federal shield law, the Free Flow of Information Act. Central to that debate is whether bloggers should be defined as journalists.

Sponsored by Sen. Richard Lugar and Rep. Mike Pence, the legislation would limit the instances when reporters could be forced to reveal their sources.

Scott Kannry, media liability syndicator for insurance broker Aon, says if the FFIA defines bloggers as journalists, it would be a good thing for the marketplace, as it would maintain the current environment.

“It’s all about potential liability exposure. Journalists enjoy First Amendment protections, which shields against liability. If bloggers are not defined as journalists, they would have much greater exposure. That would likely require underwriters to look at a blog or blogger as a separate exposure instead of a part of a larger protected entity, like a news organization.”

Without First Amendment and FFIA protections, Kannry says if a news organization operates blogs in addition to its regular news, media risk managers would have to monitor the blogs. Also, when media organizations buy media liability insurance they would probably have to go through a different underwriting process for the blog.

If bloggers are not journalists, Kannry says standards would have to be set. “It would be up to who’s backing the blog,” Kannry says. “If it is readily apparent that the blog is an ancillary offering of a recognized news organization, for their own reputation’s sake the media company would probably do as much as it could to hold the blogger’s content to the same standard as the rest of their organization.”

“There’s a higher level of comfort if you know the actions of your employees are protected by the first amendment and the FFIA, vs. not,” he says.