N.J. Court: No Shield Law Protection for Blogger Shellee Hale

NEW JERSEY — An appellate division judge has affirmed an earlier court ruling that the state’s shield law doesn’t apply to defendant Shellee Hale in her case with Too Much Media.

The judge also ruled that Too Much Media is entitled to proceed with its defamation lawsuit even though it can’t specifically prove monetary damages to the business.

“It’s almost a 100 percent win because the other side argued they’re entitled to shield protection, the court affirmed she is not.” Too Much Media attorney Joel Kreizman told XBIZ.

Kreizman said Hale, who is a mother of five and a blogger from Washington state, will now have to reveal her sources in an upcoming deposition.

The court documents affirm, “the mere claim that one is a journalist or reporter, is not enough to gain the protection of the shield law.”

Hale called herself a journalist when she was gathering information in 2009 about an internet security breach at TMM. Hale posted on a website that Too Much Media failed to inform customers of a security breach because she alleged it was making money off of it. The posts alleged that breached Too Much Media data could have given hackers access to names and addresses of account holders, which Too Much Media denies.

Hale also posted on an adult entertainment website message board accusing TMM principals of threatening her.

The court papers state, “such statements unquestionably have the capacity to injure plaintiff’s reputation or subject them to the ‘loss of good will and confidence’ in which they are held by others.”

Kreizman said that Hale was nothing more than an irresponsible member of the public posting libelous or slanderous comments on the message board.

The court agreed saying, “Internet postings, if defamatory, are considered libel. Unlike spoken words that evaporate, Internet postings have permanence, as the posts can remain on that particular site for an indefinite period and can be copied and forwarded.”

Hale’s attorney, Jeffrey Pollock, said that other courts have used a broader view to extend the shield protection to an editor gathering unsolicited letters, to an insurance industry trade publication and to a reality television show's video footage that was never aired or published.

“The decision that Shellee and her confidential sources are not protected by the newsperson's privilege is palpably incorrect, irrational and irreconcilable with the evidence presented," Pollock wrote.

The suit isn't the first filed against Hale over comments made on message boards. Montreal-based live-cam company 2Much Internet Services settled with Hale before that case went to trial.

"I am thrilled that the N.J. court has affirmed that Shellee Hale is not protected under that state's shield law," 2Much owner Mark Prince told XBIZ. "As someone with a casual interest in the media business, it is pleasing to see that the law is working to protect legitimate news reporters and bloggers and that its misuse will not be tolerated, especially when it comes to the wrongful defamation of strong, smart companies like our friends at TMM and the braniacs who work there. Congratulations to Jon and Charlie and kudos to them for continuing to fight this fight."

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Justices Alito, Thomas Invoke Victorian-Era Morality Law, Raising Censorship Concerns

Several national publications reported this week on widespread concern among Free Speech advocates after U.S. Supreme Court Justices Samuel Alito and Clarence Thomas repeatedly invoked during a hearing the infamous segregation-era law the Comstock Act, which was the cornerstone of U.S. censorship of sexual material from the 1870s until the 1970s.

Skinfluential Management's FansFuel Acquires Fanwire

Creator stats and affiliate marketing platform FansFuel has acquired creator account management tool Fanwire.

Nebraska AV Bill Moves Forward Despite Privacy, Free Speech Concerns

Nebraska’s unicameral Legislature has given first-round approval to LB 1092, the state’s version of the age verification bills being sponsored around the country by anti-porn religious conservative activists.

AEBN Celebrates 25th Anniversary

The Adult Entertainment Broadcast Network (AEBN) is celebrating its 25th year in business this week.

Performers in Meta Blacklisting Lawsuit Seek to Preserve Antitrust Claims

Adult Performance Artists Guild board officers Alana Evans, Kelly Pierce and Ruby have informed a California court that, although they want to drop their lawsuit claiming that Meta conspired with OnlyFans to blacklist rival premium fan platforms’ talent, they may still pursue antitrust claims in the future.

FSC, Co-Plaintiffs to Ask US Supreme Court to Review Constitutionality of Texas Age Verification Law

Free Speech Coalition (FSC) and its co-plaintiffs in the challenge to Texas’ controversial age verification law have petitioned the United States Court of Appeals for the 5th Circuit to stay its recent decision upholding the law, because they intend to appeal to the U.S. Supreme Court to review the law’s constitutionality.

FSC Vows to Fight Florida Age Verification Law

Free Speech Coalition (FSC) has issued a statement vowing to continue fighting Florida’s new age verification law, which was signed by Gov. Ron DeSantis on Monday as part of a comprehensive bill targeting minors’ use of social media.

Kansas Republican Aims to Create New Bureaucracy to 'Investigate' Porn Websites

Republican state legislators succeeded Monday in moving forward Kansas’ version of the age verification bills being sponsored around the country by anti-porn religious conservative activists, despite serious concerns raised by House Democrats about the cost of establishing a new bureaucracy tasked with investigating websites for pornographic content.

SK Intertainment Launches 'Skinfluential Management' Agency, FansFuel Joint Venture

Mr. Skin/Mr. Man parent company SK Intertainment has launched new creator agency Skinfluential Management, as well as a new joint venture with Showbizz Media's creator stats and affiliate marketing platform, FansFuel.

Industry Attorney, Free Speech Champion Clyde DeWitt Passes Away at 75

Noted industry attorney Clyde DeWitt passed away on Friday in Las Vegas at 75, according to friends and colleagues.

Show More