N.J. High Court to Review If Bloggers Can Invoke Shield Law

FREEHOLD, N.J. — The state Supreme Court has agreed to decide whether blogger Shellee Hale, who was sued by Too Much Media for defamation over her online postings, can raise New Jersey’s statutory protection of news reporters’ sources and editorial processes.

The court will hear Hale’s interlocutory appeal, “limited only to those issues relating to the New Jersey Shield Law and the 1st Amendment.”

“I am not surprised that the Supreme Court may want to define who is and is not considered media for the purpose of the Shield Law,” Too Much Media attorney Joel Kreizman told XBIZ. “I am confident whatever the definition of media may be, that Shellee Hale and her posts on a message board will not fit within that definition.”

An appellate judge last April affirmed an earlier court ruling that the state’s shield law doesn’t apply to Hale, even though she runs a website reporting on technical and criminal activity in the adult entertainment industry.

The court found the shield law inapplicable to online posters not engaged in gathering or disseminating news and that Hale “exhibited none of the recognized qualities or characteristics traditionally associated with the news process, nor has she demonstrated an established connection or affiliation with any news entity" when she posted statements on another site that were critical of Too Much Media, which markets NATS.

Hale is being sued over statements she posted on Oprano.com, accusing Too Much Media of fraud and "illegal and unethical use of technology," violating New Jersey's Identity Theft Protection Act.

Hale called herself a journalist she was gathering information about an Internet security breach at the company. 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.

"We are left with a position that anyone who says, under oath, 'I am a journalist' is thereby to receive the benefit of the Shield Law," Kreizman said. "It matters nil that the person makes that affirmation has no credibility."

Hale's lawyer, Jeffrey Pollock, urged the court to review the case, arguing in his May 21 brief that the published appeals court ruling "has now shattered the Shield Law's broad reach."

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

Opinion: Why Device-Based Age Verification is the Key to Protecting Minors Online

Across the United States, state legislators on both sides of the aisle have attempted to tackle the crucial goal of preventing minors from accessing adult content.

TMZ: VMG's Mike Moz in Talks About 'Potential Collab' With Yeezy

Vixen Media Group’s Mike Moz told TMZ on Friday that the company has been discussing a potential collaboration with Kanye West’s brand Yeezy.

Age Verification: FSC's Mike Stabile Reports from the Front Lines

Two years into the religiously-inspired crusade to ban free access to adult material in the U.S. through carefully drafted "age verification" legislation, the constant onslaught of state-by-state proposals and laws — many of them copied from each other — can be hard to follow.

Written Erotica Platform 'Hevvn' Launches

Hevvn, a new platform aimed at erotica writers seeking to publish, promote and profit from their work, debuted Thursday.

Sssh.com's Angie Rowntree Speaks at Brown University

Sssh.com founder Angie Rowntree spoke at a Brown University class last week, discussing several topics related to adult filmmaking.

Online Industry Veteran Joe E. Passes Away

Online industry veteran Joe E has passed away, according to friends and industry associates.

Judge Acquits Backpage Defendants of Most Charges Before 2nd Retrial

A federal judge acquitted former co-owner of Backpage.com Michael Lacey and two co-defendants on most of the counts remaining from the protracted trial launched against the website operators by the Justice Department in 2018.

Adult Time Partners With Animation Studio 3DGspot

Adult Time has signed a deal to stream content from animation studio 3DGspot.

Georgia Gov. Brian Kemp Signs Age Verification Bill Into Law

Republican Gov. Brian Kemp this week signed into law a bill that includes provisions requiring age verification for viewing adult content in Georgia, mirroring legislation being sponsored around the country by anti-porn religious conservative activists.

AEBN Publishes Popular Searches by Country for February, March

AEBN has released the popular searches from its straight and gay theaters in more than three dozen countries during February and March.

Show More