Jamaica Observer "Proposed defamation legislation a blessing and a challenge" Clare Forrester reports on the Crystal Cox Defamation Case and crucial issue of the importance of the distinction of who is a "journalist", as a matter of law.

"Some in the media fraternity argue that making a distinction between who is and is not a journalist would perhaps help to provide clearer directions when addressing alleged infringements committed by posting damaging information on the Internet.

Source of Quote
//www.jamaicaobserver.com/columns/Proposed-defamation-legislation-a-blessing-and-a-challenge_13949599#ixzz2Q4P5h3XJ

"These concerns exploded in a widely publicised case in the US against a self-styled "investigative blogger" named Crystal Cox.

This defendant functions as a type of 'whistle-blower' using a preponderance of blogs where she frequently writes about allegations of wrongdoing, usually by those in the finance sector.

She was sued by one of the targets of her posts, an investment firm called Obsidian Finance Group and its founder Kevin Padrick who alleged she defamed them.

In resisting a court demand to disclose the source of her information, she argued that she and the source(s) should be covered by laws designed to protect journalists.

The judge ruled otherwise, on the grounds that she was not affiliated with a traditional media entity and so not entitled to such protection.

She was then slapped with a US $2.5-million judgment, the amount which the plaintiff argued that he lost in earnings as a result of the damage caused to his reputation.

The intensity of the criticisms against the judge's 'bloggers versus journalists' comments led him to release a follow-up opinion explaining that his statement should not be interpreted to mean that all bloggers do not qualify to be called journalists, but that Cox certainly could not be so regarded. Moreover, blogging and bloggers were not, up to that point in time, covered under the journalism shield legislation in that state."


Source and Full Article
http://www.jamaicaobserver.com/columns/Proposed-defamation-legislation-a-blessing-and-a-challenge_13949599#ixzz2Q5BuS71X



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The Crystal Cox Case is on Appeal in the Ninth Circuit. Crystal Cox's attorney is UCLA Law Professor Eugene Volokh. Below is links to the opening brief and secondary brief in the Crystal Cox appeal

http://www.docstoc.com/docs/132977266/Eugene-Volokh-Crystal-L-Cox-Appeal-Obsidian-Vs-Cox-Appeal-Opening-Brief

http://www.docstoc.com/docs/144314839/Obsidian-Finance-Group-LLC-V-Crystal-Cox-Eugene-Volokh-Reply--Response-Brief

Here are some briefs in the appeal that were support briefs, Amicus Briefs that really clarify the issue that matters most to all.

http://www.docstoc.com/docs/133576894/ScotusBlogcom-Amicus-Brief-Regarding-Obsidian-Vs-Cox-Appeal

http://www.docstoc.com/docs/133593941/Obsidian-V-Cox-Appeal-the-Reporters-Committee-for-Freedom-of-the-Press

Here is an EFF Support Brief

http://www.dmlp.org/sites/citmedialaw.org/files/2012-01-11-EFF%20Amicus%20in%20Support%20of%20Cox%20Motion%20for%20New%20Trial.pdf