## Facts

- Too Much Media, LLC (TMM) developed “NATS,” software used by websites (including adult-entertainment sites) to track referrals and calculate commissions.
- In 2007, TMM suffered a security breach that exposed certain subscriber and customer contact information, prompting widespread industry discussion.
- Shellee Hale, a Washington resident, described herself as investigating corruption in the online adult-entertainment industry and planned (but did not fully launch) a news website called “Pornafia.”
- Hale posted statements on an internet message board (Oprano) about the breach, including allegations that TMM profited from it and that TMM or its principals threatened critics.
- TMM and two principals sued Hale in New Jersey for defamation and false-light invasion of privacy based on the postings.
- During discovery, Hale refused to identify sources and sought protection under New Jersey’s Shield Law, claiming her posts were part of journalistic reporting.

## Issues

1. Whether New Jersey’s Shield Law reporter’s privilege applies to a self-described journalist who posted allegedly defamatory statements on an internet message board and refused to disclose sources.
2. What qualifies as “news media” and protected “newsgathering” under the Shield Law when the claimed medium is non-traditional and internet-based.

## Decision

- The New Jersey Supreme Court affirmed the denial of Shield Law protection.
- The court held the Shield Law is not limited to traditional print or broadcast outlets and may extend to some electronic media.
- The court concluded Hale did not qualify because her relevant activity consisted of message-board postings on a forum for user opinions rather than dissemination through a medium similar to traditional news sources.
- Hale was required to comply with discovery, including source disclosure; the underlying merits of the defamation and false-light claims were not decided in this appeal.

## Legal Principles

- New Jersey’s Shield Law can apply beyond traditional media, but only where the claimant is engaged in newsgathering and dissemination through “news media” or an electronic means sufficiently similar to traditional news outlets.
- “News” for Shield Law purposes concerns current events or matters of public interest, but self-identifying as a journalist or intending to publish in the future does not establish protected status.
- A platform primarily serving as an unstructured forum for users to post thoughts and opinions does not, by itself, constitute “news media” under the statute.
- Extending the privilege to all online posters would exceed the statute’s limits and improperly broaden the class of persons who may withhold sources in litigation.

## Conclusion

The court held that, although the Shield Law can cover some non-traditional electronic journalism, it did not protect Hale’s refusal to disclose sources because her statements were posted on a message board not functioning as news media similar to traditional outlets, and she failed to show she was acting within the statute’s protected news-media role.


Too Much Media, LLC v. Hale, 20 A.3d 364 (N.J. 2011)