Mainstream news organisations are backing three online journalists who published articles about a technology product Apple Computer says was protected by trade secret laws.
Apple sued 25 unnamed people - probably Apple employees - who allegedly leaked confidential product information to three people running web sites read by Apple enthusiasts.
Apple demanded the reporters' ISPs identify the leakers and turn over email records. The reporters countered by saying that identifying sources would create a "chilling effect'' that could erode the media's ability to report in the public interest.
Last month Judge James Kleinberg ruled in Apple's favour, saying reporters who publish "stolen property'' aren't entitled to protection. The reporters appealed.
Now eight of California's largest newspapers and Associated Press have submitted a court brief that online publishers be allowed to keep sources confidential. The media companies said the ruling, if upheld, could impair the ability of all journalists to reveal important news, from financial corruption to government cover-ups.
"Recent corporate scandals involving Worldcom, Enron and the tobacco industry all undoubtedly involved the reporting of information that the companies involved would have preferred to remain unknown to the public,'' the 38-page brief stated. "Just because a statute seeks to protect secrecy of such information does not mean that the First Amendment protections provided to the news media to inform the public are wiped away.''
Dave Tomlin, assistant general counsel for the AP, said the case has implications for bloggers, online reporters and traditional journalists. "For us, this case is about whether the First Amendment protects journalists from being turned into informants for the government, the courts or anybody else who wants to use them that way,'' he said. ``We believe strongly that it does, and that it's a good thing for all of us that journalists have this protection.''
[Source: ‘News organizations support bloggers in apple trade-secrets case’ by Rachel Konrad, Associated Press, 12 April 2005]
Recent Comments