As more Doe cases reach appellate review, I have to wonder if it would be possible for a news website to assert reporter’s privilege to protect the identities of online commenters.
Here’s how the argument would run. The commenters are “sources” who provide information to the “reporter” in presumptive reliance on pseudonymity. The reporter “collects” the information via the comment platform of the outlet’s website. As local news sites in particular increasingly rely on community commentary to generate leads and developments in stories, this application of a reporter’s shield law may provide news sites with a way to protect contemporary newsgathering practices from being chilled by defamation suits.
More to come–this may bear thinking about.