LAURA WALTERS
Last updated 11:30 23/06/201
Whale Oil blogger Cameron Slater says blogs should be seen as independent media organisations and he should have the same rights as journalists to protect their sources.
Slater is in the High Court in Auckland this morning appealing a District Court decision that he could not be considered part of the media.
Slater was being sued by businessman Matthew Blomfield for defamation relating to 2012 blog entries.
The blogger has tried to rely on Section 68 of the Evidence Act as he defends a defamation suit brought by Blomfield in the Auckland District Court.
Section 68 deals with protection of journalists' sources.
The District Court had ordered the blogger to hand over his sources but Slater argued he had the same rights as journalists to protect their sources.
He won leave to appeal the decision.
Slater told the High Court today that the key points to his appeal were whether Whale Oil was a news medium and in turn whether he could be considered a journalist.
The blogger, who was representing himself, said that according to the Evidence Act a news medium broke and disseminated news.
"Since the day the website started in 2005 that's all I've ever done," he said.
Whale Oil had more than 100,000 page views a day and therefore the public were interested in the news and opinions that were published on the site.
Justice Raynor Asher spent some time discussing the definition of a blog versus a traditional news medium.
At one point the judge said blogs were centred on opinions while traditional news media did not try and put a slant on the news.
There was a smattering of laughter from Slater and the packed public gallery at the judge's comments that traditional news media did not write biased stories.
In March, when the High Court gave Slater the right to appeal, Justice Asher said it "seems likely" Slater did publish news, but the question remained whether this was the case two years ago.
The appeal was adjourned in April with Justice Asher saying the issue was important and would require an interpretation of an aspect of Section 68 of the Evidence Act for the first time.
Experienced media lawyer Julian Miles, QC was appointed as amicus curiae - an advisor to the court - to research the law and give the judge an impartial view before he made his decision.
Today Slater ran through a list of articles and videos he published in and before 2012 that he considered to be news, therefore making him a journalist at the time.
He also pointed to his Canon Media Award, won at this year's ceremony as evidence.
The hearing continues.
- Stuff
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