Pages

21 November 2006

Blogger trial tests definition of journalist

New Brunswick blogger Charles LeBlanc, who describes himself as an Internet journalist, is on trial for obstructing police during a demonstration in Saint John last June.

LeBlanc's defence is based, in part, on his contention that he is a journalist legitimately entitled to cover the event. The issue is a new one for Canada where bloggers function in an admittedly grey area of the laws affecting reporters. In California, one judge ruled in 2005 that a blogger was not a journalist and therefore was obliged to reveal sources used for a posting.

LeBlanc was taking pictures for his blog when he was arrested. According to a CBC news story posted on LeBlanc's site, Police Sergeant John Parks testified he saw LeBlanc approach the officer from behind and considered him a protester since he wasn't dressed in business attire as were other journalists. Parks said he cautioned LeBlanc to leave the scene or risk arrest.

Park and police constable Tanya Lawlor arrested LeBlanc, despite LeBlanc's repeated statements at the time that he was reporting on the protest. Park seized LeBlanc's digital camera and deleted a photograph of the officer.
After the incident, Lawlor said she looked up LeBlanc's blog on the internet, and found pictures of herself brandishing a baton to ward off protesters, set to the song Kung Fu Fighting.

She said it made her feel humiliated and demoralized.
Other witness, including journalists from mainstream media, contend LeBlanc was taking pictures at the time of his arrest.

In June, LeBlanc was barred from attending at the New Brunswick legislature for allegedly unacceptable behaviour in the legislature precincts. LeBlanc subsequently interviewed New Brunwick Premier Shawn Graham following Graham's swearing in.

LeBlanc, who receives social assistance and uses a digital camera donated by an anonymous supporter, has become fixture at the New Brunswick legislature as he interviews politicians and senior bureaucrats for his blog.