91 although the communications decency act cda

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appropriate level of fault.91 Although the Communications Decency Act (CDA) protects Internet service providers against lawsuits,92 it does not shelter primary content providers like bloggers and other citizen journalists from defamation claims.93 This threat of litigation, with its attendant costs and inconvenience, has a “civilizing influence”94 on Internet communications by improving the quality of the discourse.95 Increases public discourse and marketplace of ideas. Toland, Carol J. "Internet Journalism and the Reporter's Privilege: Providing Protection for Online Periodicals." U. Kan. L. Rev. 57 (2008): 461. Internet-only publications improve the public discourse and access to the marketplace of ideas.153 “[B]logging [is] a desirable social practice because it allows for wide dissemination of information relatively cheaply and quickly, it often invites comment and interaction, and it allows anyone with access to the [I]nternet to become part of the press.”154 This online marketplace seems to be much closer to the one that the Founding Fathers envisioned when they first granted freedom of the press. An online marketplace of ideas in the Internet is much more accessible to the public than traditional media
organizations. It grants anyone and everyone the ability to post their opinions and insights about a wide range of topics, whether by creating their own posts or by simply commenting on other people’s posts and articles. The Internet has transformed journalism “from a 20th century massmedia structure to something profoundly more grassroots and democratic.”155 As a result, it encourages substantial discussion of ideas that affect different groups of people. Because of this accessibility and the evident role it plays in the distribution of ideas, the reporter’s privilege should be extended to journalists and writers who use the Internet as their primary form of disseminating news and information. Internet reporters get the same protections based on a two- pronged test that factors things likes how established the source is, how many hits the site gets, and how often it is cited. Toland, Carol J. "Internet Journalism and the Reporter's Privilege: Providing Protection for Online Periodicals." U. Kan. L. Rev. 57 (2008): 461. O’Grady v. Superior Court held that the Internet periodicals involved in the case could be considered “periodicals” under the California Constitution.158 In the course of making its decision, the court considered many factors that helped distinguish between what should be considered an Internet “periodical” (and therefore eligible for reporter’s privilege protection) and what should not be considered an Internet “periodical” (and therefore not eligible for reporter’s privilege protection).159 The court’s test should become the basis upon which courts and legislatures alike, in the course of making a determination of who should receive reporter’s privilege protection, define the online journalist. This test is not without its caveats and should be carefully applied in each individual situation based upon the facts of the case. Under a proper analysis of all of the

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