The recent announcement by the Democratic National Committee about press credentialing for its nominating convention may have lasting policy implications that are likely to reverberate nationwide.
For the first time, the DNC has determined that social media influencers on platforms such as X, TikTok and Instagram will be treated on a par with reporters from CNN, major newspapers and other established media outlets. All will be granted the same press passes to cover the various activities that take place on and off the floor of Chicago’s United Center.
Congress has not yet enacted any federal law to establish a reporter’s privilege. However, there is pending bipartisan legislation passed unanimously in the House of Representatives and awaits a vote in the Senate. Given this reality, an open question in light of the DNC’s action is how much state courts will be willing to protect social media influencers from being compelled to reveal confidential sources before grand juries and other criminal proceedings.
Most states and the District of Columbia grant such protection, either absolutely or conditionally. It is based on a legislative definition of “journalist” to enable someone with a legal justification to refuse to reveal confidential sources under the compulsion of a subpoena.
However, state legislatures have been slow to recognize the dramatic changes in news delivery and audiences in recent years. Given the downsizing of many news and media enterprises and massive layoffs that have left some newsroom staffs reduced to bare-bones operations, it should not be surprising that social media influencers have stepped into this void to cover current events firsthand.
The pending federal legislation, the Protect Reporters from Exploitative State Spying (PRESS) Act, can help guide various state legislatures to a common definitional understanding that the DNC has achieved. That bill provides legal protection to those who gather, prepare, collect, photograph, record, write, edit, report or publish news or information “that concerns news events or other matters of public interest for dissemination to the public.”
Ideally, these legislatures, and Congress itself in its PRESS Act, will enact laws soon that recognize social media influencers as emerging players in our news and information ecosystem. Their work at the DNC convention will demonstrate that their millions of followers now have additional trusted resources to provide reporting with journalistic integrity.
