CIA Definition of 'News Media' for FOIA Requests Could Include Citizen Journalists

From David Ardia of Citizen Media Law Project...

GovernmentExecutive.com is reporting that the CIA has adopted a new definition of "news media" that could significantly reduce the fees and costs for citizen journalists who request documents under the Freedom of Information Act.

The new rule, which became effective on July 18, 2007, adopts the definition of "news media" contained in a 1987 Office of Management and Budget FOIA guidebook that includes "alternative media" that are disseminated electronically "through telecommunications." The CIA's final rule states:

Representative of the News Media refers to any person actively gathering news for an entity that is organized and operated to publish or broadcast news to the public. The term "news" means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations broadcasting to the public at large, and publishers of periodicals (but only in those instances when they can qualify as disseminators of "news") who make their products available for purchase or subscription by the general public. These examples are not intended to be all-inclusive. Moreover, as traditional methods of news delivery evolve (e.g., electronic dissemination of newspapers through telecommunications services), such alternative media would be included in this category. In the case of "freelance" journalists, they may be regarded as working for a news organization if they can demonstrate a solid basis for expecting publication through that organization, even though not actually employed by it. A publication contract would be the clearest proof, but agencies may also look to the past publication record of a requestor in making this determination: * * * * *

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For more on the regulation of citizen journalism, visit the Citizen Media Law Project blog.