Slater a 'journalist' but must reveal some sources

Controversial blogger Cameron Slater is to be counted as a journalist, the courts decided today – however, the identity of his sources for stories about one Auckland businessman is not safe.

Mr Slater is in the midst of defamation proceedings with high-profile Auckland businessman Matthew Blomfield, who used to own a number of Hell’s Pizza franchises.

Mr Blomfield claims Mr Slater's Whale Oil blog posts defamed him by alleging he stole charitable funds, is a psychopath, makes pornography, and deals drugs.

He wants Mr Slater to reveal his sources. 

Last September, Justice Charles Blackie ruled Mr Slater could not rely on journalists' rights to protect the identity of sources used to publish information about Mr Blomfield.

And in June, Mr Slater flaunted his Canon Media Award in court to try to prove he was a journalist. 

Today in the High Court of Auckland, Justice Raynor Asher overturned Justice Blackie's previous decision.

The judge found as a blogger, Mr Slater is covered under the definition of a journalist in the Evidence Act. (see the judgment attached)

“Whilst [Whale Oil’s] style and focus can be criticised, it was breaking news to a significant section of the New Zealand public,” Justice Asher said.

"The style of journalism may be criticised and can be dramatic and abusive, but the style is vigorous and coherent, and there is no evidence provided to this court of consistent inaccuracy or deceit (although there is evidence of consistent hyperbole)."

Despite deciding that Mr Slater was a journalist who had promised to protect sources, Justice Asher said public interest over-ruled this protection.

While noting that there is no wider public interest in this case because it comes from a private dispute and a requirement to disclose is unlikely to have a "chilling effect" on other whistleblowers or informants, the judge said: “On balance the public interest in disclosure outweighs any adverse effects on the informants and the ability of the media to freely receive information and access sources.”

Mr Slater must therefore answer all questions put to him, the judge said.