Compiled from Staff Reports – Published March 14, 2024

BlackwaterReports has faced persistent assertions by county officials claiming it is not a media outlet, press entity, or journalistic organization. Moreover, defamatory statements have been directed at BlackwaterReports and its founder, Thom Roddy. County officials have gone to lengths to undermine our reporting, imposing restrictions such as barring us from the county seat, stifling our freedom of speech, and subjecting BlackwaterReports and Thom Roddy to ridicule.

Drawing upon his more than 30 years of public service, Thom Roddy remarked, “While I have developed thick skin over the years, there comes a point where a line is crossed, and I find myself subjected to public ridicule by county officials.” Recognizing the gravity of the situation, Roddy acknowledged, “I see little recourse other than to defend myself through litigation, despite its costly nature.”

When queried about potential defendants in a lawsuit, Roddy disclosed, “Apart from the county itself, we have identified three primary individuals who will be subject to separate legal actions.” Although hesitant to name these individuals, Roddy emphasized, “All three have either made defamatory statements in writing or orally, with two providing testimony under oath that was later discredited by courtroom video evidence.” Roddy stopped short of directly accusing two of the defendants of perjury. Instead, he deferred to the court’s judgment in future litigation and suggested that such matters should be reviewed by the North Carolina Bar in one case.

Blackwater Reports Swim Lanes

Blackwater Reports Inc. is an Online Media Outlet

Blackwater Reports Inc. is a news, information, and investigative reports online media incorporated in North Carolina and recognized by the U.S. Internal Revenue Service as a 501(c)(3) public nonprofit. 

North Carolina Statutes Define Journalists, not Public Officials

NCGS § 8‑53.11.(a)(1) Defines Journalist as. – Any person, company, or entity, or the employees, independent contractors, or agents of that person, company, or entity engaged in the business of gathering, compiling, writing, editing, photographing, recording, or processing information for dissemination via any news medium.  

Opinion and Fair Comment Privileges

Blackwater Reports recognizes the importance of transparency and fairness in reporting. In today’s hyperbolic 24-hour media landscape, where news outlets often present biased viewpoints, we strive to provide a balanced perspective by including government records in our reports. By incorporating these official documents, we empower our readers to make informed decisions and form their own opinions based on facts rather than solely relying on partisan narratives.

While our reports may naturally contain some opinions, our primary objective is to present information accurately and objectively. By offering access to government records and supporting transparency in our reporting, we can foster a greater sense of trust and accountability in our coverage of current events and issues.

•  Leidholdt v. L.F.P. Inc., 860 F.2d 890 (9th Cir. 1988).
•  Seelig v. Infinity Broadcasting, 97 Cal. App. 4th 798 (Cal. Ct. App. 2002).
•  Hustler Magazine v. Falwell, 485 U.S. 46, 53 (U.S. 1988).

Fair Report Privilege

One important protection for journalists in North Carolina is the state’s recognition of the fair report privilege, a common law defense against defamation claims. Under this privilege, journalists are generally protected from liability for reporting on government proceedings, official actions, or public documents, even if the information reported turns out to be false, as long as the report is accurate and fair.

1. We base our reports on source official public records or statements made by a public official on a matter of public concern;
2. We appropriately attribute the information to that source, and
3. Fairly and accurately portray the information from the document or statement.

Substantial Truth

The substantial truth doctrine reinforces the importance of accuracy and truthfulness in journalism while providing a measure of protection for journalists and news organizations when reporting on matters of public concern in North Carolina. We are guided by U.S. Supreme Court Decisions that define our swim lanes as investigative journalists:

•  The New York Times Company, Petitioner, v. L. B. Sulliv an. Ralph D. Abernathy et al., Petitioners, v. L. B. Sullivan., 376 U.S. 254 (1964), 
• Time, Inc. v. Hill, 385 U.S. 374 (1967), and 
• Masson v. New Yorker Magazine, Inc. (89-1799), 501 U.S. 496 (1991)

Neutral Report Privilege 

When it comes to relying on the statements made by a public official against another public official, we rely on Edwards v. National Audubon Soc., 556 F.2d 113 (2d Cir. 1977), to guide our reporting.  

NCGS § 8‑53.11. Persons, companies, or other entities engaged in gathering or dissemination of news.

(a) Definitions. – The following definitions apply in this section:

(1) Journalist. – Any person, company, or entity, or the employees, independent contractors, or agents of that person, company, or entity, engaged in the business of gathering, compiling, writing, editing, photographing, recording, or processing information for dissemination via any news medium.

(2) Legal proceeding. – Any grand jury proceeding or grand jury investigation; any criminal prosecution, civil suit, or related proceeding in any court; and any judicial or quasi‑judicial proceeding before any administrative, legislative, or regulatory board, agency, or tribunal.

(3) News medium. – Any entity regularly engaged in the business of publication or distribution of news via print, broadcast, or other electronic means accessible to the general public.

(b) A journalist has a qualified privilege against disclosure in any legal proceeding of any confidential or nonconfidential information, document, or item obtained or prepared while acting as a journalist.

(c) In order to overcome the qualified privilege provided by subsection (b) of this section, any person seeking to compel a journalist to testify or produce information must establish by the greater weight of the evidence that the testimony or production sought:

(1) Is relevant and material to the proper administration of the legal proceeding for which the testimony or production is sought;

(2) Cannot be obtained from alternate sources; and

(3) Is essential to the maintenance of a claim or defense of the person on whose behalf the testimony or production is sought.

Any order to compel any testimony or production as to which the qualified privilege has been asserted shall be issued only after notice to the journalist and a hearing and shall include clear and specific findings as to the showing made by the person seeking the testimony or production.

(d) Notwithstanding subsections (b) and (c) of this section, a journalist has no privilege against disclosure of any information, document, or item obtained as the result of the journalist’s eyewitness observations of criminal or tortious conduct, including any physical evidence or visual or audio recording of the observed conduct. (1999‑267, s. 1.)