Both reflect key features of the privilege taken from the New Zealand Evidence Act including the definition of journalist and news medium. In essence
Journalist means a person who in the normal course of that person’s work may be given information by an informant in the expectation that the information may be published in a news medium. News medium means a medium for the dissemination to the public or a section of the public of news and observations on news.However the explanations of the definitions differ. The Wilkie Explanatory Memorandum states
"a journalist should be operating in the course of their work: This means that the journalist should be employed as such for the privilege to operate, and private individuals who make postings on the internet or produce non-professional news publications, where this is not their job, will not be covered by section 126H."
The Brandis EM doesn't refer to the line of demarcation in the same way:
"The privilege applies to disclosures to someone who, in the normal course of that person’s work, collects information in the expectation that the information may be published in a news medium. It is not intended that a claim for privilege could be made in respect of disclosures to a non-journalist that might be opportunistically relayed to a news medium outside of the normal course of that person’s work."
I agree any private individual who simply posts something on the internet shouldn't have a right to the privilege. However in my view, despite the EM, the definition seems wide enough as it should be, to cover a person not currently employed who publishes on the internet routinely in providing a news service, ie a person who has a legitimate claim to be a citizen journalist.
The Wilkie EM makes the point that the legislation does not provide a journalist with a right to refuse to provide information where the information would not lead to the disclosure of the identity of the source.