State lawmakers should make permanent the limited news media privilege against the compelled disclosure of sources and unpublished information as legislation pending in the House would effectively do. With the current law scheduled to sunset on June 30, we call
State lawmakers should make permanent the limited news media privilege against the compelled disclosure of sources and unpublished information as legislation pending in the House would effectively do.
With the current law scheduled to sunset on June 30, we call on the Legislature to pass HB 1376 and HB 194 this session.
We stand with other Hawai‘i media professionals in urging the Judiciary Committee to promptly approve the bills so the full House can consider the matter.
As the Society of Professional Jounalists-Hawai‘i Chapter Vice President Nancy Cook Lauer said in her testimony last week to Chairman Gilbert Agran, the limited news media privilege has a proven track record.
Since its inception in 2008, the law has successfully protected a journalist and a documentary film producer in Hawai‘i.
The filmmaker was able to prevent disclosure of Native Hawaiian belief systems and burial practices told in confidence. As Lauer put it, the reporter covering the circumstances surrounding a threat to public safety was able to cover the story rather than spend costly days in a courtroom fighting subpoenas.
But as Lauer underscores, the more important impact of Act 210 has been its symbol as “a beacon to a free press, preventing untold subpoenas and threats to the exercise of journalistic endeavors.”
The shield law has no known negative impact to this state or others. But its benefits remain tangible and its very existence worth preserving as Hawai‘i moves forward in the 21st Century.
The 50th State should join the vast majority of states in our nation that have already passed similar journalistic protections against being forced to disclose confidential sources or information.
This newspaper and other media outlets throughout the state together share a crucial role as the Fourth Estate. The limited news media privilege being considered here on a permanent basis would serve as an important tool for journalists as they continue their pursuit to serve the public good.
Soon, hopefully, Congress will pass a similar federal shield law like the one it almost did a year ago.
As SPJ President Kevin Smith said in 2009 regarding a bill pending in the national legislature, “When sources can come forth without fear of reprisal to share information with the media, when the press can report on important issues at the highest levels of government without fear of incarceration and when the American people can once more be guaranteed its officials are accountable to them, the Free Flow of Information Act becomes a necessary instrument in the preservation of democracy.”
