Hawaii’s news media "shield law," a measure that has been praised nationally for including emerging forms of digital and online media in affording journalists a measure of protection from having to reveal confidential sources in court, is due to expire in two months after lawmakers failed Tuesday to approve an extension.
House lawmakers voted to extend the existing media shield law by two years. The Senate, meanwhile, passed a version of House Bill 622 that had been agreed to in conference committee last week.
The passage of two different proposals essentially kills any extension of the current shield law, which is scheduled to expire June 30.
Media advocates had criticized the version of the bill that had moved out of conference committee because it would have removed bloggers and nontraditional journalists from the protected group, and expanded the exceptions to the law beyond felony cases and civil lawsuits that involve defamation. Journalists could be required to reveal their sources and other information in cases that involve potential felonies and serious crimes against people or animals and in all civil cases.
Negotiators agreed to preserve the protection for unpublished information, such as notes, which can discourage so-called "fishing expeditions" by law enforcement into a journalist’s work product.
Rep. Scott Saiki, the House majority leader, said the conference draft was "lacking" because it excluded nontraditional forms of media but also free weekly newspapers.
"We felt that in that situation the best-case scenario would be to simply extend the current law for two years to give the chairs time to work out the differences," said Saiki (D, Downtown-Kakaako-McCully).
The House voted to approve its bill just before 10 a.m., a few minutes before the Senate floor session began.
While Senate leaders said they were informed of the House decision Tuesday morning, none of the senators who supported a stronger shield law attempted to force a floor vote on the House’s amended version of the bill. Senators instead passed the conference draft of the bill Tuesday afternoon by a vote of 16-9.
Sen. Clayton Hee (D, Heeia-Laie-Waialua), lead Senate negotiator on the bill, questioned why the House did not share the amendment with the Senate sooner than Tuesday morning. The conference draft was approved Thursday.
"It raises the question to me, How come so late in the game?" Hee said.
Forty states and the District of Columbia have shield laws that offer varying degrees of protection to journalists, according to the Reporters Committee for Freedom of the Press.
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Star-Advertiser reporter Derrick DePledge contributed to this report.
