More than a dozen national media organizations have signed on to a letter opposing Hawaii’s so-called "Steven Tyler Act," a bill that seeks to prevent paparazzi and reporters from stalking celebrities who vacation in the islands.
The attorney for the National Press Photographers Association, based in Buffalo, N.Y., sent the letter Wednesday to the bill’s author, Sen. J. Kalani English (D, East Maui-Upcountry-Molokai-Lanai), calling the proposed measure unconstitutional.
"While you have expressed the opinion that this bill will help your state’s tourism and film industries by encouraging famous people to come to Hawaii without fear of being stalked by paparazzi, we are concerned that the bill as drafted tramples upon the First Amendment rights of citizens and journalists," wrote Mickey Osterreicher, general counsel for the association, which describes itself as "the voice of visual journalists."
English has said he introduced the bill at the request of Aerosmith lead singer Steven Tyler, who recently bought a home on Maui. The bill would expose people to civil lawsuits if they invade the privacy of celebrities or public figures by taking or selling photos or videos. The bill defines an invasion of privacy as capturing or trying to capture an image or sound recording "in a manner that is offensive to a reasonable person."
Osterreicher said his organization has the backing of 14 other media organizations and companies, including the American Society of News Editors, Associated Press Media Editors, the Reporters Committee for Freedom of the Press, the Society of Professional Journalists, the Newspaper Association of America and Hawaii TV stations KHON and KHNL/KGMB.
Dennis Francis, president and publisher of the Honolulu Star-Advertiser, said he agrees with the letter’s assertion that the bill "is overly broad and vague."
"This proposal clearly undermines rights granted by the First Amendment," Francis said. "While the intention might be good, the practical effect would be to constrain journalists, making it more difficult for publishers and broadcasters to fully report the news, shortchanging the public and its right to know.
"And while its target might be paparazzi, it also could be used against unsuspecting citizens and tourists."
Senate Bill 465 is scheduled to be heard Friday morning by the Senate Judiciary and Labor Committee.
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Letter opposing Senate Bill 465 by
