Lawmakers move weakened news media shield law

State lawmakers Thursday agreed to make permanent a law that offers journalists limited protection from having to disclose confidential sources in court, but bloggers and other nontraditional journalists would be excluded.

The bill would also expand the exceptions to the law beyond felony cases and civil lawsuits that involve defamation. Journalists would be expected 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.

But House and Senate negotiators agreed to preserve the protection for unpublished information, such as notes, which can discourage so-called "fishing expeditions" by law enforcement into a journalist’s work product.

Sen. Clayton Hee (D, Heeia-Laie-Waia­lua), the lead Senate negotiator on the bill, said most of the revisions to the law were recommended by the state attorney general’s office. But he said he agreed the shield law should distinguish traditional journalists from bloggers.

"The attorney general felt that it would be easier for a judge to make a determination of who is a journalist and who isn’t a journalist," Hee said.

The Hawaii Shield Law Coalition, which represents media interests, including the Star-Advertiser, has vigorously fought the revisions and wanted lawmakers to just extend the 5-year-old shield law, which would otherwise expire by July.

Media advocates were particularly disappointed earlier this month when senators removed bloggers and other nontraditional journalists, a feature of the shield law that has received national praise for its recognition of emerging Internet-based journalism.

Gerald Kato, a University of Hawaii at Manoa journalism professor, called the bill "a retrograde description of journalism," adding, "It is a 20th-century description of journalism and doesn’t deal with the future of journalism."

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.

Kato and others complained that lawmakers did not involve journalists enough during the legislative process, compared with five years ago, when journalists helped craft the shield law. He said he would need to talk with others in the coalition about whether to recommend that lawmakers reject House Bill 622 in final votes next week.

"There was absolutely no give-and-take in this process," he said. "You either take it or you leave it."

Rep. Karl Rhoads (D, Chinatown-Iwilei-Kalihi), the lead House negotiator, said he had consulted with journalists this session and feels he had an understanding of the issues involved.

"Conference is a very chaotic time. And I think there’s a lot of people who feel like they’re shut out of the process during the week of conference," he told reporters, adding that there was no intent on his part to shut out anybody.