Journalists

📰🏛️ Gov. Green Tinking Hard Kine ‘Bout Protections Fo’ Da Reportahs Stayin’ Pau Fo’eva

Gov. Josh Green stay ponderin’ whetha fo’ sign one bill dat would bring back an’ make stay fo’eva da protections dat would keep da reportahs from being fo’ced fo’ give up da confidential stuffs or da people who give ’em scoops in da state court. 📝⚖️

Hawaii an’ Wyoming, dey da only two states dat no mo’ any kine law in da books fo’ protect da work da reportahs do an’ da part dey play in one workin’ democracy. Da 2008 shield law dat was let fo’ sunset in 2013 would be brought back if da governor signs HB 1502. 🏝️🏔️

Dis bill, it protects da old school, da new school an’ online reportahs by limiting “da fo’ced giving up of sources or stuffs no yet published fo’ reportahs, news broadcasters, an’ people participating in da gathering or spreading of news or stuffs of big kine public interest” while setting up exceptions, according to da Shield Law Steering Committee, which been working since 2008 fo’ get one law like dis stay on da books fo’eva. 📚🌐🔐

Da House Committee on da Judiciary an’ Hawaiian Affairs wen add clarification dat da law applies to “digital news sites,” an’ da Senate Committee on da Judiciary wen add one part dat makes ’em clear dat da privilege stays with da reportahs an’ not da people who give ’em scoops. 🖥️📱🔒

Get plenny bills on top da governor’s desk, but all da bills gotta go through one thorough legal an’ money review, plus da Governor’s assessment on whetha da bill makes good public policy, Green’s director of communications, Makana McClellan, wen tell da Honolulu Star-Advertiser. 📚💰📊

So, even if get bills dat he would agree with at face value, still gotta make sure dat get no unintended money implications an’ get no legal or constitutional problems. Until dat analysis is finished, which going be ongoing for da next couple weeks, da office no can officially say whetha da Governor will or will not sign one bill. 📑🤔🖋️

Green get until July 11 fo’ sign da bill or deliver da veto. If Green decides fo’ kill da bill, he gotta let da state lawmakers know by June 26. 📆⏳🚫

HB 1502 was brought in by House Speaker Scott Saiki, with one companion bill in da Senate brought in by Sen. Les Ihara Jr. 📜🤝🏛️

Ihara wen tell da Star-Advertiser dat in January he wen stumble upon one 2013 news story about how Hawaii wen lose its shield law. 🗞️🌄🏝️

Den-state Sen. Clayton Hee was “not liking da media” during da 2013 Legislature’s review of one bill, HB 622, dat would remove da sunset date on Hawaii’s shield law, Ihara wen say. 😤💔🌅

Da 2013 news story wen remind Ihara of partnering with den-House Majority Leader Scott Saiki. 📰🔄🤝

Saiki wen propose one floor amendment as one last shot at fixing da conference draft, which was supported by one group of media advocates. But Hee was Judiciary chair an’ wen convince da majority caucus fo’ pass da “flawed CD1,” Ihara wen say. 🗳️💔📜

As da 2023 bill introduction deadline wen come close, I wen ask Speaker Saiki if he was interested in da shield law. He was an’ wen tell me fo’ suggest one draft dat he could introduce with support from journalists groups. I wen ask da ones who stay now on da Hawaii Shield Law Committee about their interest. Was unanimous, but with some concerns about being treated wrong by lawmakers on dis issue in da past,” said Ihara. ⏰📝👥

I stay hopeful dat HB1502 going be enacted an’ used by da Media Council an’ odda journalist groups to engage da public on da role of media in American democracy. 📚🇺🇸🗣️

Jeffrey S. Portnoy, one First Amendment attorney an’ member of da Shield Law Steering Committee who led da negotiations on da 2008 bill, wen tell da Honolulu Star-Advertiser in one interview dat when it first wen pass 15 years ago, it was considered by national pundits to be one of da most “progressive and media-friendly and reporter-friendly” shield laws in da country. 📚🏛️👍

“And then, what has become all too typical of legislative shenanigans at da last minute, a sunset provision was inserted. And again, based upon politics and certain lawmakers, da statute was allowed to sunset,” said Portnoy. “It is one good ting, honestly, to dis Legislature dat after all these years it has agreed to reinstate da shield law an’ begin to provide statutory protections to journalists to protect their ability to report on important events without having to, in most cases, either become advocates for one side or another, or to reveal confidential sources. In an era in which Hawaii is continuing to face big kine allegations of corruption, dis shield law will provide protections to journalists and their sources to … report and comment on big kine public matters.” 🌅⚖️📰

In addition to Portnoy, da Shield Law Steering Committee includes Gerald Kato, who helped build da 2008 bill an’ worked for 18 years as a TV and print journalist. Kato also taught journalism and communications for 32 years at da University of Hawaii before retiring in December. 📝📺🎓

Da other members are Stirling Morita, president of da Society of Professional Journalists, Hawaii Chapter; an’ Chris Conybeare, president of Media Council Hawaii. 👥🏝️📚

Kato wen tell da Star-Advertiser in one interview dat he neva thought he’d see da shield law come back in his lifetime. 🌅📜👀

While journalism has changed plenny since 2008, da need to protect journalists, journalism and their sources no has, Kato wen say, an’ dere still need to be permanent statutory protections. 🔄🔒📝

HB 1502 addresses plenny of these changes to da delivery of journalism without talking about specific technology. Da shield law would protect da work of anyone engaged in activities spreading information necessary in a democratic society. 📰🔄🔐

“At its heart it’s da government accountability bill. By protecting journalists and their sources, we encourage people to give up information about public and private wrongdoings,” said Kato. “It’s important in these times to have some incentive to have people come forward with information and for journalists to disclose that information without fear dat dey going be pulled into one civil or criminal proceeding as a result.” 🏛️🔍👥

So, we stay seein’ how dis one stay unfolding. For sure, da bill would be one major step fo’ da freedom of press in our state, making it easier fo’ journalists fo’ do their work without worrying about revealing their sources. Plus, would make da government mo’ accountable, an’ dat’s always one good ting. 🤙🗞️🕵️‍♀️

So, Gov. Green, da ball stay in your court. You going sign dis kine bill into law? We stay waiting, and all da hardworking journalists in da state, an’ all da people who depend on their reporting, dey stay waiting too. 💭🖋️🕰️

Let’s see what happens. In da meantime, we stay hoping for da best. Aloha and mahalo fo’ reading. 🏝️🙏📚


NOW IN ENGLISH

📰🏛️ Gov. Green Deliberating Over Permanent Protections For Journalists

Gov. Josh Green is currently considering whether to sign a bill that would reinstate and make permanent protections preventing journalists from being compelled to disclose confidential information or sources in state court. 📝⚖️

Hawaii and Wyoming are the only two states that lack any law protecting the work of journalists and their role in a functioning democracy. The 2008 shield law, which was allowed to expire in 2013, would be reinstated if the governor signs HB 1502. 🏝️🏔️

This bill would protect traditional, contemporary, and online journalists by limiting “the compelled disclosure of sources or information not yet published for reporters, news broadcasters, and individuals participating in the gathering or dissemination of news or matters of significant public interest,” while establishing exceptions, according to the Shield Law Steering Committee, which has been working since 2008 to have a law like this permanently established. 📚🌐🔐

The House Committee on Judiciary and Hawaiian Affairs clarified that the law applies to “digital news sites,” and the Senate Committee on Judiciary added a provision making it clear that the privilege is held by the reporters and not the sources. 🖥️📱🔒

There are many bills on the governor’s desk, but all the bills undergo a thorough legal and fiscal review, as well as the Governor’s assessment of whether the bill forms good public policy, Green’s director of communications, Makana McClellan, told the Honolulu Star-Advertiser. 📚💰📊

So, even if there are bills that he would agree with at face value, they still need to ensure there are no unintended financial implications and no legal or constitutional issues. Until that analysis is completed, which will be ongoing for the next few weeks, the office cannot officially say whether the Governor will or will not sign a bill. 📑🤔🖋️

Green has until July 11 to sign the bill or issue a veto. If Green decides to veto the bill, he must notify state lawmakers by June 26. 📆⏳🚫

HB 1502 was introduced by House Speaker Scott Saiki, with a companion bill in the Senate introduced by Sen. Les Ihara Jr. 📜🤝🏛️

Ihara told the Star-Advertiser that in January he stumbled upon a 2013 news story about how Hawaii lost its shield law. 🗞️🌄🏝️

Former state Sen. Clayton Hee was “not fond of the media” during the 2013 Legislature’s review of a bill, HB 622, that would remove the sunset date on Hawaii’s shield law, Ihara said. 😤💔🌅

The 2013 news story reminded Ihara of partnering with then-House Majority Leader Scott Saiki. 📰🔄🤝

Saiki proposed a floor amendment as a last attempt to fix the conference draft, which was supported by a group of media advocates. But Hee was Judiciary chair and convinced the majority caucus to pass the “flawed CD1,” Ihara said. 🗳️💔📜

As the 2023 bill introduction deadline approached, I asked Speaker Saiki if he was interested in the shield law. He was and told me to suggest a draft that he could introduce with support from journalists groups. I asked those who are now on the Hawaii Shield Law Committee about their interest. It was unanimous, but with some concerns about being mistreated by lawmakers on this issue in the past,” said Ihara. ⏰📝👥

“I am hopeful that HB1502 will be enacted and utilized by the Media Council and other journalist groups to engage the public on the role of media in American democracy.” 📚🇺🇸🗣️

Jeffrey S. Portnoy, a First Amendment attorney and member of the Shield Law Steering Committee who led the negotiations on the 2008 bill, told the Honolulu Star-Advertiser in an interview that when it first passed 15 years ago, it was considered by national pundits to be one of the most “progressive and media-friendly and reporter-friendly” shield laws in the country. 📚🏛️👍

“And then, in a move all too typical of last-minute legislative maneuvers, a sunset provision was inserted. And again, due to politics and certain lawmakers, the statute was allowed to sunset,” said Portnoy. “It is to this Legislature’s credit that after all these years it has agreed to reinstate the shield law and begin to provide statutory protections to journalists to protect their ability to report on important events without having to, in most cases, either become advocates for one side or another, or to reveal confidential sources. In an era in which Hawaii is continuing to face major allegations of corruption, this shield law will provide protections to journalists and their sources to … report and comment on significant public matters.” 🌅⚖️📰

In addition to Portnoy, the Shield Law Steering Committee includes Gerald Kato, who helped draft the 2008 bill and worked for 18 years as a TV and print journalist. Kato also taught journalism and communications for 32 years at the University of Hawaii before retiring in December. 📝📺🎓

The other members are Stirling Morita, president of the Society of Professional Journalists, Hawaii Chapter; and Chris Conybeare, president of Media Council Hawaii. 👥🏝️📚

Kato told the Star-Advertiser in an interview that he never thought he’d see the shield law come back in his lifetime. 🌅📜👀

While journalism has changed significantly since 2008, the need to protect journalists, journalism and their sources has not, Kato said, and there still needs to be permanent statutory protections. 🔄🔒📝

HB 1502 addresses many of these changes to the delivery of journalism without referring to specific technology. The shield law would protect the work of anyone engaged in activities disseminating information necessary in a democratic society. 📰🔄🔐

“At its heart, it’s a government accountability bill. By protecting journalists and their sources, we encourage people to disclose information about public and private wrongdoings,” said Kato. “It’s important in these times to have some incentive for people to come forward with information and for journalists to disclose that information without fear that they will be drawn into a civil or criminal proceeding as a result.” 🏛️🔍👥

So, we’re watching how this unfolds. Certainly, the bill would be a significant step for press freedom in our state, making it easier for journalists to do their work without worrying about revealing their sources. Plus, it would make the government more accountable, which is always a good thing. 🤙🗞️🕵️‍♀️

So, Gov. Green, the ball is in your court. Will you sign this bill into law? We’re waiting, and all the hardworking journalists in the state, and all the people who depend on their reporting, are waiting too. 💭🖋️

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