Resurrected media access bill heads to Senate floor

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Senate lawmakers advanced a bill Wednesday that would, among other things, give greater access to media personnel covering natural disasters, amending it to include language recommended by the Hawaii Department of Defense.

“We felt as though it was very broad and there needed to be clarification in terms of the definition of who is a journalist,” said Lt. Col. Chuck Anthony, a DOD spokesman.

In February, Brig. Gen. Arthur Logan, director of the Hawaii Emergency Management Agency, testified against the measure, saying it would allow almost anyone, including bloggers, into a restricted area. In written testimony Thursday, however, Logan said he supported the intent and requested language that clarifies who is a journalist and ensures state and county agencies would not be held liable for injuries or bear the costs associated with related search and rescue operations.

Anthony said the liability issue came up during a consultation with the state Attorney General’s Office.

State Sen. Lorraine Inouye, D-Hilo, who co-introduced the measure on behalf of the Big Island Press Club and later resurrected it by having it inserted into a separate piece of legislation, said she hopes that with the recent amendments and DOD’s support, the bill will becomes law.

After twice being deferred, the measure appeared doomed. Last week, however, at Inouye’s request, a Senate committee amended House Bill 1344 — a measure that, when introduced, solely aimed at mitigating hazardous situations by appropriating funds for two additional DOD positions — by inserting the media access provision. Ironically, HB 1344 was sponsored by Rep. Gregg Takayama, D-Pearl City, the very representative who effectively killed the media access measure.

By a unanimous vote Thursday, the Senate Committee on Ways and Means recommended HB 1344 be passed with DOD’s requested amendments. It will head to the Senate floor Tuesday for a third reading, according to Inouye.

Karin Stanton, a board member of the Big Island Press Club and editor of Hawaii 24/7, said she is happy to see the bill make it this far and to have reached a point where a conversation involving all parties can continue. The whole intention, she said, is to allow for journalists and newscasters to work with government agencies instead of being shut out, as they were during the June 27 lava flow.

“It’s about sharing information that desperately needs to be shared,” she said.

In its current form, HB 1344 would amend Act 111, which went into effect only days before the flow emerged from Puu Oo, to allow news media, under the supervision of emergency management agency personnel, to cover the mitigation of hazardous situations and access areas that are closed to the general public.

Act 111 granted additional powers to the counties during emergencies and was used since the June 27 flow began threatening Pahoa to keep news media from accessing restricted areas, making it difficult for journalists to interview those most impacted by the disaster.

The amended bill would give journalists and newscasters “all reasonable access and assistance” in covering disasters and accessing closed areas. It also allows a pool writer, photographer or videographer to be used if full access cannot be reasonable granted.

Thursday’s amendment limits access to journalists and newscasters, defined as an “individual who has regularly and materially participated in the reporting or publishing of news or information of substantial public interest for the purpose of dissemination to the general public by means of tangible or electronic media.”

Stanton said she supports the amendment as it seeks to continue a decade-long discussion about who is a journalist.

Email Chris D’Angelo at cdangelo@hawaiitribune-herald.com.