A bill introduced in the Hawaii Legislature would establish a state-sanctioned journalistic code of ethics and create a Journalistic Ethics Commission and Journalism Review Board that could fine journalists and ban them from covering state government.
Senate Bill 1618, which passed its first floor vote, was authored by Sen. Donna Mercado Kim, an Oahu Democrat and co-sponsored by seven others, including a pair of Big Island Democrats, Sens. Joy San Buenaventura and Tim Richards. It has not been scheduled for a hearing, but has been referred to a joint session of the Committees on Commerce and Consumer Protection, chaired by Sen. Jarrett Keohokalole (D-Oahu), and Higher Education, which Kim chairs.
The two regulatory bodies the bill would create would investigate complaints and impose penalties for violations.
The legislation requires journalists, editors and news media outlets to comply with the code of ethics adopted by the Society of Professional Journalists. It directs news media outlets to provide periodic journalistic ethics training for their journalists and editors. It also requires the University of Hawaii Board of Regents to conduct an analysis of UH’s journalism program and report to the Legislature.
Exempted are independent journalists and bloggers with fewer than 10,000 readers.
The national Society of Professional Journalists commented about the bill on its website, saying the organization “views this legislation as patently unconstitutional and calls for the Hawaii Legislature to remove it from consideration.”
“The bill’s claims that it would protect journalists’ rights ‘to exercise freedom of speech or freedom of the press’ are contradicted by the legislation’s very existence,” the SPJ said in its statement. “It is not possible to protect freedom of the press from state entanglement by subjecting work of the press to state-established rules.
“SPJ assumes the bill is well-intentioned. It identifies serious problems in today’s information ecosystem, such as the amplification of misinformation because of advancements in deep-fake technology and generative artificial intelligence.”
SPJ noted it has no power to enforce its own code, even among members, and said any attempt by government to do so is unconstitutional.
“While the Society of Professional Journalists is flattered that the Hawaii State Legislature recognizes the SPJ Code of Ethics as a gold standard for journalistic integrity, we must strongly oppose any attempt to use our code as a tool for policing journalists through legislation,” said SPJ National President Emily Bloch. “Such measures fundamentally contradict the principles of the First Amendment and the freedom of the press.”
Jeff Portnoy, a Honolulu attorney who represents several news media outlets and authored the book “Mass Communication Law in Hawaii,” described the measure as “a ridiculous, absurd, unconstitutional, embarrassing piece of legislation.”
“It’s already generated nationwide scorn that any legislature or legislator would even attempt to introduce a piece of legislation like this, which is an unprecedented attempt to censor and punish journalists. It’s just unheard of,” Portnoy said.
“There are portions of it that are worth discussion but not at a legislative level,” he continued. “One can argue who are journalists and what do you do with someone who sits in front of a home computer and spits out false stories. One can argue about that, but there are mechanisms for that — defamation lawsuits and invasion of privacy lawsuits that are handled in the courts.”
Tiffany Edwards Hunt, president of the Big Island Press Club — a watchdog for openness in government and freedom of the press — asked, rhetorically, “Are these senators just signing off on things they haven’t read?”
“I can’t believe that we have a Legislature that has decided that they are pretty much above the Sunshine Law suddenly deciding that they want to regulate journalists,” she said, referring to the state’s open meetings law — which state and county boards and commissions as well as county councils are subject to — although the Legislature exempted itself from the law.
“It is unconstitutional. It is a violation of the First Amendment,” Edwards Hunt continued. “There’s a lot of things that I don’t think they’ve really thought through — and they really didn’t think through that we, in a democracy, have a free press. And it’s ridiculous to have a Journalistic Ethics Commission, but again, we have a Legislature that doesn’t want to abide by the Sunshine Law.”
The Tribune-Herald reached out to Kim, San Buenaventura and Richards, but none responded in time for this story.
Disclosure: John Burnett is immediate past president of the Big Island Press Club.
Email John Burnett at jburnett@hawaiitribune-herald.com.
