Bill Text: HI HB2016 | 2012 | Regular Session | Introduced
Bill Title: Evidence; News and Broadcast Media Privilege
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-02 - (H) The committee(s) on JUD recommend(s) that the measure be deferred. [HB2016 Detail]
Download: Hawaii-2012-HB2016-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2016 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EVIDENCE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Act 210, Session Laws of Hawaii 2008, as amended by Act 113, Session Laws of Hawaii 2011, is amended by amending section 1 to read as follows:
"SECTION 1. Chapter 621, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§621- [Limitation on compellable
testimony from journalists and newscasters;] News media and broadcast privilege;
exceptions. (a) A [journalist or newscaster] person presently
or previously employed by or otherwise professionally associated with any
newspaper, periodical, or magazine or any digital version thereof
operated by the same organization, news agency, press association, wire
service, or radio or television transmission station or network[,] as
a journalist, newscaster, bona fide owner, or editor who receives or has
received income from legitimate gathering, writing, editing, processing, interpreting,
announcing, or broadcasting of news or information for communication to the
public shall not be required by a legislative, executive, or judicial
officer or body, or any other authority having the power to compel testimony or the production of evidence, to disclose, by subpoena or otherwise:
(1) The source, or information that could reasonably
be expected to lead to the discovery of the identity of the source, of any
published or unpublished, broadcasted or unbroadcasted, information
obtained by the person while so employed or professionally associated in the
course of [gathering, receiving, or processing information for communication
to the public; or] the person's employment or professional association;
or
(2) Any unpublished or unbroadcasted information
obtained or prepared by the person while so employed or professionally
associated in the course of [gathering, receiving, or processing information
for communication to the public.] the person's employment or professional
association.
(b) The limitation on compellable testimony established by this section may also be claimed by and afforded to any individual who can demonstrate by clear and convincing evidence that:
(1) The individual 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;
(2) The position of the individual is materially similar or identical to that of a journalist or newscaster, taking into account the method of dissemination;
(3) The interest of the individual in protecting the sources and unpublished information under subsection (a) is materially similar to the interest of the individuals referenced under subsection (a); and
(4) The public interest is served by affording the protections of this section in a specific circumstance under consideration.
(c) This section shall not apply if:
(1) Probable cause exists to believe that the person claiming the privilege has committed, is committing, or is about to commit a crime;
(2) The person claiming the privilege has observed the alleged commission of a crime, but if:
(A) The interest in maintaining the privilege granted by this section outweighs the public interest in disclosure; and
(B) The commission of the crime is the act of communicating or providing the information or documents at issue,
then the privilege granted by this section may be asserted;
(3) There is substantial evidence that the source or information sought to be disclosed is material to the investigation, prosecution, or defense of a felony, or to a civil action for defamation, and the source or information sought is:
(A) Unavailable, despite exhaustion of reasonable alternative sources;
(B) Noncumulative; and
(C) Necessary and relevant to the charge, claim, or defense asserted;
(4) The information sought to be disclosed is critical to prevent serious harm to life or public safety; or
(5) The source consents to the disclosure of unpublished documents or other tangible materials provided by the source.
(d) No fine or imprisonment shall be imposed against a person claiming the privilege pursuant to this section for refusal to disclose information privileged pursuant to this section.""
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Evidence; News and Broadcast Media Privilege
Description:
Amends the title of Act 210, Session Laws of Hawaii 2008, to read news and broadcast media privilege. Expands the application of the Act to expressly include bona fide owners or editors of news or broadcast media entities. Clarifies that, where applicable, the news and broadcast media privilege will shield a journalist, newscaster, owner, or editor of a news or broadcast media entity from being compelled to testify or produce the source of information whether or not it has been published or broadcasted, or any unpublished or unbroadcasted information.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
