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Media Shield Law lives to see another two years

By Nancy Cook Lauer

It went right down to the wire, but it looks like SPJ-Hawaii was able to salvage the state's Shield Law, at least for another two years. The law, which protects sources, raw video, audio and notes by preventing a court from forcing a journalist or blogger to reveal them, passed the Legislature in 2009 but was scheduled to lapse June 30.

While lobbying in support of or opposition to bills is a routine function of SPJ during the legislative session, this year required a pull-out-all-stops approach just to get the bill (HB 1376) heard in the Senate. The holdup was Sen. Clayton Hee, a Kahuku, Laie, Kaaawa, Kaneohe Democrat who chairs the Senate Judiciary and Labor Committee.

The House version, sponsored by both the majority and minority leadership, unanimously passed the House on March 4 and was sent to the Senate. There it sat for another month, with Hee declining to schedule it for his committee. A concerted campaign of telephone calls, personal visits and emails by SPJ board members, attorney Jeff Portnoy and a dozen SPJ member print, broadcast and online media outlets finally got the bill scheduled just hours before the bill cutoff deadline. Talk about a nail-biter!

SPJ had hoped to make the Shield Law permanent, after a three-year trial period proved the measure didn’t do any harm and helped ensure a free press. But the Senate amended the measure to give it another two-year trial, after the state Judiciary raised the same issues it had raised in 2009. The Judiciary wants all changes to the rules of evidence to go through its own committee and amendment procedure.

Interestingly enough, after raising those same arguments in 2009, the Judiciary failed to take advantage of the last two-year trial. But this time, it is required by the bill to do its research and bring a report to the Legislature no later than 20 days prior to the 2012 session.

The amended version passed both houses with Sen. Malama Solomon, D-Waimea, Hamakua, Hilo, the only dissenter.

A huge sigh of relief all around. But, as famed coach Yogi Berra said, “It ain’t over ‘til it’s over.”

Assuming Gov. Neil Abercrombie signs the bill or allows it to become law without his signature, we still get to do it all over again. If not next year, then the year after that.

Nancy Cook Lauer is SPJ vice president, neighbor island representative and a reporter for West Hawaii Today.


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