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The Honolulu Advertiser
Posted on: Friday, February 1, 2008

Shield law for journalists: Will it protect bloggers?

Associated Press

Hawai'i journalists would be protected from being forced to reveal their confidential sources, notes and recordings under several measures being considered at the state Capitol.

The proposed shield law would try to spare journalists from being prosecuted when they withhold the identity of a source from the courts or other government bodies.

"For the First Amendment freedom of the press to have any real meaning, journalists need to have some protection from compelled disclosure of sources," said Rep. Blake Oshiro, D-33rd ('Aiea, 'Aiea Heights, Halawa Valley). "That's the only way people will feel free to be open and honest with journalists."

Without a shield law, journalists can be jailed for contempt of court when they refuse to comply with a judge's order to disclose information.

Malia Zimmerman of www.Hawaiireporter.com is fighting a subpoena of her notes and records from her investigative reporting into the March 14, 2006, failure of Kaloko Dam on Kaua'i, which unleashed a 20-foot-high wave that killed seven people.

Her notes and records are being sought by the dam's owner, James Pflueger, as he builds his defense against lawsuits from the victims' families.

None of the proposed bills specifically protect bloggers or Web reporters.

"It's time for Hawai'i to have a shield law," said her attorney, Jeff Portnoy. "Once you get over that, the issue is what should a shield law say?"

One measure shelters all reporters who meet the requirement that they have "complied with and met applicable standards of journalism ethics."

Another version of the shield bill broadly defines a journalist as anyone who gathers news and regularly distributes it to the public using various media, including the Internet.

Thirty-three states and the District of Columbia have shield laws, but most of them were written before anyone could create a Web site to write about events.

"It's clear online journalism has to be covered because that line between your daily newspaper and your hourly Web site doesn't exist anymore," said Ian Lind, who writes about state politics and other matters at www.iLind.net. "You can't really protect one method of news transmission without protecting them all."

The bills' prospects in the Legislature are unclear. Lawmakers will have to clarify who qualifies as an authentic journalist, and they'll also need to debate exactly which government bodies the news media are protected from, Portnoy said.

Some journalists fear any government regulation of their profession, which does not require a license or university degree.

"If you ware gathering and reporting news in a legitimate way, then you should be accorded some shield from somebody who just wants to stop the publication of that news," said Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai).

A shield law will be difficult to pass without a concerted effort from the owners of the state's television, radio and print media, Portnoy said.

A hearing on the first shield bill could be scheduled as soon as next week, Oshiro said.