Bill Text: HI SB1618 | 2025 | Regular Session | Introduced
Bill Title: Relating To Journalism.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Introduced) 2025-01-23 - Introduced. [SB1618 Detail]
Download: Hawaii-2025-SB1618-Introduced.html
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THE SENATE |
S.B. NO. |
1618 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to journalism.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
The legislature further finds that it is a matter of statewide concern pursuant to article X, section 6, of the Hawaii State Constitution, to require the board of regents to analyze and determine the effectiveness of the media ethics course required for a bachelor of arts in journalism at the university of Hawaii at Manoa college of social sciences.
Therefore, the purpose of this Act is to promote responsible journalism by:
(1) Establishing baseline ethical standards and transparency requirements for journalists, editors, or news media outlets operating in Hawaii, while protecting their rights to exercise freedom of speech or freedom of the press; and
(2) Directing the board of regents of the university of Hawaii to conduct an analysis of the degree requirements for a bachelor of arts in journalism at the university of Hawaii at Manoa college of social sciences.
SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
journalistic
Integrity and ethics
§ -1 Applicability. This chapter shall apply to all news media outlets operating within the State, including traditional print, broadcast, and digital media; provided that independent journalists and bloggers with a readership of fewer than 10,000 per month shall be exempt from this chapter.
§ -2 Definitions. As used in this chapter:
"Board" or "review board" means the journalistic ethics review board.
"Commission" means the journalistic ethics commission.
"Department" means the department of commerce and consumer affairs.
"Journalistic code of ethics" means the code of ethics and other standards of conduct described in section -4(a).
"Small news media outlet" means a news media outlet:
(1) Headquartered in the State;
(2) Doing business in the State for not less than years; and
(3) Employing or more residents with income subject to taxation pursuant to chapter 235.
§ -3 Journalistic ethics commission; established; composition; duties. (a) There is established within the department a journalistic ethics commission. The commission shall consist of members to be appointed or removed by the governor as provided in section 26-34; provided that the commission shall include at least:
(1) One member who is a professor of journalism from the university of Hawaii school of communication and information;
(2) One member representing print media;
(3) One member representing broadcast television;
(4) One member representing broadcast radio;
(5) One member representing digital media, including social media; and
(6) One member representing the public.
(b) The chairperson of the commission shall be elected by the majority of the members of the commission. The term of each member of the commission shall be years. No person shall be appointed consecutively to more than two terms as a member of the commission. A vacancy on the commission shall be filled for the remainder of the unexpired term in the same manner as the original appointment.
(c) The members of the commission shall serve without pay but shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in carrying out their duties.
(d) The commission shall have the following powers and duties:
(1) The commission shall render advisory opinions upon request as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the journalistic code of ethics;
(2) The commission shall administer the journalistic code of ethics, subject to the procedural requirements of this chapter and any rules adopted thereunder;
(3) The commission may adopt, amend, and repeal any rules, not inconsistent with this chapter, that in the judgment of the commission seem appropriate for the implementation of this chapter and for the efficient administration thereof, including every matter or thing required to be done or which may be done with the approval, consent, order, direction, supervision, or prescription of the commission; provided that the rules, when adopted as provided in chapter 91, shall have the force and effect of law;
(4) The commission shall distribute its publications without cost to the public and initiate and maintain programs with the purpose of educating the citizenry, legislators, and the news media industry on matters of ethics in journalism;
(5) The commission shall enforce penalties recommended by the review board; and
(6) The commission shall submit an annual report summarizing the outlook of media ethics compliance in the State to the legislature no later than twenty days prior to the convening of each regular session.
§ -4 Journalistic code of ethics; ethical standards; AI-generated or AI-manipulated content; training requirements. (a) A journalist, editor, or news media outlet shall:
(1) Comply with the code of ethics adopted by the Society of Professional Journalists;
(2) Prominently label a story, video, or audio segment that contains AI-generated or AI-manipulated content;
(3) Not use an AI tool to impersonate an individual or misrepresent facts; and
(4) Comply with any additional standards adopted by the commission.
(b) All news media outlets shall provide periodic journalistic ethics training for journalists and editors in their employ, including contracted journalists or editors, based on:
(1) The standards adopted by the Society of Professional Journalists; and
(2) Any additional standards adopted by the commission; provided that the department shall provide assistance to small and nonprofit news media outlet in obtaining grants and other financial support in providing the training pursuant to this subsection.
§ -5 Journalistic ethics review board; established; duties. (a) There is established a journalistic ethics review board for the State.
(b) The board shall consist of members who shall be:
(1) Residents of the State;
(2) Appointed to terms of years each; and
(3) Removable by the governor pursuant to section 26-34.
Notwithstanding section 26-34, no member shall be appointed to the board for more than three consecutive terms. The governor shall designate a member of the board to act as its chairperson.
(b) The board shall establish and administer a public reporting and dispute resolution program that shall include:
(1) A dedicated hotline and online reporting system to file complaints related to violations of the journalistic code of ethics described in section ‑4(a); and
(2) A complaint and appeals process for a person to file a complaint or an appeal of the board's determination with the board to challenge a journalist, editor, or news media outlet believed to have violated the journalistic code of ethics or any rules adopted by the journalistic ethics commission; provided that the board shall:
(A) Acknowledge receipt of the person's filed appeal within five business days;
(B) Conduct an investigation and provide a written determination within thirty calendar days; and
(C) If the board determines that a journalist, editor, or news media outlet has violated the journalistic code of ethics or any rules adopted by the commission, recommend a penalty for non-compliance.
(c) The board shall be within the department of commerce and consumer affairs for budgetary and administrative purposes. All members of the board shall be exempt from chapters 76 and 89.
§ -6 Penalties. Any journalist, editor, or news media outlet
in violation of this chapter may be subject to the following for a second
violation and each violation thereafter:
(1) A public notice of non-compliance;
(2) A fine of not less than $ for each separate offence;
(3) Suspension or revocation of state media privileges, including press credentials for government-sponsored events; or
(4) Any combination of the foregoing, as deemed appropriate by the review board;
provided that each day of each violation shall be deemed a separate offense.
§ -7 Protection of journalistic independence. (a) The State shall not deny or interfere with a journalist's, editor's, or news media outlet's right to exercise freedom of speech or freedom of the press. A journalist, editor, or news media outlet shall not be disciplined for acting in accordance with this chapter. A journalist, editor, or news media outlet shall be responsible for determining the news, opinion, feature, and advertising content of their publication.
(b) Nothing in this chapter shall be construed to authorize or protect expression that:
(1) Is libelous or slanderous;
(2) Constitutes a clearly unwarranted invasion of personal privacy;
(3) Violates state or federal law;
(4) Is obscene; or
(5) So incites a clear and present danger of the commission of an unlawful act; provided that the determination of a risk of material and substantial disruption shall be based upon specific facts and not on undifferentiated fear or apprehension of disturbance."
SECTION 3. (a) The board of regents shall conduct an analysis of the degree requirements for a bachelor of arts in journalism at the university of Hawaii at Manoa college of social sciences to determine:
(1) The validity and effectiveness of the credit hours of ethics currently required for one to earn a bachelor of arts in journalism; and
(2) Whether more credit hours of ethics should be required.
(b)
The board of regents shall submit a report of its findings and
recommendations regarding their analysis, including any proposed legislation,
to the legislature no later than twenty days prior to the convening of the
regular session of 2026.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DCCA; UH; BOR; Journalistic Ethics Commission; Journalistic Ethics Review Board; College of Social Sciences; Journalism; Public Reporting; Dispute Resolution; Complaint; Ethics; Reports; Penalties
Description:
Establishes a Journalistic Ethics Commission within the Department of Commerce and Consumer Affairs. Establishes a Journalistic Code of Ethics. Requires news media outlets to provide training in the ethics of journalism to journalists and editors in their employ. Establishes a Journalistic Ethics Review Board to be administratively attached to the Department of Commerce and Consumer Affairs. Requires the Journalistic Ethics Review Board to handle complaints and appeals regarding violations of the Journalistic Code of Ethics. Requires the Journalistic Ethics Commission to submit annual reports to the Legislature. Establishes penalties for violations. Requires the Board of Regents of the University of Hawaii to conduct an analysis of the journalism program at the University of Hawaii at Manoa College of Social Sciences. Requires the Board of Regents to report to the Legislature.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
