RELATING TO JOURNALISM.

SB1618

THE SENATE

S.B. NO.

1618

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to journalism
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

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SECTION 1.
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The
legislature finds that in today's rapidly evolving media landscape, the need
for ethical standards in journalism has never been more urgent.
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The rise of social media, deepfake
technologies, and generative AI has amplified the spread of misinformation,
posing new challenges for journalism and public trust.
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Pew Research data shows a significant decline
in public confidence in media, underscoring the importance of fostering transparency
and accountability through ethical journalistic practices.
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Traditional journalism, though valuable,
often falls short in addressing the ethical dilemmas presented by emerging
technologies.
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The legislature believes
that strengthening ethical standards for media outlets will enable the State to
combat misinformation, rebuild trust, protect the privacy of citizens, and
equip them with the necessary tools to adapt to the digital age.

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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.

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Therefore, the purpose of this Act is to
promote responsible journalism by:

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(1)
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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

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(2)
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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.

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SECTION 2.
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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

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Applicability.
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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.

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Definitions
.
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As used in this chapter:

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"Board" or "review
board" means the journalistic ethics review board.

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"Commission" means the
journalistic ethics commission.

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"Department" means the department
of commerce and consumer affairs.

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"Journalistic code of ethics"
means the code of ethics and other standards of conduct described in section
-4(a).

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"Small news media outlet" means a
news media outlet:

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(1)
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Headquartered
in the State;

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(2)
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Doing
business in the State for not less than years;
and

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(3)
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Employing
or more residents with income subject to
taxation pursuant to chapter 235.

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Journalistic ethics commission;
established; composition; duties.
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(a)
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There is established within the department a
journalistic ethics commission.
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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:

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(1)
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One
member who is a professor of journalism from the university of Hawaii school of
communication and information;

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(2)
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One
member representing print media;

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(3)
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One
member representing broadcast television;

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(4)
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One
member representing broadcast radio;

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(5)
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One
member representing digital media, including social media; and

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(6)
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One
member representing the public.

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(b)
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The chairperson of the commission shall be elected by the majority of
the members of the commission.
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The term
of each member of the commission shall be years.
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No person shall be appointed consecutively to
more than two terms as a member of the commission.
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A vacancy on the commission shall be filled
for the remainder of the unexpired term in the same manner as the original
appointment.

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(c)
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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.

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(d)
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The commission shall have the following powers and duties:

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(1)
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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;

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(2)
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The
commission shall administer the journalistic code of ethics, subject to the
procedural requirements of this chapter and any rules adopted thereunder;

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(3)
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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;

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(4)
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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;

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(5)
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The
commission shall enforce penalties recommended by the review board; and

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(6)
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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.

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Journalistic code of ethics; ethical
standards; AI-generated or AI-manipulated content; training requirements.
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(a)
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A journalist, editor, or news media outlet shall:

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(1)
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Comply
with the code of ethics adopted by the Society of Professional Journalists;

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(2)
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Prominently
label a story, video, or audio segment that contains AI-generated or AI-manipulated
content;

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(3)
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Not
use an AI tool to impersonate an individual or misrepresent facts; and

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(4)
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Comply
with any additional standards adopted by the commission.

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(b)
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All
news media outlets shall provide periodic journalistic ethics training for
journalists and editors in their employ, including contracted journalists or
editors, based on:

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(1)
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The
standards adopted by the Society of Professional Journalists; and

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(2)
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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.

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Journalistic ethics review board;
established; duties.
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(a)
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There is established a journalistic ethics
review board for the State.

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(b)
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The board shall consist of members who
shall be:

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(1)
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Residents
of the State;

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(2)
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Appointed
to terms of years each; and

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(3)
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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.
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The governor shall
designate a member of the board to act as its chairperson.

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(b)
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The board shall establish and administer a public reporting and dispute
resolution program that shall include:

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(1)
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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

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(2)
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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:

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(A)
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Acknowledge
receipt of the person's filed appeal within five business days;

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(B)
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Conduct
an investigation and provide a written determination within thirty calendar
days; and

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(C)
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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.

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(c)
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The board shall be within the department of commerce and consumer
affairs for budgetary and administrative purposes.
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All members of the board shall be exempt from
chapters 76 and 89.

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Penalties.
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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:

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(1)
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A
public notice of non-compliance;

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(2)
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A
fine of not less than
$ for each separate
offence;

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(3)
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Suspension
or revocation of state media privileges, including press credentials for
government-sponsored events; or

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(4)
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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.

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Protection of journalistic independence.
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(a)
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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.
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A journalist, editor, or news media outlet
shall not be disciplined for acting in accordance with this chapter.
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A journalist, editor, or news media outlet
shall be responsible for determining the news, opinion, feature, and
advertising content of their publication.

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(b)
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Nothing in this chapter shall be construed to authorize or protect
expression that:

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(1)
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Is
libelous or slanderous;

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(2)
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Constitutes
a clearly unwarranted invasion of personal privacy;

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(3)
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Violates
state or federal law;

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(4)
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Is
obscene; or

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(5)
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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."

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SECTION 3.
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(a)
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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:

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(1)
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The
validity and effectiveness of the credit hours of ethics currently required for
one to earn a bachelor of arts in journalism; and

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(2)
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Whether
more credit hours of ethics should be required.

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(b)
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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.

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SECTION 4.
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This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

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.
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Establishes a Journalistic Code
of Ethics.
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Requires news media outlets
to provide training in the ethics of journalism to journalists and editors in
their employ.
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Establishes a Journalistic
Ethics Review Board to be administratively attached to the Department of
Commerce and Consumer Affairs.
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Requires
the Journalistic Ethics Review Board to handle complaints and appeals regarding
violations of the Journalistic Code of Ethics.
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Requires the Journalistic Ethics Commission to submit annual reports to
the Legislature.
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Establishes penalties
for violations.
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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.
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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.