Media Coalition Urges Hawaii Legislature to Protect Rights of Authors and Publishers

Media Coalition [1] is calling on Hawaii’s House Judiciary Committee to respect the First Amendment rights of authors and publishers of visitor guidebooks and websites. The coalition, whose members include the American Booksellers Foundation for Free Expression [2], submitted testimony [3] this week asking lawmakers to reconsider legislation that would impose civil liability on writers and publishers of travel guides that “invite, attract, or encourage” readers to visit a destination by depicting or describing any of the state’s natural attractions if a reader who trespasses en route suffers an injury or death. Media Coalition noted that “an invitation or encouragement can be as simple as a picture or a descriptive passage.”

If enacted, House Bill 548 [4] and its companion, Senate Bill 1207 [5], would apply to books, magazines, advertisements, websites, Twitter feeds, and blogs.

Hawaii’s Senate recently amended SB1207 to include a task force to study the relationship between trespassing and injuries or deaths that occur on private property. Media Coalition has recommended that the House follow the Senate’s lead by amending HB548. The House Judiciary Committee was scheduled to consider the bill on Tuesday, March 1, and at press time the outcome was still unknown.

The material targeted by Hawaii’s legislation is protected by the First Amendment, and imposing third-party liability would have a substantial chilling effect on publishers, authors, and website operators. “The prospect of being responsible for the behavior of each reader or viewer will surely frighten publishers, websites, and authors into silence,” said Media Coalition Executive Director David Horowitz. “This legislation shields individuals from the consequences of their behavior and shifts that responsibility onto speakers. Publishers and authors should not shoulder the costs of readers’ actions.”

Media Coalition submitted testimony [6] to each House and Senate committee that has heard the legislation. The testimony advises Hawaiian lawmakers of relevant case law and urges them to protect the First Amendment rights of publishers, authors, and website operators by opposing or amending the bills. Media Coalition’s website [6] provides more information on the legislation.

Other members of Media Coalition are the Association of American Publishers, the Freedom to Read Foundation, the Comic Book Legal Defense Fund, the Entertainment Consumers Association, the Entertainment Merchants Association, the Entertainment Software Association, the Motion Picture Association of America, the National Association of Recording Merchandisers, and the Recording Industry Association of America.