The Hawaii legislature passed a reporters' shield bill Tuesday that will protect both traditional and non-traditional journalists from compelled disclosure of their confidential sources and information and materials obtained or prepared during the newsgathering process. In one sense, this shield bill is a positive step forward, as it expressly contemplates that online publishers carrying out journalistic functions will take advantage of its protections. On the other hand, the bill places too many limitations on the ability of non-traditional journalists to invoke its protection.
Section 621(b) of the bill allows anyone to claim the protection afforded to traditional journalists if that individual can show that:
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