I. Introduction: History & Background

In 2008 the Hawai`i legislature passed, and the Governor signed, a new shield statute.  The new law became effective on July 2, 2008.

Before the passage of the shield statute, it was uncertain whether Hawai'i recognized the privilege of a journalist not to disclose his or her source(s) of information. In the only reported appellate case on the issue, the Hawai'i Supreme Court declined to recognize a First Amendment or evidentiary privilege under the facts of that case. In re Goodfader, 45 Haw. 317, 367 P.2d 472 (1961). However, the Goodfader case was decided prior to Branzburg v. Hayes, 408 U.S. 665 (1972). Subsequent to Branzburg, a Hawai'i trial court applied the privilege to bar discovery of unpublished photographs taken by a newspaper photographer. Belanger v. City and County of Honolulu, Civil No. 93-4047-10 (Haw. 1st Cir. Ct. May 4, 1994).