Media Coalition Submits Testimony to Hawaii House Judiciary Committee on H.B. 548

FOR IMMEDIATE RELEASE

 

Contact: David Horowitz, Executive Director

                (212) 587-4025, ext. 3 or horowitz@mediacoalition.org     

 

Media Coalition Submits Testimony to Hawaii Legislature on Proposal to Hold Publishers and Authors Responsible for Readers’ Actions

 

February 28, 2011  (NEW YORK) – Media Coalition this morning submitted testimony to Hawaii’s House Judiciary Committee, urging lawmakers to respect the First Amendment rights of authors and publishers of visitors’ guide books and websites by reconsidering legislation currently before them. House Bill 548 and its companion, Senate Bill 1207, 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 one of the state’s many natural attractions if a reader who trespasses en route suffers an injury or death. An invitation or encouragement can be as simple as a picture or a descriptive passage. If enacted, the legislation would apply to traditional print media like books and magazines as well as to websites – including Twitter feeds and blogs – and advertisments. Recently, Hawaii’s Senate amended S.B. 1207 to establish a task force to study the relationship between trespassing and injuries or deaths that occur on private property. Media Coalition recommends that the House follow the Senate’s lead by amending H.B. 548. The Judiciary Committee will hear the bill on Tuesday.

 

When tied to protected expression, civil liability raises serious constitutional concerns. The material targeted by Hawaii’s legislation is clearly and fully protected by the First Amendment, and imposing third-party liability has a substantial chilling effect on publisers, 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.” Courts across the country have repeatedly barred or dismissed suits seeking civil damages against content creators and distributors as a result of an injury the victim claims was facilitated by speech. Even in cases where a person mimicked what he read or saw, courts have been unwilling to suspend the First Amendment and hold a writer liable for the actions of her audience.

 

Media Coalition has submitted testimony to each committee that has heard the legislation in the House and Senate. 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 provides more information on the legislation.

           

Media Coalition is a trade association that defends the First Amendment right to produce, sell, and consume the broadest possible range of opinion and entertainment in books, movies, magazines, recordings, DVDs, and video games. More information on Media Coalition’s efforts on behalf of content producers and distributors is available at  mediacoalition.org.

 
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