SPJ opposes Hawaii bill that would penalize journalists for violating ethical standards
News Release from SPJ, Jan 27, 2025
INDIANAPOLIS – Members of the Hawaii Senate last week introduced a bill (SB1618) that would subject journalists operating in the state to penalties for ethical violations as determined by two newly established journalism regulatory panels. The Society of Professional Journalists views this legislation as patently unconstitutional and calls for the Hawaii Legislature to remove it from consideration.
The bill’s claims that it would protect journalists’ rights “to exercise freedom of speech or freedom of the press” are contradicted by the legislation’s very existence. It is not possible to protect freedom of the press from state entanglement by subjecting work of the press to state-established rules.
SPJ is troubled that Hawaii lawmakers propose using its Code of Ethics to abridge press freedom. Under the legislation, journalists would be required to follow the SPJ Code. The bill would create a state journalistic ethics commission and review board to investigate complaints and impose penalties for violations. This proposal goes against SPJ’s values. The SPJ Code of Ethics was created as guidance for journalists rather than rules requiring compliance.
“While the Society of Professional Journalists is flattered that the Hawaii State Legislature recognizes the SPJ Code of Ethics as a gold standard for journalistic integrity, we must strongly oppose any attempt to use our Code as a tool for policing journalists through legislation,” said SPJ National President Emily Bloch. “Such measures fundamentally contradict the principles of the First Amendment and the freedom of the press.
“Journalists must remain free from government interference in order to serve the public effectively, hold the powerful accountable and protect democracy,” Bloch continued. “This proposed legislation not only undermines press freedom but also threatens the very foundation of ethical, independent journalism.”
SPJ has no power to require journalists, including its members, to adhere to the Code. Nor does any other entity, including Hawaii’s proposed journalism ethics panels. Doing so would violate the First Amendment of the U.S. Constitution, which grants the press unfettered freedom to produce news and information without government interference.
SPJ assumes the bill is well-intentioned. It identifies serious problems in today’s information ecosystem, such as the amplification of misinformation because of advancements in deepfake technology and generative artificial intelligence.
SPJ acknowledges the seriousness of these issues and the purported goals of the legislation: combating misinformation, rebuilding trust in the press and protecting the privacy of citizens and equipping them with tools to adapt to the digital age.
However, the prominent membership organization with a strong presence across the country and internationally does not believe the path to achieving these goals requires abridging press freedom. SPJ welcomes constructive input from Hawaii legislators on addressing challenges in journalism while upholding our constitutionally protected rights. The SPJ Code of Ethics is a statement of abiding principles supported by additional explanations and position papers that address changing journalistic practices. It is not a set of rules, but rather a guide that encourages all who engage in journalism to take responsibility for the information they provide, regardless of medium. The code should be read as a whole; individual principles should not be taken out of context. It is not, nor can it be under the First Amendment, legally enforceable.
SPJ champions journalists by recognizing outstanding achievement, fighting to protect press freedom, promoting high ethical standards and educating new generations of emerging professionals. Support excellent journalism and fight for your right to know. Become a member and give to the Legal Defense Fund, First Amendment Forever Fund or SPJ Foundation.
-END-
SB1618: Text, Status