State Senate: Democratic majority
State House: Democratic majority
Governor: Josh Green (D)
Attorney General: Anne Lopez (D)
Summary:
As deep-blue as the waters that surround its islands, Hawaii has followed along the path of many other Democrat-dominated states. It has recently passed laws to limit the use of generative AI and deepfakes in elections, and in response to the devastating fires in August 2023, a new law removing the ability of the Governor or a mayor to suspend electronic media transmission during a state of emergency, while explicitly retaining many other emergency powers, including forceable quarantine, mandatory evacuation, and shutting off utilities.
Key Policymakers:
- Rep. Linda Ichiyama [D] and Rep. Mahina Poepoe [D]
- Sen. Karl Rhoads [D] and Sen. Angus McKelvey [D]
Legislative Activity:
HB 1333/SB 1432: Prohibits social media platforms from engaging in censorship of candidates for elected office and other users. Introduced by Rep. Diamond Garcia [R] and Sen. Brenton Awa [R] in 2023 but did not progress.
SR 132: Requesting the Hawaii Professional Chapter Of The Society Of Professional Journalists to recommend a process that individuals can utilize to evaluate and identify whether or not news sources adhere to ethical and objective standards. This bipartisan resolution was introduced by Sen. Chris Lee [D] and Sen. Kurt Fevella [R] in March 2024 and passed the Senate with a voice vote in April.
HR 23: Resolution Declaring Disinformation And Digital Hate Speech As Threats To Democracy And Urging Departments And Agencies To Address These Threats. This Democrat-only resolution was offered by Rep. Jeanne Kapela [D] in March 2024 and was voted favorably out of committee.
HB 2581/ SB 2173 (Signed into Law): Removes the ability of the Governor or a mayor to suspend electronic media transmission during a state of emergency or local state of emergency while retaining many other emergency powers, including forceable quarantine, mandatory evacuation, and shutting off utilities. HB 2581 offers an edited version of the existing statute text that removes the additional Governor and Mayoral powers related to suspending electronic media transmission in a state of emergency. “Electronic media” as described in current law potentially includes radio, television, internet, cable, cell service, text messaging and social media transmissions. Introduced by Rep. Linda Ichiyama [D] and Rep. Mahina Poepoe [D] in January 2024 and passed both chambers. The governor initially signaled his intent to veto, but ultimately signed the law on July 9, 2024.
HB 1734: Requires any campaign advertisement that contains any image, video footage, or audio recording that is created with the use of generative artificial intelligence to include a disclosure statement regarding the use of that technology. Subjects violators to administrative fines. Republican-only bill introduced by Rep. Gene Ward [R] in January 2024 but has not progressed.
SB 2687 (Signed into Law): Prohibits a person from recklessly distributing, or entering into an agreement with another person to distribute, between the first working day of February in every even-numbered year through the next general election, materially deceptive media in reckless disregard of the risk of harming the reputation or electoral prospects of a candidate in an election or changing the voting behavior of voters in an election, unless a disclosure is used. Subject to certain exceptions. Establishes criminal penalties and civil remedies for distributing materially deceptive media. Introduced by Sen. Karl Rhoads [D] and Sen. Angus McKelvey [D] in January 2024, passed both chambers unanimously, and signed into law on July 5, 2024.
SB 2309: Establishes the Hawaii Age-Appropriate Design Code to promote privacy protections for children and ensure that online products, services, or features that are likely to be accessed by children are designed in a manner that recognizes the distinct needs of children at different age ranges. Establishes a Children’s Data Protection Working Group, administratively attached to the Department of the Attorney General, to assess and develop recommendations on the best practices for the implementation of the Hawaii Age-Appropriate Design Code. Establishes the Consumer Privacy Special Fund. Establishes penalties. Introduced by Sen. Brandon Elefante [D] and Sen. Kurt Fevella [R] in January 2024 but has not progressed.
Legal Actions:
Amicus Brief in Netchoice cases. On December 8, 2023 Attorney General Anne Lopez joined a coalition of 22 attorneys general urging the U.S. Supreme Court to make it clear that states have the authority to regulate social media platforms. The amicus brief was submitted in two cases currently before the Supreme Court—Moody v. NetChoice and NetChoice v. Paxton—which are challenges to laws passed in Florida and Texas. The amicus brief is not submitted in support of any party in the case but focuses on states’ important interests in regulating social media platforms to prevent harm to their residents.
The amicus brief submitted by Attorney General Lopez and the coalition of attorneys general explains that social media platforms present significant, diverse, and ever changing risks to Americans, especially the nation’s youth. To address these risks, states have taken action to protect minors from the risks posed by social media, to enforce data privacy and transparency requirements for platforms, and to combat the use of social media to facilitate human trafficking, the spread of child sexual abuse material, and the sale and distribution of fentanyl and other opioids. The amicus brief urges the U.S. Supreme Court to recognize states’ important interests in these areas and to avoid interpreting the First Amendment to immunize social media platforms from regulation. Joining Attorney General Lopez in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Illinois, Maryland, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
