Hawaii Senate Bill 465, also known as the Steven Tyler Act, would create a civil cause of action for “constructive invasion of privacy” in the state of Hawaii. Tyler initiated–and is a proponent and vocal supporter of–the bill and will appear with fellow Hawaii resident Mick Fleetwood on Friday, February 8 as the bill is presented in a Senate hearing at the State Capitol in Honolulu, Hawaii. At this writing, the bill is being endorsed by 2/3 of the Senate.
The proposed bill (SB465) was modeled after the California Civil Code Section 1708.8, which was adopted by the California state legislature in 1998. SB465 would add a cause of action for constructive invasion of privacy in addition to the current cause of action for physical invasion of privacy in Hawaii. In the simplest terms, the proposed bill would provide a legal remedy for celebrities photographed while they are engaged in “personal or familial activity” and have a reasonable expectation of privacy. This new law would go beyond the more traditional invasion of privacy, which generally requires a physical trespass, by imposing liability on people who use zoom telephonic lenses or other high tech audio devices to capture images or audio of public figures as they are in their homes, or other private places, and then turn around and sell those images or audio files.
The ideals of the proposed bill, SB465, are already enshrined in the constitution of the State of Hawaii. Article 1, Section 6 grants the people the right of privacy, not to be infringed without a “compelling state interest.” Article 1, Section 7 goes further stating the “right of the people to be secure in their persons…against invasions of privacy shall not be violated.”
“The paradise of Hawaii is a magnet for celebrities who just want a peaceful vacation,” Tyler says. “As a person in the public eye, I know the paparazzi are there and we have to accept that. But when they intrude into our private space, disregard our safety and the safety of others, that crosses a serious line that shouldn’t be ignored.”
STEVEN TYLER allowed his name to be used for the bill after it was drafted by his attorney and manager, Dina LaPolt, at his bequest and presented to Senator J. Kalani English (Hana, East & Upcountry Maui, Molokai, Lanai and Kahoolawe) for consideration.