Hawaii State Senate Sanctions Steven Tyler Act On Privacy of Celebrities

Hawaii State Senate passed the Steven Tyler Act Tuesday, which protects all celebrities from paparazzi and journalists taking pictures and videos of them on their private properties, according to the Hawaii Reporter.

Tyler, front-man and lead singer of the Boston-based rock band, Aerosmith, proposed the act to protect all celebrities agains the prying eyes of the parazzii. Tyler proposed the act after his pictures with girlfriend at his multimillion dollar home in Maui were taken secretly and published in a national magazine, causing a family drama.

The act refrains anyone from taking unauthorized pictures, videos or recordings of the celebrities and public officials while on their private properties. The act was supported by 23 out of 25 Senate members and it awaits further approval of the House.

During the hearing of the bill at the Senate Judiciary and Labor Committee, Tyler was accompanied by Mick Fleetwood of Fleetwood Mac, and their attorney, who testified in favor of the bill.

"First and foremost, being a personality no matter where we go we get shot. It is just part of the deal and it is ok. It kind of drives us crazy, but as my mom said, 'you asked for it Steven,'" Tyler said at the hearing, according to the report. "But when I am in my own home and I am taking a shower or changing clothes or eating or spending Christmas with my children, and I see paparazzi a mile away at La Paruse shooting at me with lenses this long and then seeing that same picture in People magazine, it hurts. My kids don't want to go out with me and this Christmas was one of the first times that I got them all together at the house. It meant so much to me."

Besides Tyler and Fleetwood, several other celebrities testified in favor of the bill to the Hawaii Senate Judiciary and Labor Committee. Other celebrities who joined the cause included Britney Spears, Neil Diamond, Avril Lavigne, Tommy Lee of Motley Crew, Fred Coury of Cinderella, Frankie Banali of Quiet Riot, Darren Dizzy Reid of Guns N Roses, actress Margaret Cho, Kat Von D and members of the Osborne family including Jack, Sharon, Kelly and Ozzy, according to the report in Hawaii Reporter.

The Steven Tyler Act was opposed by two Senate members: Sen. Les Ihara, D-Kapahulu, and Sen. Sam Slom, R-Hawaii Kai. Further, several media organizations opposed the proposal concerned over the effect on freedom of speech.

The Motion Picture Association of America, National Press Photographers Association, Society of Professional Journalists, Associated Press Media Editors and the American Society of News Editors testified against the act and noted that the act breaches the First Amendment of the U.S. Constitution.

First Amendment attorney Jeff Portnoy of the Cades Schutte LLP, opposed the proposal and said the bill will not make a huge impact.

"Celebrities seek public exposure. Just ask Steven Tyler how much he spends each year for his publicist. Yet this bill would allow them to decide what publicity they like and don't like," he said. "Yes, a paparazzi who trespasses on private property to take a picture of someone should and can be prosecuted. But what happens in open space, like our beaches, is fair game so long as there is no reasonable expectation of privacy."

He further notes that the bill "is unconstitutionally vague in its lack of clear definitions and would possibly subject even a local or tourist to serious sanctions for taking a picture of a 'celebrity.'"

"There is also sufficient current law available to persons whose privacy rights have been wrongfully violated. There are both criminal and civil remedies available for trespass, public disclosure of private facts, and intrusion," Portnoy said.

The bill awaits approval from the House of Representatives and the Governor's final verdict on the measure.

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