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Media liability in Hawai‘i

Hawai‘i’s Public Expression Protection Act covers certain claims based on communications in government proceedings and constitutionally protected press or speech on matters of public concern. A motion may be filed within 60 days after service, usually staying related proceedings. The statute excludes some claims arising from selling goods or services, while expressly saying those terms do not include journalistic work. For publishers, the challenged communication and its relationship to any sale deserve separate review. 1,2,6

What Is Media Liability?

Media liability can help pay defense costs for claims about content you create or distribute, such as allegations of defamation or infringement. Consider it if you publish or produce content for your business or clients; match the quote to each activity. Read the national Media liability guide.

What to Watch for in Hawaii

  • Journalism and sales are treated separately

    The Act excludes a claim arising from a seller’s communication about its sale of goods or services, but defines goods and services not to include journalistic work. Ask counsel to classify the particular challenged material and transaction; do not assume every publisher communication is either protected editorial content or excluded commercial speech. 1,6

  • Short motion window and pause

    A party generally has 60 days after service of a covered pleading to file a special motion to dismiss, with later filing possible for good cause. Related proceedings and discovery are stayed through the ruling and appeal period, subject to limited discovery and specified exceptions. 2,6

  • Motion outcomes can carry fees

    The court must dismiss with prejudice when the movant establishes the Act applies, the respondent does not establish an exclusion, and the claim lacks a prima facie showing or fails under the statute’s other stated tests. A prevailing movant receives motion-related fees and costs; a respondent does only if the motion was frivolous or filed solely to delay. 3,4

  • Track when a claim accrues

    Hawai‘i sets a two-year filing period for libel and slander. The statute’s case notes state that defamation accrues when the person discovers or reasonably should have discovered the publication. Preserve publication and discovery dates for counsel to assess; the statute does not itself resolve every accrual dispute. 5

Who Regulates Insurance in Hawaii

Hawaiʻi Insurance Division

The Insurance Division oversees insurance companies and producers, examines Hawaiʻi-based insurers, reviews rate and policy filings, and investigates insurance complaints. It is part of the Department of Commerce and Consumer Affairs. 7,8,9

Surplus-lines tax and stamping office

Reported tax rate: 4.68% of premium when Hawaiʻi is the home state Hawaiʻi applies a 4.68% tax when it is the insured’s home state. Surplus-lines coverage is placed with an unauthorized insurer, so do not assume the Hawaiʻi Insurance Guaranty Association protects the policy; confirm the insurer’s status and policy terms with your broker. 10,11

Providers With Documented State Licenses

These providers publish a national listing for Media liability; the state records document licenses for the entities and roles shown below. Some records rely on company-reported information rather than independent regulator verification. A national listing does not confirm the product is available in Hawaii. Check the regulator’s license lookup and confirm state availability for your business when requesting a quote.

  • CoalitionCoalition Insurance Solutions, Inc.Insurance producer, Surplus-lines broker · checked 2026-09-28Coalition’s license page lists producer and surplus-lines licenses for Coalition Insurance Solutions, Inc. in all 50 states and the District of Columbia. The page separately lists insurers; this record covers the brokerage entity only. 13
  • CorgiCorgi Insurance Services, Inc.Insurance producer · checked 2026-09-28Corgi’s company producer-license table lists 50 jurisdictions: 49 states and the District of Columbia, including DC license 3003091619. New Mexico does not appear in the table and is not included here; the omission does not establish that Corgi is unlicensed there. The company-reported table has no stated as-of date and does not establish product availability. 14

Questions to Ask Before You Buy in Hawaii

  1. Which of our work—reporting, commentary, sponsored content, subscriptions, or advertising—should the broker review separately against the proposed media policy?
  2. How would defense-cost advancement, counsel selection, and consent work if a special motion to dismiss is filed within 60 days?
  3. What publication, correction, and discovery records should we retain to help counsel evaluate a potential claim and its timing?

Media Liability in Hawaii: FAQ

Does the Act cover every claim against a news publisher? 1,6

No. It covers specified communications and constitutional expression on public concerns, and it contains express exclusions, including some sales-related claims. A lawyer must assess the actual claim and communication. 1,6

Does the 60-day motion period change what an insurance policy covers? 2

No. It is a litigation deadline. Ask the broker to explain the proposed policy’s reporting, defense-cost, and consent terms for a claim that triggers an early motion. 2

Media Liability in Other States

Other Coverage in Hawaii

Sources

  1. Hawai‘i Revised Statutes §634G-2, Scope of chapter. Hawai‘i State Legislature; Subsections (a)–(c): covered proceedings and public-concern speech; governmental and commercial-sales exclusions; journalistic-work definition. Current code page; provision enacted by 2022 Act 96. Accessed 2026-09-28.
  2. Hawai‘i Revised Statutes §634G-3, Required procedures; motions; stays. Hawai‘i State Legislature; Subsections (a)–(h): 60-day filing period, good-cause extension, stay, limited discovery, and exceptions. Enacted by 2022 Act 96. Accessed 2026-09-28.
  3. Hawai‘i Revised Statutes §634G-6, Dismissal of cause of action. Hawai‘i State Legislature; Subsections (a)–(c): applicability, response burdens, dismissal grounds, and voluntary-dismissal treatment. Enacted by 2022 Act 96. Accessed 2026-09-28.
  4. Hawai‘i Revised Statutes §634G-9, Costs, attorney’s fees, and expenses. Hawai‘i State Legislature; Subsections (1)–(2): fee allocation after motion; enacted by 2022 Act 96. Accessed 2026-09-28.
  5. Hawai‘i Revised Statutes §657-4, Two years; libel and slander. Hawai‘i State Legislature; Two-year filing period; case note citing 65 H. 478, 653 P.2d 1155 (1982) for discovery or reasonable-discovery accrual. Accessed 2026-09-28.
  6. 2022 Hawai‘i S.B. 3329, Conference Draft 1, Relating to Public Participation in Government. Hawai‘i State Legislature; Sections 2–5: full enacted chapter text, repeal of former chapter 634F, transition protection for matured rights/proceedings, and effective upon approval; chapter enacted as 2022 Act 96. Accessed 2026-09-28.
  7. Insurance Division. Hawaiʻi Department of Commerce and Consumer Affairs; Official division homepage; scope, license search, complaints, contact information. Accessed 2026-09-28.
  8. Insurance Licenses and Registrations. Hawaiʻi Insurance Division; Insurance license information; links to state-based system for license applications and status. Accessed 2026-09-28.
  9. Filing a Complaint. Hawaiʻi Insurance Division; Online complaint form and published consumer phone. Accessed 2026-09-28.
  10. Surplus Lines Tax. Hawaiʻi Insurance Division; 4.68% rate and home-state application under HRS § 431:8-315. Accessed 2026-09-28.
  11. HRS § 431:16-105: Definitions. Hawaiʻi Legislature; Defines a member insurer as an insurer licensed or holding a certificate of authority in Hawaiʻi; cross-read with HRS § 431:8-102 and § 431:8-301 for unauthorized surplus-lines placements. Accessed 2026-09-28.
  12. Licenses. At-Bay; Current producer introduction and state table; At-Bay Insurance Services LLC; P&C and surplus-lines identifiers. Accessed 2026-09-21.
  13. Licenses and Carriers. Coalition; Licenses and Carriers, re-read 22 September 2026: Insurance Licenses table for Coalition Insurance Solutions, Inc., national producer number 18419475, with producer and surplus-lines numbers for all 50 states and DC including California 0L76155, Georgia 196479, Texas 2199630 and 2205589, Pennsylvania 815731 and 817452, Colorado 539028 and Wisconsin 3000108852. Insurance Carriers table naming, with NAIC numbers, Allianz Underwriters Insurance Company 36420, Arch Specialty Insurance Company 21199, Ascot Specialty Insurance Company 45055, Ascot Insurance Company 23752, Aspen Specialty Insurance Company 10717, Chaucer Insurance Company DAC, Coalition Insurance Company 29530, Fireman's Fund Indemnity Corporation 11380, Fortegra Specialty Insurance Company 16823, Lloyd's of London, MSIG Specialty Insurance USA Inc. 34886, MS Transverse Specialty Insurance Company 41807, Steadfast Insurance Company 26387, Vantage Risk Specialty Insurance Company 16275 and Zurich American Insurance Company 16535. Accessed 2026-09-22.
  14. Insurance Producer Licenses. Corgi Insurance; Current complete Insurance Producer Licenses table for Corgi Insurance Services, Inc.; 50 rows covering 49 states and DC (DC 3003091619); no New Mexico row; no NPN or as-of date shown. Accessed 2026-09-28.
  15. About Hiscox US Insurance. Hiscox; Hiscox Insurance Company Inc. NAIC 10200 as Chicago, IL domiciled insurer admitted or licensed in all 50 states and D.C.; Hiscox Inc. as general agent and Lloyd’s coverholder for Syndicates 33 and 3624; surplus-lines placements through licensed surplus-lines brokers; A.M. Best rating statement. Accessed 2026-09-16.
  16. Licenses. ERGO NEXT Insurance; Current entity-by-state license table reopened 28 September 2026: 50 rows under Next First Insurance Agency, Inc., including Washington, DC; New York rows instead list Next Insurance Services PC-1423070 and AP Intego BR-1198885. Accessed 2026-09-28.
  17. Insurance Licenses by State. TechInsurance; Current state table; identifies TechInsurance as a division of Specialty Program Group LLC d/b/a SPG Insurance Solutions; lists DC 3000041536 and labels Rhode Island “Individual licenses,” without an agency license number. Accessed 2026-09-28.
  18. Licenses. Vouch; Effective 16 January 2025: Vouch Specialty Insurance Services, LLC, NPN 19926463; P&C table (50 states and DC); surplus-lines table includes Idaho 870820; footnote says Georgia and Idaho do not issue agency-level surplus-lines licenses; Idaho retained as producer-only due to conflict. Accessed 2026-09-15.

Updated .

This guide is informational and does not determine whether a policy is available or meets your needs. Editorial policy. To suggest a correction, contact Spot with a supporting source.

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