Hawaii Enacts new anti-SLAPP legislation

By: Lauren Smith

In aims of strengthening its SLAPP protections, Hawaii’s legislature passed the “Hawaii Public Expression Protection Act.”

Hawaii enacted its first anti-SLAPP legislation in 2002 as the “Hawaii's Citizen Participation in Government Act.” Since its enactment, the law was criticized for its narrowness and inadequate free speech protections. The Public Participation Project rated the state’s anti-SLAPP protections as a C, while the Institute of Free Speech provided a bleaker rating of a D.

Hawaii’s legislature aimed to strengthen its protection in its 2022 “Hawaii Public Expression Protections Act.”

Hawaii’s new anti-SLAPP law provides ample protection to defendants facing frivolous, meritless lawsuits. Its improvements were derived from the Uniform Law Commission’s draft bill, “The Uniform Public Expression Protection Act.” Hawaii purports its adaptation of the bill will ascend its SLAPP protections among “the best in the nation.” Protections included revised procedural protections for all parties and streamlined instructions for disposing of SLAPP suits.

Hawaii’s new law took effect June 17, 2022.