Hawaii Photography

Hawaii Photography Laws

Photography in public areas protected. Commercial photography requires DLNR permits. Cultural site restrictions.

Photography in public areas protected. HRS § 711-1111 prohibits violation of privacy. Commercial photography requires permits from DLNR for state lands. Hawaii Volcanoes NP and Haleakala have specific areas with restrictions. One-party consent for recording. Drone restrictions over 400 feet and near airports. Hawaiian cultural sites may have photography restrictions.

Recording Consent - One-Party State

Hawaii: Only one party (you) needs to consent to record. Video without audio may have different rules.

RECORDING CONSENT LAWS

HAWAII RULE
Consent Type: ONE-PARTY

Only one party needs to consent - if you're part of the conversation, you can record it.

TWO-PARTY CONSENT STATES
CA, CT, FL, IL, MD, MA, MI, MT, NH, PA, WA

WHAT THIS MEANS FOR PHOTOGRAPHY/VIDEO

Video WITHOUT Audio:
• Generally less restricted
• Public spaces: Usually OK
• Private property: Needs permission

Video WITH Audio:
• Subject to consent laws
• Your consent is enough if you're participating

PUBLIC VS PRIVATE SPACES

Public Spaces (streets, parks, etc.):
• Generally no expectation of privacy
• Photography usually legal
• Audio recording of conversations may need consent

Private Property:
• Owner can restrict photography
• "No Photography" signs should be respected
• Commercial use needs releases

PRESS/JOURNALIST RIGHTS
• First Amendment protections
• Can photograph in public
• Can record public officials performing duties
• Private spaces still require consent

WHAT YOU CANNOT PHOTOGRAPH
• Where there's reasonable expectation of privacy
• Upskirt/downblouse (criminal everywhere)
• Into private windows/areas
• Restricted facilities (military, certain government)

Street Photography Rights

Hawaii: Photography in public spaces generally legal. No consent needed for photos of people in public, but commercial use may require releases.

STREET PHOTOGRAPHY LAWS

YOUR RIGHTS IN PUBLIC SPACES
• Photography in public is generally protected by First Amendment
• No consent needed to photograph people in public
• Can photograph buildings, streets, events
• Police cannot delete your photos or seize equipment without warrant

COMMERCIAL VS EDITORIAL USE
Editorial/Artistic: Usually no releases needed
• News photography
• Documentary
• Fine art
• Educational

Commercial Use: Releases recommended
• Advertising
• Product promotion
• Endorsement implications
• Stock photography

WHAT MAY BE RESTRICTED
• Private property (can be asked to leave)
• Certain government facilities
• Airports (varies by area)
• Courtrooms (usually prohibited)
• Private events on public property

DEALING WITH CONFRONTATION
If someone objects to being photographed:
1. You're not legally required to delete in public
2. Being polite often de-escalates
3. Consider moving on to avoid conflict
4. Know your local laws

POLICE INTERACTIONS
You have the right to:
• Film police performing duties in public
• Refuse to delete photos
• Not show photos without warrant
• Record the interaction

You should:
• Not interfere with police activity
• Keep safe distance
• Identify yourself if asked
• Remain calm and respectful