The Hawaiʻi Association of Broadcasters announced its opposition to Governor Green’s intent to veto HB 2581, a legislative bill that addresses an outdated state statute that allows a mayor or the Governor to suspend the transmission of electronic media during a state of emergency.

Currently under §127A-13(a)(6) and (b)(3) Additional powers in an emergency period, the Governor or County Mayor may: (6) Shut off water mains, gas mains, electric power connections, or suspend other services, and, to the extent permitted by or under federal law, suspend electronic media transmission; Suspending electronic media transmission by state or county authorities is not permitted under any federal law. The statute language also represents “prior restraint,” the censorship of free expression before the information is transmitted or published, which is unconstitutional.

“The Governor or Mayors’ ability to suspend any and all ‘electronic media transmissions’ during a state of emergency creates a clear prior restraint on lawful free speech and publication, and violates the First Amendment as upheld by the United States Supreme Court,” said Chris Leonard, President of the Hawaiʻi Association of Broadcasters, in a press release. Leonard continued, “The current statute clearly represents government overreach in granting the state and county government a ‘blank check’ to shut down all electronic media transmission without providing an explanation for why this is necessary, what systems are affected, for how long, and how decisions would be made.”

HB 2581 offers an edited version of the statute text that removes the unlawful additional Governor and Mayoral powers related to suspending electronic media transmission in a state of emergency.

“We are very concerned that we have a law on the books that jeopardizes public safety and our ability to deliver a vital lifeline to the public,” said Leonard. “A simple edit to HRS § 127A will allow us to continue to deliver potentially life-saving information and keep our communities informed during a state of emergency, a time when we need more, not less communication.”

“Electronic media” as described in HRS § 127A potentially includes radio, television, internet, cable, cell service, text messaging and social media transmissions.

 

* Note- Chris Leonard is the President and GM of New West Broadcasting which operates KWXX, KAOY, KPUA, KNWB, KMWB as well as this website.