Hawaiʻi Broadcasters say governor’s intent to veto HB 2581 maintains ‘government overreach’

The Hawaiʻi Association of Broadcasters is opposing Gov. Josh Green’s intent to veto HB 2581, saying the bill addresses an “outdated” state statute that allows a mayor or the Governor to “unlawfully” suspend the transmission of electronic media during a state of emergency.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: “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.”

The statute language also represents “prior restraint,” the censorship of free expression before the information is transmitted or published, which the HAB contends 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. “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 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,” Leonard said. “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, according to the HAB.

In his rationale, the governor said he is “a strong proponent of the First Amendment,” and “understands that during an emergency, communication must be timely, accurate, and well-coordinated.” However, he said, “we must still guard against acts of extreme violence or acts of terrorism which can use social media or other electronic media to communicate and activate crowds or destructive devices. This power to suspend electronic media transmissions is subject to federal law and the governor and the mayors of every county in the state of Hawai‘i carefully weigh the power to suspend electronic media transmissions.”

“As this bill has had prior versions last session with alternative language that more properly balances the needs for communication balanced against the need for protection,” the governor said he would prefer that a bill be worked on again looking at a more balanced approach.

The Hawaiʻi Association of Broadcasters (HAB) is a 501(c)(6) industry trade association representing Hawaiʻi’s free, local, over-the-air commercial radio and television stations. The HAB provides support to Hawaiʻi’s local broadcast stations in their essential roles to serve their communities while operating in the public interest.

Editor’s note: Pacific Media Group, Maui Now’s parent company, is a member of the Hawai’i Association of Broadcasters.