The Hawaii Association of Broadcasters is actively contesting Governor Josh Green’s plan to veto HB 2581, a bill designed to amend a state law that currently permits a county mayor or the Governor to halt all “electronic media” within the state during emergencies.
Currently, under Hawaii law, emergency powers allow these officials to, “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.”
“Electronic media,” as described, is a wide blanket that could be used to include radio, television, internet, cable, cell service, text messaging, and social media. This existing statute is criticized for being outdated and unconstitutional as it encompasses “prior restraint,” a form of censorship deemed unlawful by the Supreme Court.
HB 2581 proposes a revision of the statute to eliminate these contentious powers, ensuring that essential communication channels like radio remain operational during critical times.
While signaling he intends to veto the bill, Green stated he believes this measure is essential to prevent the misuse of electronic media for acts of extreme violence or terrorism, according to Courthouse News Service.
Hawaii Association of Broadcasters President Chris Leonard commented, “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.”
“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.”
“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. A simple edit to HRS127A 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.”
Radio played a crucial role in public safety during the Maui wildfires last year. With cell service and internet down in the Lahaina area, AM/FM became the only way to reach those most affected and in need of information and aid.
