Government overreach cited as HAB calls out Gov. Green

HONOLULU (KHON2) — The Hawaii Association of Broadcasters is calling out Governor Josh Green over his intent to veto “a legislative bill that addresses an outdated state statute that allows a mayor or the Governor to suspend the transmission of electronic media during a state of emergency.”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 the Governor or County Mayor may shut off utilities or suspend services and electronic media transmission–to the extent permitted by or under federal law.

However, suspending electronic media transmission by state or county authorities is not permitted under any federal law, according to HAB.

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

“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,” says Chris Leonard, President of the Hawaii 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.”

Another version of HB 2581 does not include language allowing the Governor and Mayoral powers to suspend 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,” says 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.”