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of Broadcasters is calling out Governor Josh Green over his intent to veto "a legislative bill that addresses an outdated state statute that allows a mayor or the Governor to suspend the transmission of electronic media during a state of emergency."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.”
The Governor’s office provided the following rationale for the move to veto:
“The Governor is a strong proponent of the First Amendment, and understands that during an emergency, communication must be timely, accurate, and well-coordinated. However, 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 would prefer that a bill be worked on again looking at that more balanced approach.”
The Governor’s senior advisor, Blake Oshiro, said Gov. Green has not made a final decision yet on whether to veto HB2581, sign into law or let it become law without his signature. Oshiro said he will make a decision by July 10.
“At all times including emergencies, Governor Green believes the dissemination of accurate and responsive information to the public through all forms of media, as soon as possible, is crucial. Counsel from the Hawai‘i Emergency Management Agency is that very limited circumstances may exist in which the suspension of electronic media will help law enforcement or emergency management deal with a threat, such that the decision on finding that balance between protecting communities and public safety, with full and transparent media, should lie with the Governor.”