Senators Lorraine Inouye, Angus McKelvey and Maile Shimabukuro introduced Senate Bill 103 (SB103) on Wednesday. The bill aims to remove language from HRS 127A, which gives the Governor and Hawaiʻi Mayors the authority to suspend electronic media transmissions.

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;

SB 103 states that the current law allowing a Mayor or the Governor to suspend the transmission of electronic media during a state of emergency is overly broad and vague. Electronic media could include not only all radio and television broadcasts, but also could potentially include text messages emails and social media posts, which would restrain lawful free speech and publication and violate the First Amendment of the United States Constitution.

By allowing the Governor or Mayors the ability to suspend any and all “electronic media transmissions” during a state of emergency, the statute creates a clear prior restraint on lawful free speech and publication and violates the First Amendment. Prior restraints against lawful speech have been resoundingly rejected by the Supreme Court of the United States.1

The Hawaiʻi Association of Broadcasters applauds the bill which addresses an outdated portion of statute text loosely taken from a repealed 1951 Air Raid law.

“Hawai’i’s radio and television broadcasters play a vital and federally required role in emergency alerting. We greatly appreciate Senator Inouye, McKelvey and Shimabukuro’s leadership to address this antiquated and unconstitutional provision in HRS 127A that could pose a threat to public safety,” said Hawaiʻi Association of Broadcasters President Chris Leonard.  Leonard, who is also the President and General Manager of New West Broadcasting, home to KWXX, B93 and KPUA, added, “The removal of this language ensures Hawaiʻi’s radio and television broadcasters ability to fulfill our duty to keep the public informed and provide potentially life-saving information during a state of emergency.”