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SB 1618: Ministry of Truth Act - a Senator wants to Ban this Blog?

Writer's picture: LPHI ChairLPHI Chair

Hawaii Proposes a New Ministry of Truth

Abstract: In a stunning move straight out of George Orwell’s dystopian novel, “1984”, Hawaii’s 2025 legislature is contemplating shockingly draconian laws - including SB 1618, introduced by Senator Donna Mercado Kim. This bill aims to assert broad state control over all forms of journalism, information, and online speech, including social media accounts which can be arguably said to be “operating in Hawaii”. The proposed law would create a state agency called the “Journalistic Ethics Commission”, controlled by a board that serves the Governor of Hawaii.  This new state agency would be able to create “opinions and rules” which would “have the force of law.” This would effectively eliminate whatever remains of Press freedom in Hawaii, and for the state to control all public information and discussion. 


The proposed agency will be able to make these rules without any oversight from the public, and unaccountable to the people. They would be empowered to censor any voice which the State of Hawaii and their academic cohorts deems to be inconvenient. It even seeks to impose fines on anyone who doesn’t obey their “rules” against unwanted speech. 

The Ministry of Truth Act

SB 1618 - or Hawaii’s Ministry of Truth Act, calls for a sprawling regulatory agency & de-facto licensure scheme for whomever the agency deems to be “Journalists”. The scope of the “Journalism” aimed for would include every social media account with over a 10,000 follower count which could be deemed as “operating in Hawaii”. 

The lawmakers of Hawaii begin the bill’s preamble with typical clichè complaints about the dangers of “misinformation” (I.e.: facts they don’t like, or criticism of them), and decided that the best way to save the world from their political enemies (all the families who didn’t vote for them) is to let their corrupted institutions decide who is allowed to speak publicly, and who should be silenced, fined, and possibly worse.

It reads:

Traditional journalism, though valuable, often falls short in addressing the ethical dilemmas presented by emerging technologies.  The legislature believes that strengthening ethical standards for media outlets will enable the State to combat misinformation, rebuild trust, protect the privacy of citizens, and equip them with the necessary tools to adapt to the digital age.

“The legislature further finds that it is a matter of statewide concern pursuant to article X, section 6, of the Hawaii State Constitution, to require the board of regents to analyze and determine the effectiveness of the media ethics course required for a bachelor of arts in journalism at the university of Hawaii at Manoa college of social sciences.

Therefore, the purpose of this Act is to promote responsible journalism by:

     (1)  Establishing baseline ethical standards and transparency requirements for journalists, editors, or news media outlets operating in Hawaii, while protecting their rights to exercise freedom of speech or freedom of the press; and

     (2)  Directing the board of regents of the university of Hawaii to conduct an analysis of the degree requirements for a bachelor of arts in journalism at the university of Hawaii at Manoa college of social sciences.

In other words, they are establishing a new kind of professional whose job it is to censor information the state doesn’t like, and do so in a way that “protects the right of freedom of speech or of the press”. 

The problem with the above (clearly disingenuous) statement is that it is essentially a contradiction. We cannot control undesirable or offensive speech without completely removing protections on freedom of speech. There is no way to implement this without subjecting all journalists of note to what can properly be dubbed: “the dictatorship of professionals”, which is really just another way of saying a “dictatorship of the state”. Doesn’t sound that bad yet? 

There’s More, Buckle up!

     “SECTION 2.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

JOURNALISTIC INTEGRITY AND ETHICS

     §   -1  Applicability.  This chapter shall apply to all news media outlets operating within the State, including traditional print, broadcast, and digital media; provided that independent journalists and bloggers with a readership of fewer than 10,000 per month shall be exempt from this chapter…”


Does anyone else remember that thing called freedom of the press, and freedom of speech? Hawaii has essentially declared war on their own electorate and their own constitution(s) - and this proposed law is the latest move offering yet more dictatorial powers to the most powerful governorship in the United States. If this were to pass, the Hawaii governor would have direct control over the new Ministry of Truth (aka: the Journalistic Ethics Commission), as seen below:


The commission shall consist of ____ members to be appointed or removed by the governor as provided in section 26-34; provided that the commission shall include at least:

     (1)  One member who is a professor of journalism from the university of Hawaii school of communication and information;

     (2)  One member representing print media;

     (3)  One member representing broadcast television;

     (4)  One member representing broadcast radio;

     (5)  One member representing digital media, including social media; and

     (6)  One member representing the public.”



But wait! The Trope Gets Much Worse!

This unelected “board” gets to make “opinions” which has the force of law, without any oversight from the public:

“     (1)  The commission shall render advisory opinions upon request as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the journalistic code of ethics;

     (2)  The commission shall administer the journalistic code of ethics, subject to the procedural requirements of this chapter and any rules adopted thereunder;

     (3)  The commission may adopt, amend, and repeal any rules, not inconsistent with this chapter, that in the judgment of the commission seem appropriate for the implementation of this chapter and for the efficient administration thereof, including every matter or thing required to be done or which may be done with the approval, consent, order, direction, supervision, or prescription of the commission; provided that the rules, when adopted as provided in chapter 91, shall have the force and effect of law

We Aren’t Out of Crazy-town Yet.

There’s even more: this bill also features a politically-abusable snitch program to report journalists that offend your feelings:

  “ (b)  The board shall establish and administer a public reporting and dispute resolution program that shall include:

     (1)  A dedicated hotline and online reporting system to file complaints related to violations of the journalistic code of ethics described in section    ‑4(a); and

     (2)  A complaint and appeals process for a person to file a complaint or an appeal of the board's determination with the board to challenge a journalist, editor, or news media outlet believed to have violated the journalistic code of ethics or any rules adopted by the journalistic ethics commission


Translation for non-Hawaiians: this means there will be no real due process, and dealing with 1st amendment issues will likely require a federal court battle, since the only process provided here would be an agency appeal. This is the stuff of dictatorships, and probably constitutes a crime against the constitution. But that all isn’t enough for them - they wanted to put teeth on this anti-journalism dog by imposing fines, which if not paid, could lead to other legal attacks by the rabid state of Hawaii: 


     §   -6  Penalties.  Any journalist, editor, or news media outlet in violation of this chapter may be subject to the following for a second violation and each violation thereafter:

     (1)  A public notice of non-compliance; 

     (2)  A fine of not less than $_______  for each separate offence;

     (3)  Suspension or revocation of state media privileges, including press credentials for government-sponsored events; or

     (4)  Any combination of the foregoing, as deemed appropriate by the review board;

provided that each day of each violation shall be deemed a separate offense.


     Failure to comply will almost certainly result in far worse punishments. Hawaii’s legislature is openly displaying their contempt for their voters’ well-being, nor their freedom; instead focusing on punishing and dictating the rules to all those who aren’t in political lockstep with their radical agenda and their obnoxious attempts to force the world to accept their version of reality.


Under this new law - our blog here would almost certainly be banned from conducting “journalism”.

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