Private media houses move to court to overturn radio licences

Apr 21, 2013 News

As criticisms continue to grow over government’s refusal to recall several radio licences issued under unclear circumstances by former President Bharrat Jagdeo in 2011, private media houses have turned to the court for recourse.

KN’s Publisher, Glenn Lall

The legal challenge was filed last week by the National Media Publishing Company, publishers of Kaieteur News, and the Guyana Media Proprietors Association Limited (GMPA). It named Attorney General, the Minister of Broadcasting, National Frequency Management Unit (NFMU), Guyana National Broadcasting Authority (GNBA) and twelve recipients that were granted broadcast licences by Jagdeo shortly before he ended his term in office in November 2011.
The applicants for those licences were Radio Guyana Inc- owner of Guyana Times and TVG 28; Telcor and Cultural Broadcasting Inc.; NTN Radio – owner of Channel 69; New Guyana Company Limited-owner of The Mirror newspaper; Rudolph Grant; Wireless Connection; Hits and Jams Entertainment; Alfro Alphonso and Sons; Haslyn Graham and Little Rock Television Station. E-Networks Inc and Quark Communications Inc were also named as the Respondents.
According to court documents signed by Publisher of Kaieteur News, Glenn Lall, and filed by his lawyer, Roysdale Forde, the licences were issued under the old Post and Telegraph Act and done in bad faith, are discriminatory and not legal.
The media houses and Lall said that the licences breached their legitimate expectations and constitutional rights. It pointed to an agreement dated May 5, 2003 between Jagdeo and former Opposition Leader, Robert Corbin, where it was agreed there would be a freeze on all new commercial frequencies for radio and television until a new Broadcasting Act came into effect.
Jagdeo’s exercise of his discretion to grants those licences was abused and unreasonable also.
The media houses asked for court orders to quash the licences.
Regarding the cable TV licences to E-Network and Quark, reportedly owned by Vishok Persaud and Brian Yong respectively, friends of the former President, the media houses also want these to be quashed on the same grounds.
Valmiki Singh, head of the NFMU, is also being asked to produce a statement to the court of all available radio, television and cable frequencies in Guyana.
Lall and GMPA, in asking for the court to issue an order for TV and radio broadcast licences to be granted to them, also want a declaration that the frequency spectrum is a national resource.
They are also asking in excess of $1M for aggravated damages and an unspecified amount for exemplary damages.
In the affidavit supporting the constitutional challenge, Lall said in December 2008 he applied to Prime Minister Sam Hinds to operate a cable TV network; a radio station and a TV station.
He sent copies to NFMU and on February 26, 2009, received an acknowledgment.The court documents also listed the case of C.N. Sharma who applied for a radio licence but was turned down.
Veteran journalist, Enrico Woolford, of Capitol News, also filed a similar court action last week.
There has been widespread condemnation from Guyanese and both local and international media associations on circumstances surrounding the granting of the licences by Jagdeo. The timing and the fact that he did not wait on the Broadcast Authority to do its work were also heavily criticised.