Media operators voice concerns over Broadcast Bill

Aug 04, 2017 News

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Several media operators’- particularly representatives of Channel 93 – are highly concerned about some of the measures outlined in the Broadcast (Amendment) Bill 2017.
MBC Media, which is an agency that claims to represent Channel 93 and a consortium of Television and media operators, recently sent out a statement to this effect.
The release indicated that a number of media proprietors and operators met on Monday last to discuss the potential ramifications of the Broadcast (Amendment) Bill 2017.
The legislation was recently tabled in the National Assembly by Prime Minister & First Vice President, Moses Nagamootoo.
MBC Media said that the primary concerns of media owners are the negative impact it could have on sustainability of operations with regard to the licensing fee structure, the imposition on property and the infringement on the freedom to determine broadcast content.
MBC Media said that it is in the process of writing the Prime Minister Nagamootoo seeking an audience to engage and make the concerns of broadcasters known.
“Having been made aware that the Bill could be passed before the end of the week, the group is urging that it be deferred until meaningful consultations can be held.”
MBC Media said that none of the Broadcasters that are now concerned about the provisions of the Bill were consulted during the preparation of the Bill. Therefore they are now hoping that the authorities would afford the opportunity before the piece of legislation is passed. MBC Media believes “that the impact on freedom, livelihood and jobs compels the decency of having consultations with the allowance for inputs.”
The entity said that having examined the proposed Bill, “there are concerns of constitutionality of which clarification is being sought.” The body said that media owners are of the firm belief that the meeting requested and its call for a deferral would provide opportunities for key matters to be raised.
MBC Media is hoping that “in the interest of democracy and freedom of expression, the authorities would understand the magnitude of the impact the Bill in its current form could have on the future of television and radio broadcasting in Guyana. As such, the desire is for a Bill that can be reached through consensus.”
The explanatory memorandum of the Broadcast (Amendment) Bill 2017 says that it amends the Broadcasting Act 2011 to introduce three classes of broadcasting services, namely: commercial, non-commercial and community classes; and three types of broadcasting zones, namely, primary, secondary and tertiary broadcasting zones.
The Bill provides for public service programmes, the prohibition of programmes containing hate speech. It addresses an international agreement for broadcasting any channel or programme as part of the local service.
Clause Two of the Bill amends the Principal Act to clarify the definition of broadcasting service and gives a definition of public service broadcast.
Clause Three, in the inserted section 21A (1), provides for the classes of broadcasting services, namely, commercial, non-commercial and community classes. It provides for the eligibility of persons for the grant of a licence in respect of any class and mentions the programmes which a licensee of a community class broadcasting service shall provide.
The inserted section 21B provides for the broadcasting zones, namely the primary, secondary and tertiary broadcasting zones. There are one primary zone, four secondary zones and three tertiary zones. A licensee may be granted an amendment to his broadcasting licence to include one or more zones.
Clause four substitutes a new section for section 22 in the Principal Act dealing with form of application for licences and payment of fees. While Clause five amends the Principal Act to insert four new sections, sections 39A to 39D.
Section 39A provides for every broadcasting agency to broadcast public service programmes. Section 39B exhorts non-publication of programmes containing hate speech and racial incitement or terror threats. Section 39C provides for audited accounts. Section 39D deals with international agreement for broadcasting any channel or programme as part of our local service.
Clause Six of the Bill amends section 40 of the principal Act relating to the payment of fees. The applicant for a licence shall pay the fees provided for in the Second Schedule.
Clause Seven in the inserted section 49 empowers the Minister by Regulations subject to negative resolution of the National Assembly to amend the First and Second Schedules while Clause eight inserts the First and Second Schedules in the Principal Act.
Clause nine of the Bill deals with persons carrying on broadcasting services immediately before the commencement of this Act. It states that every person carrying on a broadcasting service immediately before the commencement of this Act has to apply for a broadcasting service licence. Clause 10 provides for the revocation of the Broadcasting Regulations 2014.

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