Int’l media bodies call for delay in assent of Broadcasting Bill

Aug 09, 2017 News

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Days after the country’s lawmakers in the National Assembly successfully pushed through legislation that was supposed to correct deficiencies in the manner that radio and television stations operate, the administration is under pressure to hold off before signing it into law.
Yesterday, two respected world media bodies, Reporters Without Borders (RSF) and the International Press Institute (IPI), urged that consultations be held soonest, as there are a number of press freedom concerns.
The statements of both RSF and IPI would come after the Guyana Press Association (GPA) and local media houses also expressed concerns over the Bill, which has been hailed by the Coalition Government as a campaign promise to correct the controversial doling out of licences by the People Progressive Party/Civic (PPP/C) government in 2011 to mainly friends and party members.
RSF yesterday, in urging President David Granger not to assent to the Broadcasting Bill that was adopted by Guyana’s National Assembly last Friday, wants consultations to be held with broadcasters in order to take into account their recommendations.
“The current Bill, which was adopted without such consultation, raises multiple press freedom concerns.”
It was pointed out that on Friday, the National Assembly adopted The Broadcasting (Amendment) Bill of 2017, a piece of legislation which has drawn sharp criticism from broadcasters as well as local and regional press groups.
President Granger still has to assent to the Bill before it can take effect.
RSF noted that according to the government, the new legislation is meant to address the issue of illegal broadcasters who have long been operating without a licence.
“Yet the Bill calls for all broadcasters to apply for a licence within 30 days of its entry into force, a time limit that is being criticized by local and regional press freedom groups as too short. Broadcasters found operating without a licence could be fined up to one million Guyanese dollars and sentenced to one year imprisonment.”
RSF pointed out that according to local press freedom advocates, these burdensome provisions threaten the existence of many TV and radio stations which have operated without a licence since no renewals were ever issued at the time of their expiration.
“Another point of contention is a provision mandating that 60 minutes of “public service programs” be broadcast on TV and radio stations between the hours of 6am and 10pm free of cost, which has been heavily criticized by the Guyana Press Association (GPA). In a statement issued last week, the GPA argued that this requirement would “disrupt and violate contractual obligations that stations will have with advertisers and program sponsors.”
The GPA has also argued that the government’s desire to define the meaning of “public service programs” would limit independence from government interference in private broadcasting.
NO CONSULTATIONS
“But what is most worrying about the Bill is its process of adoption, which involved no consultations with any broadcasters, even though repeated attempts were made to meet with Prime Minister Moses Nagamootoo both leading up to and during parliamentary debate last week.”
RSF said that Nagamootoo, who has portfolio responsibilities for broadcasting, claimed that operators were consulted in 2011 when the original Bill was drafted.
However, the legislation adopted last Friday involved several amendments for which broadcasters were never given the opportunity to provide their input.
“It would appear that the legislative process in Guyana failed to adequately address broadcasters’ concerns regarding a new law that would impact their day-to-day operations and could even threaten their existence,” said Margaux Ewen, Advocacy and Communications Director for RSF’s North America Bureau.
“RSF urges President Granger not to assent to this legislation until these concerns can be addressed through meaningful consultation.”
In a statement issued Monday, the regional group – Association of Caribbean Media Workers (ACM), called for meetings between the President and broadcasters and argued “this is the best option to avoid what may be a protracted legal matter that would be unhelpful in achieving the desired objectives of the parties concerned.”
Guyana ranks 60th out of 180 countries in RSF’s 2017 World Press Freedom Index.
Meanwhile, IPI in its statement, urged government to address serious concerns raised by local media groups over pending amendments to the country’s broadcast law.
IPI said that based on its information, the bill grants the state “unwarranted” power to manage the programming of radio and television stations by allocating time slots for public service programming dictated by the government.
IPI said it has taken note of a joint statement last week before the bill was passed, where a group of private Guyanese broadcasters called for debate to be deferred, describing the planned public service programme requirement as an “infringement on the freedom to determine broadcast content”.
“That view was echoed by the Guyana Press Association (GPA), which told IPI in a statement that it condemned the planned changes and would work with international groups to “convince the government of the need to halt or reverse this process given the severe consequences these amendments pose to freedom of the press and the commercial viability of private radio and television stations”.
INDEPENDENCE?
IPI Director of Advocacy and Communications Steven M. Ellis urged the Guyanese government to address criticism regarding the amendments before they become law.
“We are troubled that this bill appears to have been drafted and passed without time for sufficient consultation with all relevant stakeholders, including Guyana’s private broadcasters and local civil society groups,” Ellis said. “Elements of this legislation – in particular provisions related to the broadcasting of public service content – also raise questions about the government’s commitment to ensuring that Guyanese radio and television stations can operate independently from state and political control. We urge lawmakers to address those questions and revise these amendments as necessary.”
Tabled early last week by Prime Minister Nagamootoo, the amendments include a provision requiring private broadcasters to allocate, free of charge, up to 60 minutes of public service programming daily.
“While the GPA said it agreed that private broadcasters should play a role during emergencies and disasters, it highlighted the fact that the amendment would give authorities the ability to dictate time slots if they did not agree with the ones allocated by stations. Furthermore, the new legislation leaves the frequency and content of public service announcements to the discretion of the government,” IPI said in its statement.
Nagamootoo has defended the Bill, insisting that it did not restrict press freedom, but rather, “lends clarity and certainty” to the powers granted to Guyana’s National Broadcasting Authority (NBA), a body established by the Broadcasting Act of 2011.
Concerns over broadcasting freedom in Guyana are not new.
The Guyanese government exercised a complete radio monopoly until 2011, and under the then PPP/C government, former President Bharrat Jagdeo, days before ending his constitutional two terms in office, awarded several licences to his close friends, relatives of a senior minister and even to his party.
Several prominent media houses, including Kaieteur News were ignored and despite protests and international pressure, similar to now, nothing much has happened since 2011 to correct the situation.
IPI said that during a 2013 visit to Guyana, IPI urged the government to ensure that the granting of television and radio licences under the newly introduced Broadcasting Act be conducted in a transparent and impartial manner.

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