From flawed Amendment to flawed Act

Aug 10, 2017 News

– Private Sector Commission on Broadcast Bill

The Private Sector Commission (PSC) has added its voice to those expressing concern about the Broadcast (Amendment) Bill 2017.

In a release yesterday the PSC said it noted, with increasing concern, the passing last Friday, 4^th August, 2017, of the Broadcast (Amendment) Bill 2017, now before the President for his ascent.

“The Commission preferred to refrain from commenting on this Bill, which is clearly contentious, until it had been fully debated in the National Assembly, it stated.

“The Bill will now amend the Broadcast Bill 2011 which itself, though it did not invite much public attention at its passing, is, in the opinion of the Commission, far from adequate in a number of critical aspects in delivering a Broadcasting Authority and Law meeting certain fundamental provisions for administering and regulating broadcasting in our country.

“The 2011 Bill, for instance, establishes a Broadcasting Authority, entirely composed of persons appointed solely by the President, completely compromising the independence of the Authority. The precedent has long been set in the United Kingdom, Canada and the majority of Commonwealth Countries and in the USA, to ensure that, even though Broadcasting Authorities are appointed by the government, in practice there is extensive and widespread consultation with the political opposition and civil society as to their composition.

“The Commission, in fact, holds the view that this government has missed a golden opportunity to have revisited and revised the 2011 Broadcasting Bill which did not, at the time of its passing, receive full and adequate consultation with licenced broadcast owners and the general public.

“Instead, the government has used its majority in Parliament to enforce amendments of a bad Bill which bring into question the government’s intention with regard to the Amendment’s real purpose and the government’s commitment to freedom of expression in the broadcast media.

“The Bill to amend the Broadcast Bill 2011, offensively, provides for the cancellation of all current broadcasting licences in place immediately before the commencement of the Act, forcing these licencees out of business with no option but to reapply for a licence in a totally unreasonable period of time.

“The Commission wishes to point out that these licences were issued under the law, however bad the law, to broadcasters who have made considerable investment and accepted in good faith that they will not be arbitrarily cancelled without cause.”