Law amendments cancelling broadcast licences offensive

Aug 11, 2017 News

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– PSC on passage of new Bill     

The Private Sector Commission (PSC) has described recently passed broadcast legislation as a flawed amendment to a law that was flawed in the first place.

Joining calls yesterday for President David Granger to hold off on signing the legislation into law, the Private Sector Commission (PSC) said it has noted the increasing concerns over the passage of the Broadcast (Amendment) Bill 2017 last Friday.

It will soon be presented to Granger for his assent.

“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,” PSC said yesterday.

PSC would be joining a number of local and international bodies that have been calling for the bill not to be signed.

Over the weekend, the Guyana Press Association among other bodies, criticized the bill, warning against measures to force television and radio stations to air public service advertisements as an abuse of authority.

Also criticizing the bill and the lack of consultations were the respected International Press Institute and Reporters Without Borders.

The Opposition has since announced it will be challenging the bill.

According to the PSC, the previous Bill of 2011 had established 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.”

PSC said it 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 business advocacy body said that this new bill “offensively” provides for the cancellation of all current broadcasting licences in place immediately before the commencement of the Act, forcing operating 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.”

In fact, the Amendment to the Broadcast Bill has been introduced by the government without any serious prior consultation with Broadcast Licencees, never mind public hearings.

“The Commission finds this to be totally unacceptable and a complete departure from internationally accepted norm and practice.”

PSC noted that the amendment of the Broadcast Bill also, again without any consultation, provides for the Broadcasting Authority to enforce the provision of broadcasting time on licencees of a minimum of one hour per day at times which include prime time commercial broadcasts for the purpose of “public service programmes”, whatever that may be, entirely at the discretion of the Prime Minister who, in any event, has ultimate direction over broadcasting content under the 2011 Bill.

“The Commission, while acknowledging that there is legislative precedent for government to place public service programmes on private commercial broadcast stations, the nature and content of this material is usually very carefully defined in Broadcast Regulations to ensure against programmes involving political and/or controversial material intended specifically to serve the interest of any political party outside of an election period.”

PSC urged the President to send the Bill amending the Broadcast Act back to Parliament for extensive public consultation with the Broadcasting licencees, and, indeed, the general public. “The Commission further encourages the President to consider amendment and revision of the 2011 Broadcasting Act to reflect a broadcasting policy and philosophy for using the airwaves which will serve the public interest and convenience subject to the constitutional guarantees of free speech and expression.”

Attention was placed on the issue of television, cable and radio licences after it became known in 2011 that former President Bharrat Jagdeo issued several to close friends and party members, at the same time sidelining established media houses.

 

 

 

 

 

 

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