Broadcast Amendment Bill unconstitutional – GNBA Member

Aug 19, 2017 News

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Even though the Government is insisting that there is no turning back regarding the Broadcast Amendment Bill, it appears that this crucial document did not receive the blessings of all the members of the Guyana National Broadcasting

Authority board (GNBA).
This was indicated to the media yesterday via a missive that was disseminated by Opposition Member, Bibi Shadick.
She said, “While I am a board member, I do not in any way back the broadcasting bill. I was appointed to the board after a delay of more than two months during which time, the other members were involved in drafting recommendations for regulations to the Broadcasting Act 2011, which recommendations the Prime Minister (Moses Nagamootoo) claims he used as the basis for the infamous amendments to the Act.”
Shadick said that she even considers the amendments of the Bill to be “unconstitutional.” As a member of the Board, she stressed that she was not involved in making any recommendations.
“In fact, it is my belief that my appointment to the Board was deliberately delayed for the period during which the recommendations were being drafted.”
The Opposition member said that at a recent meeting, which the Prime Minister attended, the GNBA Board was not asked to nor did it express it’s “backing” for the amendments to the Broadcast Bill as suggested in other sections of the media.
The People’s Progressive Party Civic (PPP/C) had also indicated that it will be challenging the Broadcast (Amendment) Bill in the court. Former Attorney General, Anil Nandlall who spoke on this matter, did not say exactly when the PPP will file this challenge. However, he did explain some of the grounds on which the challenge will be made.
“One, that when it (the Bill) terminates the licenses, it confiscates private property without payment of compensation as is guaranteed by Article 142 (of Guyana’s Constitution).”
Further, Nandlall said that the provisions in the Bill also take away ‘Freedom of the Press’ because people stand the chance of not being able to broadcast again.
Thirdly, he said that the Bill does not guarantee a reissuance of the broadcast license and fourthly, does not guarantee that the reissuance of the license will have the same spectrum reach. “All of that is also deprivation of property as well as the constitutional right of Freedom of the Press.”
The Opposition’s position on the Bill has received the support of many, one of which includes the Georgetown Chamber of Commerce and Industry (GCCI). In a statement to the media, the business body called on President David Granger to not assent to the Bill in its current format, but instead, suggest that it be sent to a Select Committee.
The GCCI said that it took this position following consultations with several members of the Chamber that are in the media industry. The private sector body said that there are two particularly contentious portions of the Bill.
“The first is Section 9 (1) which reads, “Every person carrying on a broadcasting service immediately before the commencement of this Act, for which a licence had been previously issued, shall apply within thirty days of the commencement of this Act for a licence in accordance with the provisions of the Principal Act as amended by this Act for the continuation of the broadcasting service.”
Interpreting the section, the GCCI said that the language used creates an abrupt process which could see some broadcasters and entrepreneurs having to wind up their operations within an unreasonable amount of time and could possibly lead to abuse.
“Some of these entrepreneurs have invested into equipment and have bank debt securing their investment; therefore they would need a more reasonable timeframe and an appeals process that will allow for fairness in the process.”
Further, the GCCI said that the second section of the Bill that sparked concern is in the First Schedule which reads, “Every broadcasting agency shall broadcast public service programmes in the following manner – (a) for a total of up to sixty minutes per day; (b) between 6:00 hrs. and 22:00 hrs; and (c) free of cost.”
The Chamber said that the ‘Freedom of Expression’ is a guaranteed right by the Constitution of Guyana and those broadcasters once licensed can be seen as public trustees of the spectrum granted.
“Therefore to require an intrusion, with Government chosen programming violates this notion of Freedom of Expression.”
In addition to appealing to the President not to assent to the Bill, the GCCI asked that the Prime Minister, Moses Nagamootoo, holds consultations with stakeholders in the industry and consider amending the language in the bill so that it is more amenable to the many variegated views.

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