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PPP radio, TV stations challenge legality of broadcast authority board
Representatives of Multi Technology Vision, (MTV) and the People Progressive Party, (PPP)-aligned Freedom Radio have moved to the Court to challenge the legality of the Guyana National Broadcast Authority, (GNBA) board.
The television and radio station, both of which are PPP-aligned were recently cited by the GNBA for broadcast infringements.
According to the GNBA, serious penalties are attached to those found guilty of continuous infringements. The GNBA said that non-compliant broadcasters can have their licences suspended and in some cases altogether revoked.
However, the two stations have responded with a lawsuit.
In applications seen by this newspaper, Raymond Singh, the General Manager for both MTV and Freedom is challenging the right of the board of the broadcast authority to function, let alone issue warnings to operators.
According to the application, the validity of the board, which was appointed by Prime Minister Moses Nagamootoo for a term of two years, expired on January 31, last.
GNBA Chairman, Leslie Sobers
“Since the expiration of the above mentioned appointment on the January 31 2019, no Governing Board of Directors has been appointed or reappointed.”
In an affidavit to support his claim, the company representative noted that Section 18 of the Broadcast Act, gives the Board the right to inter alia recommend to the Minister policies, guidelines and regulations to govern broadcasting in Guyana issue rules, guidelines and standards within its jurisdiction under the Act and encourage broadcasting of the highest standard; to prescribe and collect fees relating to licences issued; to establish a system for monitoring the programmes of the Licensees to ensure their adherence to the Act and the regulations made there under; and investigate complaints as well as initiate investigations into alleged broadcasting violations.
Further, it was noted that any rules made by the GNBA under Section 34(3) of the Act must be published in the public media and in such other manner that the GNBA considers appropriate.
But the GNBA has failed to publish any rules in the public media.
“I am advised by Mohabir Anil Nandlall, Attorney-at-law and verily believe that any rules issued or made by the GNBA under the authority of the Act is Subsidiary Legislation subject to Section 21 of the Interpretation and General Clauses Act, Cap 2:01, which provides that any proclamations, rules, regulations, orders and by-laws shall be published in the Gazette and shall come into operation on the date of publication unless it is otherwise expressly provided that they shall come into operation on some other date.
A search of the Official Gazette between the periods January 2018 and September 2019 reveals that no rules pertaining to guidelines for broadcasting services have been published.
“I am advised by Anil Nandlall, Attorney-at-law and do verily believe that these “Guidelines” have not been gazetted nor published in the public media and are therefore unenforceable, and devoid of any legal authority.”
The companies are therefore seeking orders to quash any decisions of a hearing committee of the GNBA on the ground that the said committee was appointed by a purported Governing Board of Directors that was not lawfully in place.
The companies are also seeking an order quashing the decisions of the Hearing Committee established by the purported Governing Board of Directors of the respondent (GNBA) contained in letters under the hand of Violet Boyal, Board Secretary on the ground that the said Hearing Committee is not a tribunal prescribed by law for the determination of the existence or extent of any civil right or obligation as provided for and contemplated by Article 144 (8) of the Constitution of Guyana.
In addition, the stations want orders against the decisions of the Hearing Committee established by the purported Governing Board of Directors under the hand of the board secretary on the ground that the said decision is unconstitutional, unlawful, illegal, unenforceable, invalid, void and of no effect.
The companies are asking to the Court to declare that letters issued to them under the hand of the board secretary is contrary to and in violation of the their right and Freedom of Expression as guaranteed by Article 146 of the Constitution of the Co-operative Republic of Guyana.
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