Government, on July 21, tabled the highly-anticipated broadcast legislation, paving the way for the establishment of a Broadcast Authority which will regulate radio and television stations and issue licences.
Prime Minister Samuel Hinds
The Broadcasting Bill was presented and read for the first time in the National Assembly by Prime Minister Samuel Hinds, who previously held the portfolio of minister of information before President Bharrat Jagdeo took over. It is the third draft of a broadcast bill; the previous two documents were condemned by several groups before they were withdrawn. The legislation has been sent to a special select committee for finetuning.
According to the explanatory memorandum, the bill provides for the establishment of the Guyana National Broadcasting Authority is responsible for the regulation, supervision and development of the National Broadcasting Authority, provides for its functions, and provides for the licensing of broadcasting agencies and the encouragement of production and broadcasting of television and radio programmes having relevance generally to life and culture of the Guyanese people. Like the recently-tabled Access to Information Bill, the Broadcast Bill is another effort to enhance transparency in government and promote freedom of expression.
The bill also makes provision for one of the more contentious issues – granting of licences for broadcasting services – and outlines penalties for transmission without a permit. “Once the act comes into force, all authorized broadcasters operating at that time will have to submit applications for licences within 30 days of that date, and a person who desires to commence broadcasting service shall apply to the authority for a licence,” the document outlines.
It outlines that any person who continues to operate after this period, having failed to apply or having their application denied, would be liable to a fine of Gy$1 million and imprisonment for one year. Persons who continue to operate after a suspension or expiration of their licences are liable for the same penalties.
Broadcast equipment owned by the guilty person could also be forfeited; however, only a court can decide whether that property not owned by such a person could be seized, if there is sufficient evidence that the property owner knew the person was operating without a licence.
The application process as outlined in the bill is as follows: An interested person applies to the Broadcasting Authority, which then submits the request to the National Frequency Management Unit (NFMU), or its successor, in regards to spectrum availability and technical requirements
Guyanese ownership
However, only companies registered under the Companies Act and trusts will be allowed to hold broadcasting licences. “In all broadcasting companies or trusts, the majority of the directors or trustees will have to be Guyanese,” the bill spells out. “In the case of a company, not less than 51 per cent of voting shares of the company must be beneficially owned by citizens of Guyana.” The same is applied to the ownership of a trust.
In addition, a licensee cannot hold more than 25 per cent of the broadcasting sector. According to the explanatory memorandum, the authority has the right to transfer, suspend or cancel a licence, but the licensee could appeal to the full court of the High Court of Judicature.
Meanwhile, there are proposals for rules in the 48-clause bill aimed at ensuring that fairness and balance are observed by the licensee in relation to matters of political or industrial controversy, or relating to current public policy. These and other relevant rules are expected to be drawn up by the commission in consultation with the subject minister.
The Broadcasting Authority should comprise four to seven members, including a chairman, who will be appointed by the president.
Members of the board which will govern the authority will also be appointed by the president. However, the proposed legislation caters for one of the members of the board to be appointed by the leader of the opposition after ‘meaningful consultation’ with the parliamentary opposition parties.
Leader of the Opposition, Robert Corbin, said he was yet to review the bill, so he was not in a position to comment on the document.
Alliance For Change presidential candidate Khemraj Ramjattan last year had tabled his own bill, which was withdrawn after it did not get government’s support.
