Legal battle looms

…as pressure mounts on President to hold his pen on broadcast bill

The opposition People’s Progressive Party (PPP) has announced plans to challenge in the High Court the controversial Broadcast (Amendment) Bill 2017 which was recently passed in the National Assembly.

Acknowledging the support received from major international press bodies on arguments about the ramification of the Bill, the Opposition has said it plans to take the matter one step further.
Opposition Member of Parliament (MP) Anil Nandlall announced on Wednesday that the PPP would challenge the matter in court, since the Bill tramples on the right to press freedom.
Nandlall asserted that the matter would be challenged on several grounds, but especially on ground of the licence having the same spectrum reach. “All of that is deprivation of property, as well as violation of the constitutional right of freedom of the press,” he said.
The former Attorney General has said the other aspect of the legal challenge will be based on the mandatory imposition of one hour of Government service on private broadcasters’ media.
“It’s an interference with my right not to listen to Government programmes, and my right not to air (them). It is also an infringement of the people’s constitutional right to property, because you are taking away basically one hour of airtime from them, which they can otherwise sell.”
Nandlall argues that the Bill is another indication that Government has a fundamental problem with private property.
“Something is wrong with them when it comes to private property,” he added.
He reminded that a broadcasting licence is a powerful commercial instrument.
Prime Minister Moses Nagamootoo, who has responsibility for information, tabled the Broadcast (Amendment) Bill 2017 in the National Assembly which can be traded or sold. Because it has economic value, it is considered in law private property.
“They have obsessed themselves with the argument of the radio licence issue, making that a huge political issue to detract from the real violation. This law that they have passed goes way beyond the radio licence issue; it terminates all radio licences (issued) from 2011, and even those obtained in 1991.”
Regardless of the Government’s position on this matter, Nandlall says, the Opposition feels vindicated by the support it has received from the international media watchdogs.
“You will see that the identical ground by which we objected to the Bill is the same ground that the international agencies have found the Bill objectionable. It shows the genuineness of our criticism.”
The parliamentary Opposition has maintained that the Bill in its current form is ‘unconstitutional’, and will have several implications on private broadcasters. Broadcasters have been advised to challenge the Bill in court, because it would have far reaching repercussions that could harm their businesses.
Nandlall had opined that a “properly advised” court would strike down the Bill as unconstitutional. The former Attorney General has said private broadcasters could file for a conservatory order to block the law from taking force, something he said broadcasters have already expressed a willingness to do.
Apart from obtaining a conservatory order, Nandlall said, those who file the court action could seek damages for breach of constitutional rights.
The Government used its parliamentary majority on Friday last to pass the Broadcast Amendment Bill although several bodies have come out in criticism of the Bill, including the Guyana Press Association.