ATTORNEY General and Minister of Legal Affairs, Mr. Anil Nandlall, said when one examines the grantees who were the recipients of radio licences by the Guyana National Broadcasting Authority (GNBA), the conclusion is that an even spread is reflected in both the geographic and ethnic composition. He said so Thursday night at a reception hosted by United States (U.S.) Ambassador, Mr. D Brent Hardt, at his University Gardens, East Coast Demerara residence, to celebrate World Press Freedom Day 2013, which was themed ‘Safe to speak: Securing freedom of expression in all media’.
“The radio licences about which we heard, as you are aware, that matter is in the court and some 10 permissions have been granted for persons and companies to operate,” Nandlall reminded.
He said the applicants were looked at and he is of the view that they enjoy an even geographic spread, as there were permissions granted in Berbice, Essequibo and Demerara.
Nandlall disclosed that he has also examined the ethnic composition of the grantees because that has been made an issue and, again, has come to the conclusion that there is an even spread in this regard.
He maintained that what remains fundamental is that those persons who were granted radio licences cannot be at fault for the non-grant to other applicants.
The Legal Affairs Minister pointed out that, from the evidence he has seen, the applications were all reviewed and decisions have been made.

RIGHT METHODOLOGY
While acknowledging that some may feel that the right methodology was not used, Nandlall said that is an issue for the courts.
“Some may feel that the right methodology was not employed, but those are matters that will come out in the court proceedings and, hopefully, will result in the issue being laid to rest,” he stated.
Nandlall said the Government’s track record has shown that two daily newspapers were established under the People’s Progressive Party/Civic (PPP/C) Administration and, more than 20 private television stations have been established, stretching from one end of Guyana to another.

Today, these entities continue to operate without any interference by the Government.
That evidence, Nandlall said, shows that it is not the case stated by those persons who charge that the Government is not committed to freedom of expression.
GOV’T RECOGNISES FREEDOM OF EXPRESSION
The main theme of the Attorney General’s presentation  was that the Guyana Government recognises freedom of expression and its adjunct, freedom of the press, as vital components to our democracy.
Nandlall also made it clear that those who championed, or are championing the cause of press freedom must at the same time advocate with equal emphasis, the responsibility which press freedom carries.
“An unregulated and irresponsible press can become the antithesis of freedom and democracy and can lead to anarchy and destruction,” Nandlall declared.
There are several examples in the world attesting to this fact, and Nandlall highlighted, as an example, the genocide which occurred in Rwanda which was principally caused by an irresponsible press.
 The Guyanese Attorney General also quoted from a 2012 report done in the United Kingdom, which highlights the importance of regulating press freedom to ensure that the press operates responsibly.
That report emphasises the harm which can be done to the public’s interest  if the press fails to operate with due responsibility.
Nandlall pointed out that freedom of the press  enjoys the highest form of legal protection, as a fundamental right in Guyana’s constitution.
“…for that very article, which creates that right, restricts it in certain ways for the public good and in the public’s interest,” he argued, adding that this provision in the Guyana constitution is not unique but is similar to provisions in constitutions throughout the democratic world.
Nandlall also alluded to the People’s Progressive Party (PPP),  saying “the PPP can relate personally to denial of press freedom because we were denied the right to import newsprint to publish our party’s newspaper – The Mirror.  We litigated this matter in the highest court of the land but were unable to persuade the judges of that court that newsprint is integral to freedom of the press.”
“So we understand press freedom but we, at the same time, recognise the importance of the responsibilities which accompany it,” the Attorney General maintained.

INTELLECTUAL PARALYSIS
Nandlall said, normally, when he is asked to speak on the issue of freedom of the press, he would refer to the elegant language of a distinguished judge of the Indian Supreme Court who said: “Intellectual paralysis creeps over any society that denies, in however subtle form, due freedom of thought and expression to its citizens.”
The Guyana Government, Nandlall said, embraces fully the philosophical underpinnings of that statement by the Indian Supreme Court judge.

Nandlall revealed that, at a recent meeting with the International Press Institute (IPI), he assured that the Administration would be prepared to review the law in relation to criminal libel.
“Indeed and in fact, I pointed to them the fact that not a single journalist was ever charged and, certainly, not under this Administration with that offence and, therefore, the occasion may be opportune for us to review our laws to remove, from them, those antiquated and anachronistic provisions of the law that remain, which we inherited historically but still form a permanent part of our statute books,” he advised
Nandlall acknowledged that the world has changed, and what was considered undemocratic 30 or 40 years ago is now considered to be the cornerstone of democracy.
“The fundamental point that I want to make is to say that, as a fledgling democracy that we are, freedom of the press is recognised, is embraced, as an indispensable part of our democracy and it is a fundamental ingredient to the social and economic welfare and being of our country,” he maintained.
Also referring to the issuance of radio licences, Ambassador Hardt conceded that Guyana has created a reasonable foundation for the fair and transparent process of the issuance of them through its 2011 broadcasting legislation.

NOW TIME
He observed that the legislation paved the way for the creation of the GNBA, adding that it is now time for the authority to do its work and promptly review and approve qualified applicants, including many long established media houses whose applications in various forms have been pending since the late 1990s.
The diplomat said: “Radio is such an integral part of the public square throughout the Caribbean and opening up that square in Guyana, as in other Caribbean countries, will do much to generate a more inclusive, participatory public dialogue on issues of the day for the people of Guyana.”
The US Ambassador posited that such progress will contribute to what they recognised in their recent human rights report is an environment that broadly provides for freedom of expression and in which the Government, generally, respects this right in practice.
Making remarks on the occasion, too, was President of the Guyana Press Association (GPA), Mr. Gordon Moseley, who said his organisation has made its concerns very clear about what it deems the unfair distribution of radio frequencies by the then President Bharrat Jagdeo and the National Frequency Management Unit (NFMU).
Moseley said, while they are aware that these actions are now the subject of a court case, they hope that good sense, justice and fair play will prevail. (Chriseana Ramrekha)

*** PULL QUOTE:
 ‘An unregulated and irresponsible press can become the antithesis of freedom and democracy and can lead to anarchy and destruction.’ – AG Nandlall