…says President’s assent cannot be delayed

CRITICISMS by stakeholders on the passage of the Broadcast (Amendment) Bill earlier this month have been labelled meritless by Prime Minister Moses Nagamootoo.
Nagamootoo, in a statement issued on Saturday, said the sentiments proffered by some critics form part of the “partisan political propaganda against the need for modern legislative changes in Guyana,” and that for the most part, they are “Opposition-driven allegations.”

Government has been criticised by stakeholders for what they believe to be a violation of the Constitution, a breach of international treaties and conventions, the infringement on press freedom and the removal of “proprietary interests” of broadcasters, by virtue of the amendments.
Many of them have called for President David Granger to refrain from assenting to the legislation, but the prime minister believes it would not be in the best interest of the public.
In fact, Nagamootoo believes the President’s assent to the legislation “cannot be delayed by vested and parochial political interests, and by misconceived or misinformed arguments…the amendments are required with some urgency.”

According to the prime minister, there has been a “gross misunderstanding” and “in a few instances, deliberate misrepresentation” of the recent amendments to the Broadcast Act, which was signed into law in September 2011 by the then president, Bharrat Jagdeo.
“It is apparent that those who have expressed some sort of opposition to the amendments did not examine carefully the provisions of the 2011 Act, which the amendments seek to give effect, as authorised by the said Act. In most cases, the amendments give clarity to certain sections and also, add certainty to them,” said the prime minister.

He noted too that the amendments were recommended by the Guyana National Broadcasting Authority (GNBA), and were tabled in the National Assembly as an Amendment Bill, after statutory consultation with the National Frequency Management Unit (NFMU), as required by the 2011 Act.
However, media owners have complained that the amendments infringe on press freedom and their position is in tandem with that of the Guyana Press Association (GPA). In a letter addressed to Prime Minister Nagamootoo, media operators, proprietors and representatives, called for a meeting to discuss their concerns.

SERIOUS IMPLICATIONS
They believe that the proposed Bill, in its current form, has serious implications for the sustainability of their operations and, to some extent, infringes on their freedom to determine broadcast content. As such, they called for “meaningful consultation” on the legislation.

“Having looked at the proposed Bill, we can see a number of issues to be raised in terms of constitutional matters,” the statement said.
Similarly, the GPA has called for halting of the legislation. In a statement to the media, the body said if the amendments are made to the Act, they could pose “severe consequences” to press freedom here.
One of the amendments being proposed is the allocation of 60 minutes airtime, daily, for public service programmes, which is to be determined by the government.

There is a provision in the existing legislation for licensees to carry, at no cost, information on any programmes issued by government agencies, which may be deemed appropriate and necessary in terms of national importance, emergency and disaster. Some of these agencies include: the Civil Defence Commission (CDC), the Guyana Police Force (GPF), Guyana Fire Service (GFS) and, or health service providers, among others. The frequency of these broadcasts was not stipulated in the Act.

However, the body believes that such a move will result in the disruption and violation of contractual obligations that stations have with advertisers and programme sponsors.
But the opinions formed by stakeholders have been considered as a misunderstanding and misdirection by the prime minister. He explained that the amendment serves to give clarity to the meaning of “broadcasting service,” which means the provision of service in the areas of television and radio (sound) broadcasting. However, the Act has no definition for “public service broadcasting.”

In the Act, “broadcasting service” means a service providing broadcasting, though it makes provision for broadcasters to provide a “certain percentage” of time for such broadcasting.
The amendment, he said, fills the gap, defining “public service broadcasting” as the broadcast of a programme produced for the purpose of informing and educating the public, and promoting policies and activities of the Government that benefit the public as a whole.”
Moreover, Nagamootoo said Section 18 (2) of the Act requires licensees to carry information on any programmes issued by the Civil Defence Commission, the Guyana Police Force, Guyana Fire Service and/ or health services, and certain other programmes as public information deemed appropriate and necessary in terms of national security, emergency and disaster as a public service at no cost.

A CERTAIN PERCENTAGE
Additionally, the GNBA, by law, requires licensees to carry a certain percentage of public service broadcast or development support broadcasts as public information deems (sic) appropriate as a public service at no cost.
“Development support broadcasts” have long been recognised as relating to Government development programmes, the prime minister stated.

As it relates to “certain percentage”, the prime minister, in his statement, said the original Act excludes “information issued by the Civil Defence Commission, the Guyana Police Force”, and therefore, could have been interpreted as requiring additional free broadcast time to the “certain percentage” to which I have already alluded.
He said, too, that the amendment seeks to “place a maximum cap on the certain percentage” which will now include notices of the Civil Defence Commission, Police Force, etc. and limits it to between one minute and 60 minutes daily.
Section 8(1) of the amendment says that every broadcasting agency shall broadcast public service programmes for a total of up to 60 minutes per day, between 06:00hrs and 22:00hrs and free of cost.

The 60 minutes referred to shall include time allotted for any address to the nation by the President; and emergency notice or disaster warning issued by the Civil Defence Commission, the Guyana Police Force, Guyana Fire Service, the Minister of Public Health and the Government generally by any agency duly authorised.
The prime minister said too that the new legislation has clearly clarified the classes of licences referred to in Section 17 (1) of the Act. That section says the Authority shall be responsible for the regulation, supervision and development of national broadcasting, including private, public and community broadcasting. Section 18 says classes of licences should be established, however, with the amendment, a structure has been created for the proper operation of the classes of licences.

Section 21A says that a television broadcasting service or a radio broadcasting service shall be of three classes: commercial, where 80% of revenue comes from advertisements and sale of airtime; Non-commercial, where funding comes mainly from donors; and community, where a board elected by a geographic area runs the station for the community and in its interest.
“To accommodate these classes of operators, the amendment allows for zones to be created — primary, secondary and tertiary zones in various geographic locations to ensure that the entire country is covered by broadcasting from one medium or the other,” said Nagamootoo.

VESTED WITH POWERS
The GNBA is vested with powers to do these things and much more, as the ACT allows it to amend any condition of a licence on application of the licensee or on the authority’s own motion; issue renewals of licences; suspend or revoke any licence; requires licensees to carry public information broadcast as public service at no cost.

In the past, operators were required to pay a flat fee of $2,500,000 for a broadcasting licence, whether the agency has nationwide reach or is confined to a specified and limited location. “The imposition by the former Government of an across-the-board $2.5 million fee, resulted in most licensees not paying the fees, and they have voluntarily become unlicensed, some since 2012. Reports indicate that broadcasters owe an estimated $125 million to the GNBA; and only eight (8) of them are in conformity with licensing requirements under law,” said the prime minister.

However, he stressed that with the amendment, operators are no longer burdened with what he described as “the kleptocratic obsession” of the former government to levy heavy fees. A new fee structure has been created, except for licensees to operate radio in the primary (populated) zone, significantly reduces the fees.
The new fee for television in the primary zone has been slashed to $1,200,000. The licence fees for secondary and tertiary zones are $600,000 and $300,000 respectively. These fees are also applicable to cable. A community radio licence fee is only $150,000.

On the issue of transferral of licences, the prime minister reminded that Section 19 of the Act ensures that broadcasting services are effectively owned and controlled by Guyanese nationals as well as CARICOM nationals, provided that in the case of CARICOM nationals, their ownership and control shall be subject to there being reciprocal provisions governing broadcasting by the member state of which the CARICOM national is a citizen.

“We know of cases where broadcasting licences have been ostensibly transferred to non-Guyanese nationals. In cases where such licensees had sold or transferred their broadcasting rights and interests, there would be need to review such transfers in keeping with requirements as regards (a) zoning and (b) status of transferees under the 2011 Act. Under the 2011 Act, a licence could not be transferred to any other person without the written consent of the GNBA,” said Nagamootoo.

ENSURES COMPLIANCE
Additionally, the prime minister said the broadcasting policy ensures compliance by broadcasters with the Constitution and laws of Guyana and requires them not to incite violence, ethnic, religious or cultural hostility. It provides for review of broadcasting rules that regulate content that violates the Constitution, stimulates sexual violence and abuses women’s and children’s rights among other areas.
Broadcasting agencies will not be allowed to broadcast advertisements or programmes which contain hate speech, racial incitement or terror threats.

“This cannot be an interference with free speech! This is in keeping with the Guyana Constitution which, in Article 146 (3), states that ‘Freedom of expression does not relate to hate speech or other expressions, capable of exciting hostility.’”
“It is my strong and confident submission that freedom of the press or of expression is not violated where any law provides for an action to be taken in the interest of defence, public safety, public order, public morality or public health; or for regulating broadcasting or television services,” the prime minister continued.

In the case of reapplication, Nagamootoo made it clear that depending on the class of service or zone to which the licence is granted, all broadcasters including the State radio and television, have to fill out the new application forms that are part of the Broadcasting Regulations (the Amendment).
This has been the requirement since 2011, as the Act stipulates that all legitimate broadcasters must submit applications for continuation of broadcasting within 30 days of the said Act coming into effect. A person who wanted to start a broadcasting service had to apply for a licence under the new conditions in the Act.

“The 2017 amendment Bill re-applies this requirement for submission of application in keeping with the classes of licences, the zoning for operations and the adjusted fees for the different zones.
This is a practical measure, and logical within the context of the adjusted broadcasting landscape, which was done in full conformity with the existing Broadcasting law,” the prime minister concluded.