Controversial Broadcast Bill
The Georgetown Chamber of Commerce & Industry (GCCI) has expressed concern over Government using its “slim majority” to advance legislation to amend the Broadcast Bill.
In a statement issued on Wednesday, the GCCI appealed to President Granger to withhold his assent to the Bill in its current format, urging the Head of State to instead send it to a Select Committee.
The GCCI has posited that the bill should be handed over to Prime Minister Moses Nagamootoo — who has the Information portfolio — to hold consultations with various industry stakeholders.
The GCCI has opined that Government should consider amending the language in the bill in an effort to make it more appealing to stakeholders. The body pointed out that its stance was taken following various consultations among its members within the media industry.
“GCCI would like to register its concerns with the current legislation approved by a slim majority in Parliament… We note that the legislation includes two particularly contentious portions,” the veteran body noted in reference to Section 9 (1) and the First Schedule of the 2017 Amendment to the Broadcast Bill.
According to Section 9 (1) of the bill, “Every person carrying on a broadcasting service immediately before the commencement of this Act, for which a licence had been previously issued, shall apply, within thirty days of the commencement of this Act, for a licence in accordance with the provisions of the Principal Act, as amended by this Act, for the continuation of the broadcasting service.”
The GCCI says this language “creates an abrupt process” which, in its view, could see some broadcasters and entrepreneurs “having to wind up their operations within an unreasonable amount of time”.
“Some of these entrepreneurs have invested into equipment and have bank debt securing their investment; therefore they would need a more reasonable timeframe and an appeals process that (would) allow for fairness in the process,” the GCCI has reasoned.
The GCCI further expressed its objection to the first schedule, which insists that: “Every broadcasting agency shall broadcast public service programmes in the following manner – (a) for a total of up to sixty minutes per day; (b) between 6:00 hrs and 22:00 hrs; and (c) free of cost.”
It also states that the Guyana National Broadcasting Authority (GNBA) reserves the right to direct a broadcasting agency to broadcast emergency notices or disaster warnings for any length of time, and regularly during peak or prime advertising time periods, depending on the nature of the emergency and having regard to public safety.
GCCI sees this section as Government intrusion, and highlighted that it threatens freedom of expression.
“It is important to note that, in the Constitution of Guyana, freedom of expression, which as James Madison, one of the architects of the US Constitution, posited, is a free trade in ideas that is necessary for servicing the civic needs of a democratic polity, is guaranteed, and broadcasters, once licensed, can be seen as public trustees of the spectrum. Therefore, to require an intrusion with Government-chosen programming violates this notion of freedom of expression,” reasoned GCCI.