Radio monopoly end formally recommended
Fair state media access urged
Stabroek News
January 21, 2002

The joint committee on the radio monopoly and state media boards has recommended new legislation that would end the state monopoly of the airwaves and allow political parties fair access to the state media.

Over the years, these have been areas of great contention and following the start of dialogue last year between President Bharrat Jagdeo and Opposition Leader Desmond Hoyte a committee was established to address these matters. Its report was submitted to the two leaders last month.

The new legislation should also address the establishment of a single broadcasting system, comprising public state-owned, commercial private and community broadcast services, regulated and supervised by a single independent public authority. This authority will replace the broadcasting advisory committee now in place which had been recommended as a temporary measure to monitor the implementation of the amended Wireless and Telegraphy regulations promulgated last year by Prime Minister, Sam Hinds.

The committee has also proposed the reconstitution of the state media boards to give greater representation to the parliamentary opposition parties. It suggests too that the persons nominated to sit on these boards should be able, singly and collectively, to discharge their responsibilities to the best of their professional abilities and in the public interest.

Other recommendations include the establishment of clear and enforceable codes of practice for licence holders to ensure the responsible and professional use of the airwaves, access to the state media by political parties and candidates based on agreed objective and fair conditions.

The committee recommended that any broadcast legislation or regulation governing the use of the spectrum must be guided and underpinned by principles and policies whose objectives should be among other things to:

*ensure that broadcasting services are effectively owned and controlled by Guyanese;

*ensure that, while recognising the special role of state-owned media, the broadcast industry is nevertheless open to fair competition, and therefore all monopolies, whether private or state, should be removed or not be allowed;

*contribute to the strengthening of a shared Guyanese consciousness and identity;

*ensure wide geographic availability and accessibility of broadcasting services, especially to hinterland and border communities;

*safeguard, enrich and strengthen the cultural, social and economic fabric of Guyanese society;

*Serve the needs and interests, and reflect the circumstances and aspirations of Guyanese, including those of equal rights, and the multi-cultural and multi-racial nature of the Guyana society;

*cater for a broad range of services, specifically for the programming needs of Amerindians, children, women, youth, the disabled, the underprivileged and rural residents;

*ensure that commercial and community licences, taken as a whole, are controlled by a diverse range of Guyanese persons or groups.

About the proposed broadcasting system, the committee recommended a three-tiered system comprising public service (state-owned), privately-owned commercial, and community broadcasting services.

It said that while it recognises that these three tiers share common aspects, they nevertheless operate under different conditions and may be subject to different obligations and responsibilities.

The committee recommended that the Broadcast Authority should be independent and autonomous and answerable only to the National Assembly.

The recommended functions of the Authority are to include:

*the formulation of policies governing broadcasting in Guyana in compliance with any national broadcasting policy framework and legislation;

*issue of guidelines, standards and regulations within its jurisdiction under the broadcasting act and to encourage broadcasting of the highest possible quality.

*formulation of the terms and conditions for issuing licences for radio, television or any other new broadcast technologies;

*establishment of a system for monitoring the transmissions of licensees to ensure their adherence to the broadcasting legislation and regulations;

*setting and collecting fees relating to licences issued and to use those fees in ways specified in the legislation;

*investigation of complaints as well as the initiation of investigations into alleged broadcasting violations; *setting up mechanisms to resolve conflict through arbitration, conciliation, mediation and other forms of dispute resolution;

*institution of a hierarchy of penalties and sanctions for violations of broadcasting law and standards.

The Authority is to be headed by a board of no more than five and no less than three members selected by the National Assembly and appointed by the President. The board will elect a chairman at its first meeting.

With regard to the Code of Conduct, the Committee has recommended among other things that it should be developed in collaboration with licensees and should be self-regulating.

It said too that the Code should provide for penalties to be imposed for broadcasting material which among other things:

*offends good taste and decency;
*incites crime or disorder;
*offends public sensibilities;
*deliberately distorts information;
*disrespects and ridicules religious and cultural beliefs;
*includes obscene or racially inflammatory content;
*exposes children unnecessarily to violent and pornographic programmes; and
*stereotypes social and ethnic groups.

The committee further recommended that the state-owned media should facilitate, during election season, access of political parties and candidates to the state media, based on objective and fair criteria governing allocation methods, airing times, and qualification thresholds as established by the broadcast authority on advice from the Guyana Elections Commission.

The committee also recommended that the state media should:

*provide news and current affairs coverage of the views, statements, activities and policies of political parties in a manner that is impartial, balanced and accurate, thereby allowing the public to make informed political choices; and

*facilitate political parties and candidates in their right of reply (this principle should not be exclusive to political parties).

The committee was co-chaired by Minister of Youth, Sport and Culture, Gail Teixeira and PNC/R parliamentary front-bencher, Deryck Bernard.