Freedom Radio, MTV lawless …GNBA defends sanctioning outfits after 53 infractions
THE Guyana National Broadcasting Authority (GNBA) has provided evidence that the People’s Progressive Party (PPP) affiliated broadcast companies, MTV and Freedom Radio, have committed a total of 53 infractions since the start of the year and were rightfully sanctioned.
The evidence was provided in response to Leader of the Opposition, Bharrat Jagdeo, who claimed that the two broadcast companies were sanctioned because they aired disparaging comments about President David Granger. “I am saying this without fear of contradiction, that the GNBA did not sanction Freedom Radio or MTV for airing any comment against H.E. .. This contention by the Leader of the Opposition can only be a reaction of his own conscience and knowledge that it is defamatory of one’s reputation to publish disparaging comments that cannot be justified,” said Chairman of the GNBA, Leslie Sobers, during a press briefing on Thursday.
The GNBA, he said, has not and does not intend to target any broadcaster who is sympathetic to the cause of the PPP or advocates that party’s political position. Freedom Radio and MTV were summoned to separate hearings of the GNBA, as allowed by Section 28 of the Broadcasting Act, not for any reference to the President as being a charlatan, but for other breaches of the Broadcasting Act. Section 28 (2) of the Act states where a complaint is filed under subsection (1) or where the authority in regards to subsection (1) is satisfied that the complaint is justifiable, the authority shall issue a notice to the licensee specifying the grounds and the particulars relating thereto and the date, time and place of hearing of the matter.
“A notice under subsection (2) shall be served on the licensee by registered post or in such manner as the Minister may, after consultation with the Board. After the conclusion of an inquiry, the authority is satisfied that there has been a breach of any provision of this Act, it may make such order including an order for the cancellation of the licence, as the Authority thinks appropriate,” said Sobers.
Although the GNBA does not go the route of cancelling licences, they had to find other sanctions for the two companies, mainly because MTV committed a total of 27 infractions between January 2019 and September 2019, while Freedom Radio committed 26 infractions.In most instances, the authority said those infractions fell into the “red line” category, which once recorded, allows the GNBA to call in a company for questioning immediately. GNBA had worked out a system to fine broadcasters according to the colour code. Broadcasters who have red infractions will have to pay a fine of $50,000-$100,000 while those with orange infractions have to pay a fine of $25,000-$50,000 and those with yellow will be fined between $10,000-$25,000.
Broadcasters can also be fined $50,000 for failure to provide a recording when ordered to do so. In addition, if a broadcaster fails to pay a fine on the due date, the authority will add $1000 for every $1,000 not paid. Repeat offenders will, however, be liable for suspension or revocation of licences.
MISLEADING
Sobers said Jagdeo’s contention that Freedom Radio was fined $75,000.00 for publishing his charlatan comment about the President, is false, maliciously deceptive, designed to mislead the nation and tarnish the principled stand of the Broadcasting Authority. Freedom Radio, he said, was called in to the authority and simply encouraged to refrain from committing infractions.
“Our mandate can be gleaned from the Broadcasting Act of 2011. I hasten to say, as I have said before, that the Broadcasting Act of 2011 was piloted through Parliament by the now Opposition and assented to by former President Bharrat Jagdeo, now Leader of the Opposition. “I would imagine that the Broadcasting Act having been piloted through Parliament by the PPP, Freedom Radio would comply with the said Act,” said the GNBA chairman.
The authority, he said, is just enforcing the law and has been unbiased in doing so. Sobers said all broadcasters have been treated equally and to show that, he said HBTV was fined, NTN was fined, NCN was warned and Benschop Radio was warned in the past. The Authority, he said, is not unmindful of citizen’s fundamental right to freedom of expression and is fully aware of and understands the meaning, the spirit and intent of Article 146 of the Constitution which guarantees freedom of expression. However, that right is not an unfettered right, it has limitations.
Source: Guyana Chronicle
