-following CJ Chang’s ruling
Linden businessman Norman Chapman has welcomed the ruling by Chief Justice (ag) Ian Chang on broadcast licensing and says he intends to renew the bid for a radio/tv licence shortly
Chapman and former Region 10 Chairman Mortimer Yearwood were the applicants in the case brought against the attorney general alleging infringement of their constitutional right to freedom of expression.
Chief Justice Chang on December 12 ruled that while no applicant has an absolute right to a licence to operate a radio or TV station, or residents the absolute right to receive information, government has a constitutional duty to deal with applications efficiently.
“This court finds that there was excessive delay by the State in considering the second-named applicant’s applications for licences to operate a radio and a television network in Region 10 and that such a delay constituted a violation or infringement of both applicants’ right to freedom of expression under Article 146 of the Constitution in so far as their freedom to receive ideas and information as residents of Region 10 was hindered or restricted by such delay”, the CJ declared.
He added that the court did not see it fit to make an order directing the state to immediately provide measures for the applicants to receive information and ideas in Region 10 from operators other than NCN since there was no absolute right to a licence or to receive ideas and there was therefore no corresponding absolute duty for the government to provide for such.
In an interview, Chapman told Stabroek News that the community needs more television stations. For years up to the present, only state-television was allowed to broadcast in Linden. Currently, residents there can only access two local television channels, both of which are controlled by the state-owned National Communications Network. Residents have complained that views or news unfavourable to the government are not aired on the station. Yearwood had sought to set up a radio station in 2001 but was told that the application would be put on file because reform of the broadcast sector had to be completed first.
In 2005, the duo brought a constitutional case before the court. Chapman welcomed the landmark ruling stating that it was “correct” and “fair”. He declared that the community could not have only one television station and stated his intention of reapplying for television and radio broadcasting licenses.
“It is necessary” he said while relating an incident during which he had paid for a memorial programme to be aired on the state-controlled channel and had even spoken with the management but when it aired, it had been edited. “They don’t allow you to speak freely and then they muzzle you”, Chapman stated adding that the only thing aired was “what would please the government”. He asserted that with independent TV stations, residents would be able to express their feelings and speak freely. He also noted that programmes and news on the state owned Channels would only be of certain content. “They tell you just what they want to tell you”.
The businessman said that residents of the mining community would welcome other sources of information. “People would like to have Sharma in Linden”, he commented reiterating that the Chief Justice’s decision was “free and fair” and “quite right”.
But, the government, through Attorney General, Doodnauth Singh has indicated that it would appeal the ruling. Chapman says that he does not think that the government has any grounds for appeal. “They would only be wasting taxpayers’ money”, he asserted, calling any appeal unfair and an attempt to curtail the court.
He declared that the government’s intention indicates that it does not want any freedom of expression and an appeal would be a “bad move”.
Chief Justice Chang, in his ruling, said that government cannot penalize the people of the mining town and freeze applications for wider broadcast access until it reaches a political consensus with the main opposition party on broadcast legislation. While acknowledging that reforms in the telecommunications sector are critical, Chang held that residents in the community should not be made to suffer, and he ordered that all applications for television and radio licences be dealt with immediately, and not at the convenience of the administration.
Chang said applications should not be placed on file as had been the practice since the issue speaks to the fundamental right of residents in the community-freedom of expression. According to him, there can be no excuses, particularly as it relates to the administration having to consult with the main opposition PNCR to move the legislation forward in the telecommunications sector. He however ruled that there was no discrimination against Region 10 as alleged by the applicants.
Two weeks prior to Chang’s ruling, the PPP/C used its parliamentary majority to defeat a motion in AFC Member of Parliament, Sheila Holder’s name that sought to have the National Assembly call on government and the NFMU to permit operators of private television channels the right to relay and beam their signals to Linden, Wismar and other Region Ten communities, without having to attain additional licences and pay additional fees. The government spokesmen did, however, say that they were willing to begin issuing new licences and re-examine the long-awaited broadcast legislation.
The 2002 census said that Region 10, of which Linden is the largest population centre and only town, has a population of 41, 112. (Gaulbert Sutherland)
