APNU Member of Parlia-ment Joseph Harmon has moved to introduce a slew of amendments to the Broadcasting Act to strip away some of the powers exercised by the president in the appointment and functioning of the National Broadcast Authority.
Harmon has given written notice seeking leave for the introduction and the first reading of the Broadcast (Amendment) Bill 2013, in his name, set down under Private Members Business on the Order Paper.
According to the bill’s explanatory memorandum, the amendments seek to give effect to the report of the 2001 Hoyte-Jagdeo Joint Committee on Broadcast and State Media, which it says were ignored in sections of the Act.
It also says that the amendments proposed in the bill seek to “reduce the overarching influence of the Minister responsible for Broadcast in the appointment and functioning of the Guyana National Broadcast Authority.”
Long-delayed, the broadcasting law was passed by the PPP/C in July, 2011, without the support of the then main opposition the PNCR-1G, whose MPs walked out before its passage. Then opposition leader Robert Corbin said the bill “contravenes every tenet of consultation” and “violates the spirit of a joint committee” set up by President Bharrat Jagdeo and late PNCR leader Desmond Hoyte a decade ago. Corbin had said that the bill also contravened an agreement he and Jagdeo had signed previously and had signalled that if APNU won the government it would revoke the legislation.
The AFC supported the law.
The composition of the board has been an issue of contention and Harmon’s amendment bill seeks to remove the president’s current responsibility for appointing the chairman and all members of the board. The amendments propose that the board members shall be nominated by parliamentary parties in proportion to their relative seat allocation in the National Assembly.
The bill also seeks to provide for the election of the chairman of the board of the authority by a simple majority by the appointed board members at the first meeting of the board.
It also proposes a new subsection under Section 32 of the Act to read, “All applicants for new and renewed licences shall indicate in their proposals, required under 32 (b), how their programming will achieve such standards of fairness, balance and accuracy as defined by the Guyana National Broadcasting Authority on all matters of public interest and importance.”
The bill once passed would also amend Section 35 of the Act by removing the words “after consultation with the Minister” with respect to the rules to be observed by broadcasters on their content in their programming.
Harmon is seeking as well to amend Section 36 of the Act in a similar manner, with the words “after consultation with the Minister” being removed from subsection (a). It also seeks to remove the words “from time to time consult the Minister as to” and replaces this phrase with the word “determine.” This is to say that the authority will determine the classes and descriptions of advertisements which shall not be included in licenced services.
The bill seeks to amend Section 40 of the Act, substituting the words “National Assembly” in place of “Minister” with regard to fees and recovery of fees.
An amendment to Section 44 of the Act is also envisaged to remove the custodial sentence for those broadcasters who contravene any provision of the Act and who are currently therefore committing an offence and are liable on summary conviction. Those broadcasters would be subject to a fine of $200,000 only.
It also proposes to amend Section 48 of the Act by removing the word “Minister” and replacing it with the phrase “National Assembly” as the entity to receive advice of the board to make subsidiary legislation for better carrying out of the provisions of the Act.
According to the bill’s Explanatory Memoran-dum, the proposed amendments are informed by the provisions of the Constitution of Guyana Article 146 (1) which guarantees the freedom of expression and freedom to receive and disseminate information.
