Dear Editor,
I write to clarify matters with respect to the Linden TV issue and more particularly a misconceived posture taken by Lincoln Lewis in his letter, `Linden TV should not be used as a political football,’ in the Sunday Chronicle of April 10, 2016. The said letter appeared in the Kaieteur News and the Stabroek News under different captions. Mr. Lewis asserts that “The Chairman of the Guyana National Broadcasting Authority is reminded that it is not within his remit to make pronouncements on the composition of the Trust. The Board’s place is to operate within the parameters of the laws which the licence will be issued, and the composition of the Trust is not among that.” I wish to thank Mr. Lewis for offering to remind me of my remit however his reminder is misplaced for several reasons.
First among them being that at the invitation of the Prime Minister at a closed door stakeholders’ meeting in Linden, I was able to clarify the statutory requirements that must be met to satisfy the conditions for issuance of a TV Licence, I also clarified the history of the application trail based on the records of the GNBA; these were made available to the stakeholders through the Office of the Prime Minister. Based on questions coming from the floor, it became necessary for me to outline the difficulties it will pose if they were to scrap the current entity with which we are currently engaged for consideration of granting a licence. As a recommendation, to be able to continue to satisfy the said statutory requirements, I suggested that the current number of trustees be expanded to include a wider range of stakeholders. If this route is accepted as a compromise to solve the impasse, they will simply have to notify the GNBA of the change in Directorship with the supporting documents and the GNBA can proceed as it would have with a smaller number of Directors.
Second, I made it clear at the said meeting that it would be beyond my remit or outside the powers of the GNBA to mandate for them what should be the structure (in terms of stakeholders composition) and size of the Directorate. There was a general agreement among stakeholders that an expansion of the Directorate from its current maximum of eight to between 13 and 15 would be decided at a subsequent meeting among themselves. I offered the assistance of the GNBA to continue to provide advice and guidance with respect to them fulfilling all statutory requirements.
Third, it is true that the GNBA cannot dictate the size and the structure of the Directorate of the Linden TV outfit, however in consonance with several provisions of the Broadcast Act #17 of 2011, the GNBA is mandated to consider things such as percent of Guyanese and Caribbean ownership, the fact that no one shall own or control more than a certain percentage of the broadcasting sector and the fact that the Broadcasting Agency, either during or after the application stage, must notify the GNBA of any changes in its ownership structure or the actual persons who are Directors. Further, any ownership transfers or arrangement for sub-contracting of management must also be made known to the GNBA either during the application process or after the Licence has been granted. All these aspects require the consent of the GNBA.
It is therefore a sensible path to pursue for me as Chair of the GNBA, with the agreement of the Office of the Prime Minister and general consent of the current Board of Trustees and other stakeholders of Linden, to offer advice and guidance on these issues that directly impact the eventual ownership and management structure of the Broadcasting Agency.
Finally, the said Broadcast Act mandates by virtue of sub-section 18.2.g that, “The Authority shall– establish mechanisms to resolve conflict through arbitration, conciliation; mediation and other forms of dispute resolution;” There is clearly a dispute in Linden and the GNBA is well within its right to attempt to foster some form of conflict resolution. While I am certain that the Prime Minister is capable of defending his reputation I feel it is justified to say that the subject Minister referred to in the Act is the Prime Minister who has responsibility for the GNBA and has a direct interest in ensuring that all kinks in the broadcasting landscape are ironed out.
Further subsection 19:d of the said Act mandates as the Broadcasting Policy of Guyana that the GNBA must contribute “to the strengthening of a shared Guyanese consciousness and identity, fostering national unity and building a harmonious society;” Whether the choice of approach has succeeded or failed to build harmony in Linden is another matter but there was no political interest to serve, I acted professionally and within the parameters of the law; it is well within the remit of the GNBA to offer advice on the way forward for TV in Linden.
Yours faithfully,
Leonard Craig
Chairman of GNBA
