Six-month grace period recommended for TV operators by independent report Stabroek News December 27, 2000 If and when broadcast legislation is passed, operators should only be allowed six months to comply with the law, according to a report prepared by two media consultants. This recommendation comes from a report prepared by Hugh Cholmondeley and Kit Nascimento who are on a committee to chart a way forward for legislation over broadcast operations. The committee was formed following a seminar of broadcasters and government officials held on June 28, and chaired by President Bharrat Jagdeo. It was supposed to have delivered a set of recommendations 30 days later. But the members have failed to reach consensus on a number of issues, including the grace period before legislation is enforced. Broadcasters on the committee contend they need more time to regularise operations that might also infringe on proposed copyright laws and intellectual property rights. Many developed nations are pressuring less developed countries into establishing legislation that prohibits the pirating of overseas programming. Amidst the stalemate, the two consultants decided in late September to issue an independent report which is now with Dr Prem Misir, the committee's chairman, awaiting action. Attempts to reach Misir over the last few weeks have been unsuccessful despite countless messages being left with his secretary. Stabroek News has seen a copy of the report which sets out the technological changes that would affect drafting legislation. "Ongoing technological innovation was based on convergence ...familiar household instruments such as the telephone, television and computer were being endowed with the capacities and capabilities of each other... these emerging technological capabilities raise interlocking concerns about freedom, protection, competition, monopolies, regulation and standards." The report recommends that any legislation should be expansive enough to accommodate future forms of broadcast delivery. A good portion of the report deals with the regulation of content to create "an environment in which the lives of audiences are continually enriched through provision of broadcasting services that inform, educate and entertain." Many observers have noted the Wild West "anything goes" content of local programming. "Regulatory policy will require of licensees formal subscription to standards of taste, decency and privacy that aim to ensure the avoidance of criminal, violent and anti-social behaviour while safeguarding the welfare of children and maintaining independence from commercial interests." "Specific attention will be paid to the principles of impartiality, accuracy, fairness, the right of reply and the overriding need to clarify distinctions between fact, inferences and fiction in all news, current affairs, education, entertainment, cultural, religious and other programming." Programme makers will also be encouraged to develop an Advertising Code. The report makes no recommendation on how members of a Broadcasting Authority to enforce legislation, would be appointed. This was a point of contention at the original seminar because broadcasters were concerned over political bias in the law's application. Instead, the report offers various appointment practices from other countries including by Members of Parliament. "The second seminar may therefore wish to further discuss and decide on the means and method of appointing the members." As for the grace period, which some at the seminar felt should extend for ten years the report states: "...the period of grace should not extend beyond six months after the passing of the Act and that the provisions in the Broadcasting Act for the powers and functions of the authority be fully applied to any and all current public and private broadcasters." The two consultants also recommend that the authority should incorporate the responsibilities of the National Frequency Management Unit and issue one licence that covers both technical and content standards. The licence should be for a specific period and non-compliance to its regulations would incur fines. Finally, the report suggests that before any legislation is drafted public forums should be held to create consensus about the future of an industry that affects almost all citizens. Follow the goings-on in Guyana in Guyana Today