The bill is now in circulation almost four weeks after the two-month deadline given in the May 6 communique signed by President Bharrat Jagdeo and Opposition Leader, Robert Corbin. The communique had set July 5 as the deadline but the government asked for an extension.

The bill has been circulated to stakeholders and prospective stakeholders in the broadcasting industry for their comments. According to Prime Minister Sam Hinds, who has ministerial responsibility for communications, the bill is scheduled to be tabled by mid to late October. The communique set September 6 as the deadline by which it should be tabled.

The bill establishes a Broadcasting Authority with powers over programming and the authority to determine the issue of impartiality and the ways in which it may be achieved. The Authority will replace the Advisory Committee on Broadcasting (ACB). The ACB was set up under the joint communique signed by President Jagdeo and then Leader of the Opposition, Desmond Hoyte SC.

The Authority is also to be given the powers to set the rules governing the standards and practices in advertising and the sponsoring of programmes, and prescribing what advertisements and methods of advertising and sponsorship are prohibited in certain circumstances. The Authority is required to publish these rules in a local daily newspaper

The Authority, which will be responsible for the issuance of television and radio licences once a frequency has been allocated by the National Frequency Management Unit, will have the power to require a broadcaster to make an apology or correction, where appropriate, in the form it directs. However, this direction cannot be issued before the licensee is given an opportunity to be heard on the matter. It also requires the Authority to afford the licensee to be heard on a complaint, which includes the suspension of a licence.

According to the bill, the country’s broadcasting policy must among other things serve the needs and interests and reflect the circumstances and aspirations of the Guyanese people. It adds that broadcasting services must be effectively owned and controlled by Caricom nationals. Licensees must stipulate what percentage of their programming will be produced in Guyana and Caricom.

The bill also recognises the “special role of the state-owned media but says that the broadcast industry must nevertheless be open to fair competition.”

It provides too that the policy should reflect the diverse social, cultural, political and economic nature of the society and encourage the development of local programmes and the use of local skills and resources.

It states that the policy should require the broadcast media outlets to provide important news and public affairs programming, which meets the highest standards of journalism, including fair and unbiased coverage, impartiality and balance.

The implementation of the policy is to be overseen by a broadcasting authority accountable to the National Assembly through the responsible Minister, and would be responsible for the granting of radio and television licences and ensuring broadcasters comply with the conditions of their licences.

The size of the board could vary from between four and six. And the bill says that the President may appoint three of its members nominated by the Appointive Committee of the National Assembly, one other among persons recommended to him by the broadcasting community and one other from those recommended by the consumers’ representative bodies. It provides too that the President may appoint the chairman after consultation with the Leader of the Opposition.

High professional integrity and experience in one of the following areas: wireless telegraphy, broadcasting, law, performing arts, literature, science, finance, accountancy, administration and public service, are the criteria persons must meet to be eligible for appointment.

The bill provides in the exercise of its authority to grant licences that it “shall not grant a licence to an applicant, unless the National Frequency Management Unit has no objection to the grant of that licence and has allocated the frequency for that purpose.”

It provides too that before the authority suspends the licence of a television or radio station operator, it must afford them a reasonable opportunity to make representation on the suspension and as well as to be heard on the substantive complaint.

In the conditions for the issue of licences, the bill provides for the Broadcast Authority to summon public hearings at which applicants for new or renewed licenses will present their proposals, business plans and technical specifications.

Another condition governing the licences includes the obligation to ensure that listeners and viewers within prescribed coverage areas are able to receive signals with reasonable ease, minimum difficulty and maximum clarity.

One of the other conditions requires public comment whether by way of interview, discussion, debate or phone-in conversation to be well-mannered and courteous and that interviewees must always be given a fair chance to fully respond to questions, and interviewers should not be aggressive, hectoring or rude.

The bill also lists among the general requirements of licensed services the requirement that the Authority do all it can to ensure that the service provider preserves due impartiality, in respect of political matters and industrial controversy, or matters relating to current public policy. It also provides for the Authority to draw up, and from time to time to review, rules giving guidance in connection with these matters.

The requirements also impose the obligation on the service provider to exercise due responsibility with respect to the content of any of its programmes which are religious programmes, and that in particular they do not involve among other things any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.

The bill also provides for the responsible minister to require a licensee to refrain from including in their programmes any matter specified in a published notice. It also requires, at the request of the Authority, licensed radio and television services to retain for a period not exceeding 90 days, a recording of every programme and to produce at the request of the Authority any script or transcript of a programme they are licensed to air.

Among its miscellaneous provisions, the bill provides for a $1M fine to be imposed and equipment forfeited for broadcasting without the required licence on summary conviction. Any breach of the provisions of the bill and/or its regulations carries a $200,000 fine and a six-month jail term.