Mr.
Michael Symonette
Executive Director
Agape House
4th Terrace East Collins Avenue
P. O. Box N-4860
Nassau, the Bahamas
Dear Mr. Symonette,
Re: The Interim Code of Practice for Political Broadcasts (“ICP”)
Please note that this letter and the position set out below represent the collective view of the Progressive Liberal Party.
We reviewed the Interim Code of Practice (“
ICP”)
issued by URCA to address the content of political broadcast during the
Elizabeth by-election. Fundamentally, it is our view that the ICP
breaches the Communications Act and also the provisions of the
Constitution.
We
draw the following to your attention: (i) Section 52 of the
Communications Act empowers URCA to make "by determination" matters to
regulate content services; and (ii) Section 53 empowers URCA to issue
code of practice for audiovisual media services.
It
is our view that the ICP must comply with the regime for the making of
determinations as set out in the Communications Act, more particularly
Sections 99 to 102, inclusive.
In
reviewing the Communications Act, it is our view that URCA does not
have the authority to issue an interim Code. Based on the same, the ICP
is ultra vires.
We
also draw to your attention that Part IX of the Communications Act
makes it clear that URCA's jurisdiction to issue a Code is essentially
to regulate content.
Although content is not defined in
the Act, to arrive at a purposeful interpretation, content must be
substantively focused on the “message” that is being carried by the
audiovisual means. In this regard, we agree with the provisions set out
in Clause 5 of the ICP.
We
note that the repealed Broadcasting Rules addressed the proportion
allotted for political broadcasts by political parties. It appears that
URCA has followed that trend in the ICP. This inevitably led to a
flawed approach, as at the time of the establishment of the Rules there
existed only one radio and television station and therefore the
requirement for apportionment was a critical feature of the then
regulatory environment.
The
present ICP, in our opinion, has failed to recognize the growing number
of radio and TV stations that can accommodate political ads and
therefore there should be no need to create a system of apportionment.
Furthermore, and perhaps more fundamentally, such an approach is a
breach of the PLP’s constitutional right to free speech, as guaranteed
by the Bahamian Constitution.
Further,
in its present draft the ICP is foul of URCA’s duty under Section 5 to
ensure that there is an "efficient and proportionate" regulatory
environment.
We
therefore invite URCA to withdraw the ICP with immediate effect. It is
our view that the parties should be free to enter into any arrangements
with any media outlet they so choose without regard to the quantity
proposed in the ICP. This should apply uniformly to coverage of
political rallies, political advertisements and candidates’ broadcasts.
We shall await your confirmation of the same and any response to the specific matters set out above.
Yours sincerely,
Perry G Christie MP
Leader of the Opposition
