CNS channel 6 gets four months suspension for License infringements

Saturday, April 12, 2008

THE television License of CNS Channel 6, owned and operated by Mr. Chandra Narine Sharma, has been suspended for a period of four months, beginning midnight last night.

Sharma’s License was suspended after his television station was found to have committed serious infringements of the conditions of the Licence by broadcasting on four occasions, including three rebroadcasts, of content that advocated the killing of Guyanese Head of State, President Bharrat Jagdeo.

The threat on the life of the President was made by a ‘caller’ on the controversial live call-in programme on CNS channel 6 – ‘The Voice of the People’.

Below is a statement issued late last night by the Government Information Agency (GINA) outlining the reasons for the suspension:

“On February 26, 2008 and March 10, 2008, the Licensee of CNS Television Channel 6 Licence No. 332V/12/OT/2001 (“the Licensee”), was written to by the Advisory Committee on Broadcasting (ACB) concerning alleged infringements of the conditions of the Licence on February 21, February 22 and February 23, 2008.

The ACB’s letter of February 26, 2008 cited infringements by the Licensee (Sharma) of the Licence Conditions by broadcasting content on the “Voice of the People” programme aired on February 21, 2008, that was an incitement to crime, was offensive to public feeling, was offensive to good taste, was presented without due accuracy and attempted to trivialise serious statements made by the Head of State. In particular, the ACB noted the following offending content:-

“Caller: The President was out of the country. As soon as he got back, he knew exactly who did the massacre at Bartica

Host: How do you know he knew?

Caller: He made that statement yesterday on the air....The very people who did the act at Lusignan did that there. How can he prove that? What evidence does he have to prove that?”

“Caller: ...and the next thing, Mr. Sharma, Jagdeo have some expire Ministers walking with him and them giving up a lot of new fire as far as I am concerned. Because look at these killings and nobody can’t give account about these people’s lives and Jagdeo going to take a high risk job by going and tell people to calm down; he’s going to bury the dead bodies. If anything is going to happen to my family, I am going to kill Jagdeo.”

The ACB further required the Licensee to indicate within three days of the date of the Letter, his position in respect of the infringements.


The Licensee responded to the ACB on February 28, 2008, expressing regret about the content of the “Voice of the People” Programme aired on February 21, 2008 and indicating that he did reprimand that caller for “making such irresponsible statements on the air”.

The Licensee also indicated that he is in the process of installing a delay failure on the telephone used for live broadcasts that should prevent future occurrences. The Licensee also apologised for the “unfortunate incident”.

The ACB then wrote to the Licensee on February 29, 2008, accepting his apology and indicated that no further action will be taken in respect of the ACB’s letter of February 26, 2008.

Then on March 10, 2008, the ACB wrote to the Licensee citing the Licensee for infringements of the Licence conditions by re-broadcasting on February 22 and February 23, 2008, the very same programme first aired on February 21, 2008, ” with the offending words intact”.

The ACB further noted that each rebroadcast was a new infringement and that though the first broadcast was a spontaneous infringement, the Licensee could have edited out the offending words before the rebroadcasts were aired. Again the ACB required the licensee to indicate his position in respect of these infringements.

The Licensee responded on March 28, 2008, stating that the programme in question was not re-aired after the ACB’s first letter of February 26, 2008 and that when it was re-aired on the occasions prior to the ACB’s February 26 letter, it was done without the knowledge of the Licensee by the “person who books programmes”.

The Licensee expressed regret about the rebroadcasts and indicated that he would put in place measures to ensure that such an occurrence was not repeated.

On April 2, 2008 the ACB forwarded to President Bharrat Jagdeo, as the Minister responsible for communications, copies of the letters sent to the Licensee and the responses from the Licence.

The ACB was set up in 2001 as an Advisory Committee pursuant to the Wireless Telegraphy Regulations made on November 17, 2001, under the Post and Telegraph Act, Cap 47:01 (“the Act”).

The functions of the ACB are to advise the Minister on compliance by Licensee with the terms and condition of licences and to recommend to the Minister appropriate action which may be taken including revocation of a licence where a Licensee is in breach of the terms and conditions of the Licence.

The role of the ACB is merely advisory. The Minister is the sole authority vested with power to decide whether a Licensee has breached the terms and conditions of their Licence and/or the provisions of the Act or the Regulations and whether any sanctions may be imposed therefore.

The Act provides that the Minister may suspend or cancel the Licence for such breaches.

In view of the statutory authority and responsibility vested in the Minister, Dr. Roger Luncheon, Head of the Presidential Secretariat/Secretary to the Cabinet, wrote to the Licensee on April 8, 2008, on behalf of the Minister indicating that the Minister was of the opinion that the Licensee’s written responses to the ACB concerning the infringements cited by the ACB were not adequate.

Further, the letter noted that the Minister is of the opinion that the infringements were sufficiently grave to warrant cancellation or suspension of the Licence. The letter also reminded the Licensee that the Act and the regulations provided for the suspension or cancellation of the Licence for breach or infringement of the conditions of the Licence.

The Licensee was invited to meet with Dr. Luncheon, on behalf of the Minister on Thursday, April 10, 2008 concerning the alleged infringements and to show cause why the Licence should not be cancelled or suspended. The Licensee was also invited to bring his legal or other representative to the hearing.

Prior to the hearing, twenty minutes before the time of the scheduled hearing, the licensee approached the court for, and obtained an order prohibiting Dr. Luncheon from conducting the hearing on the basis that he had no authority to conduct the hearing.

In view of the court order, President Jagdeo issued a letter similarly worded as the April 8, 2008 letter from Dr. Luncheon and invited the Licensee to attend a hearing on Friday, 11 April 2008 at 3:00 p.m.

The Licensee attended the hearing with his legal counsel and others. The Licensee requested that the President, acting as Minister of Communications recuse himself form the hearing as he is an interested party.

The Licensee further indicated that he had approached the court earlier in the day for an order to prevent the President as Minister of Communications form hearing the matter.

The Licensee indicated that such an order was not granted prior to the hearing and that the matter was scheduled to be considered by the court next week.

The Licensee clearly sought to prevent hearing of the matter in every case, both through the Minister’s delegate and by the Minister himself.

The President as Minister, in company of the Attorney-General, heard the Licensee on the charges of alleged infringements and allowed full opportunity to the Licensee to show cause why the Licence should not be cancelled or suspended.

The Licensee acknowledged at the hearing that the broadcasts infringed the conditions of the licence and the law.

The Licensee was found to have failed to provide satisfactory explanation as to why the offending broadcasts continued to be aired on CNS Channel 6, even after the licensee recognised that the content of the programme infringed the conditions of the Licence.

The licensee was accordingly found to have committed serious infringements of the conditions of the Licence by broadcasting on four occasions, including three rebroadcasts, of content that advocated the killing of the Head of State and Government.

The broadcasts clearly constituted extremely grave offences. Under no circumstances could the Minister allow a Licensee to use the airwaves, without sanction, to advocate the killing of any citizen, moreso a Head of State and Government.

The Minister therefore decided that the licence would be suspended for four months with effect from midnight April 11, 2008.”


Reference Source

I have to read up on this later.
I always had a soft spot for Sharma, he is the man for the people.

President Bharrat Jagdeo last night ordered CNS Channel Six off the air for four months from midnight over an on-air licence infringement committed in February, a move that Sharma referred to as dictatorial, and one that sparked outrage on the television station last night.

In a letter addressed to Sharma and dispatched a few hours after a meeting at his office to determine what would happen to the station’s licence, Jagdeo said he found Sharma’s explanations unsatisfactory as to why the offending broadcasts continued to air on CNS Channel 6, even after Sharma recognised that the content of the programme infringed the conditions of his licence.
Later in a press release the Office of the President (OP) said Sharma was found to have committed serious infringements of the conditions of the licence by broadcasting on four occasions, including three rebroadcasts, content that advocated the killing of the Head of State and Head of Government.

The OP release said Jagdeo is the sole authority vested with power to decide whether a licensee has breached the terms and conditions of their licence and/or the provisions of the Act or the regulations and whether any sanctions may be imposed, adding that the Act provides that the Minister may suspend or cancel the Licence for such breaches.

Further, it stated that Sharma sought to prevent the hearing of the infringement matter by moving to court and that in his capacity as Minister of Information, Jagdeo heard Sharma on the charges and allowed a full opportunity to the station owner yesterday to show cause why his licence should not be cancelled or suspended. According to the statement, Sharma acknowledged at the hearing that the broadcasts infringed the conditions of the licence and the law.

“Under no circumstances can the Minister allow a Licensee to use the airwaves, without sanction, to advocate the killing of any citizen, moreso a Head of State and Government”, the release added.
But last night Sharma said the move to close him down was, “a sad one that will hurt the people working here”. He said the campaign against him has deepened and has now reached the point where the people around him will suffer as a result, adding that government is taking bread out of the mouths of some 35 persons in his employ, mostly women among whom are many single-parent mothers.

Within minutes of receiving the letter Sharma went on air last night to inform the public and to speak out against the move. He was supported by several political leaders and members of the local media fraternity. Sharma used the opportunity to call on the public to stand by him and to reject the President’s decision resulting in supporting calls when he opened the phone lines.

Sharma said government cannot expect him to find salaries for his staff for four months when he is doing no business. According to him a significant amount of revenue will be lost during that period - in the millions he estimated. Since he feels a court challenge will be too exhausting Sharma said he and his affected staff will take to the streets in protest and will continue until the President realizes his mistake.

“They want me to run, pack up and go away but it ain’t happening today or tomorrow. I will fight this and the people of Guyana will fight this because it has been going on for too long”, the station owner said.
Attorney-at-law Khemraj Ramjattan, who was part of Sharma’s legal team, said last night that the President has no authority to suspend Sharma’s licence. He said the decision was “nonsensical and an … abuse of state power”. He said the President and his administration continue to trample upon one of the pillars of democracy - freedom of expression.

Ramjattan said Sharma’s only perceived threat against the President lies in the power of his station, which he said, is the best in the country and the only one that people call into to state their problems. He said shutting Sharma down is in essence shutting down the views of the public.

According to him the legal team that went to meet the President at his request yesterday at the Office of the President advanced arguments that were satisfactory. He said they raised many key issues but mainly argued that the President had no authority to pass judgment in the case because he was a central figure in it.
“We basically argued that he cannot be judge, jury and executor in a case that involves him. It is a sound fact yet this is what he is now doing”, Ramjattan said.

He said that Sharma has a few options open to him but noted that they are focused on the moment with getting a speedy resolution to the problem. Ramjattan said he has drafted letters to the United Nations and the Organisation of American States that he will soon be dispatched to draw international attention to the issue since according to him the President and his government must be exposed for the undemocratic position it has taken against Sharma.

He maintained that Sharma made his case to the Advisory Committee on Broadcasting (ACB) and that an apology was accepted yet the President felt it necessary to persist with the matter. The lawyer said there is an agenda and that Sharma is being targeted.

Finding food
Sharma told Stabroek News last night that his staff on hearing the news questioned how they will get by for the next four months. One of the staffers told this newspaper that he has bills and that the decision gave him an instant headache.

The station owner said the cost of living in the country is high and that food items are on the increase yet the President has decided that his staff must now find food however they must. He said that in addition to his staff there are many other persons who live on the streets that would drop by at nights or during the day for a few dollars or a meal and they are always assisted.

“Look how many people got it hard and now over 30 more people will get it hard because of this President. He wants people to go and beg but we will go on the street and protest this”, he added.

Sharma said government could have asked him to issue a public apology or even let him off with a warning. He said a suspension for four months is punishment meant to cripple business and hurt his staff. He said that Jagdeo could have simply said that what happened should not have and that he needs to be more careful in the future. He said that since the incident and the letter from the ACB alerting him of the infringement he has been more careful. Additionally, he said that when the caller made the statements about the President on air he immediately chastised her but this has all been ignored he added.

Condemnation

The Guyana Press Association (GPA) in a statement issued last night said it regretted and unequivocally condemned the decision by the President, in his capacity as Minister of Information, to suspend the licence of CNS TV 6 for four months.

Due process has been violated and sacrificed at the altar of political expediency and self-interest, rather than opting for an enlightened and transparent approach, the GPA said, adding that while it shall never ever support the use of the media for incitement of criminal acts and hatred based on race, religion, culture or association; it will also not sit idly by and allow Presidential executive authority and immunity from litigation to be wielded as an iron fist on the media.
The association said it will not debate the utterance by a caller on the Voice of the People programme that led to the suspension of the license but that it firmly believes that President Jagdeo should have recused himself from hearing and determining the matter because he is the aggrieved party, the threat having been made against him.

“To the best of our knowledge, the Advisory Committee on Broadcasting (ACB) never recommended to Mr Jagdeo that CNS TV 6’s license be suspended or cancelled because of the broadcast of the offending remarks. Hence, the President has usurped the authority of the ACB which is regarded as the precursor to a Broadcast Authority whenever the long-delayed broadcast bill is tabled in the National Assembly and approved”, GPA stated.

The GPA called on the President to immediately withdraw the suspension because he has no locus standi in the matter as it was not referred to him by the ACB with an advisory. Additionally the GPA said the suspension of CNS TV6’s licence is an opportune moment for media houses to consider the establishment of a self-regulatory Media Complaints Committee that applies a Code of Conduct for all print and electronic media.

“Left alone, as it is today, Broadcast Legislation can be enacted with the proviso that the final authority rests with the Minister of Information who, in this case, is the President, thus opening the door for arbitrary and abusive actions that cannot be challenged in a Court of Law”, the GPA added.

Stabroek News Editor Anand Persaud last evening condemned President Jagdeo’s decision. Persaud said the President’s decision was indefensible since the mandate for addressing transgressions of the station’s licence lay with the ACB which has accepted Sharma’s explanations and had not recommended any disciplinary action. The suspension for four months, Persaud said, amounted to a horrendous press freedom assault.

Persaud said Stabroek News was acutely aware of the administration’s callous attitude towards press freedom as the newspaper had been a victim of this for 17 months via the arbitrary and insupportable cut-off of state advertising with the newspaper. While SN lost a large amount of revenue since November 2006 it could not be compared to the shutting down of Channel Six for four months. That, he said, was tantamount to putting the station out of business.

Persaud said the superseding of the ACB in this matter made a mockery of President Jagdeo’s own agreement with the late PNC Leader Desmond Hoyte for the review of licence breaches to be reposed in the authority. Persaud further added that responsibility for the chaotic state of the broadcast sector had be laid squarely at the feet of the PPP/C administration as it had made no effort to proceed with comprehensive legislation for a broadcast authority that had been promised for many years.

Persaud said he hoped that President would immediately withdraw the ban as it once again placed Guyana in the category of press freedom offenders and was an ominous sign at a time that the country needed to pull together to combat the crime threat.

On Thursday, the Working People’s Alliance warned that there was a “real and present danger” of another attack on press freedom by the government. Referring to the government’s summoning of Sharma to a meeting at the Office of the President, the WPA said that it believes that any bid to curtail the operations of Channel Six must be seen as “another blatant attempt by the government to trample on the fundamental rights of Guyanese. We call on all Guyanese to close ranks behind Sharma to resist this latest violation. Yesterday it was Buxton, torture and Stabroek News, today it is Sharma’s CNS TV 6. Whose turn will it be tomorrow?”

The WPA noted that the ACB is the body lawfully constituted to oversee the television media and had accepted Sharma’s explanations on the transgressions and had not ordered any disciplinary action. The WPA noted that Sharma had made air time available to the parliamentary political parties. “These developments have not gone unnoticed and unchallenged by the PPP/C and its supporters and in the process Sharma has been the subject of numerous abuses, threats and actual physical assaults”.

In a statement on Thursday, the PNCR expressed alarm at what it said appeared as a concerted effort to shut down Channel Six. The party said it readily understood that given the live nature of Voice of the People there may be instances of the use of intemperate language. “When there are such occurrences, these can be dealt with by sensible programme management precautions to ensure conformity with acceptable broadcasting standards”.

The party added it does not condone the employment of strong-arm tactics which seem motivated by self-serving partisan political considerations. “The party wishes to warn the Jagdeo PPP/C administration that any attempt to close down CNS TV Channel 6 will… retard the building of a democratic culture in Guyana and generate unwelcome tensions in this society, at a time when there is need for calm and peace”.


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3 Responses to “Sharma closed for 4 months”

Get Informed
wrote from on April 12th, 2008 6:45 am It is clear that anyone willing to open the eyes of the people will be trampled on.

Such actions as precipitated by Jagdeo only leads to unrest which in turn will lead to crime being perpetrated. The objective of the government is to kill the “voice of the people”! I guess we now have to be careful about what we express in this excellent SN forum or the government will try to close that down too.

For how much longer will we allow our liberties to be trampled on? Are we awake and witnessing the gradual removal of our freedom of expression? Is this what we voted for? I ask you what are you doing? What are you going to do? Wake up and smell the coffee

justice4all
wrote from on April 12th, 2008 7:34 am This is one more pillar in the dictatorial structure being constructed by the party in power. And the fact that the sole authority with the power to shut down a press establishment is a partisan politician, once again demonstrates the anachronistic nature of our political system. Guyana is a political fiefdom, and woe on us all who refuse to laud and praise the invisible garments of a vain emperor.

The idiotic threat against the President is a criminal act committed by the person making the threat. News organizations all over the world re-broadcast these kinds of things all the time. Get the phone number of the person, seek them out, arrest and prosecute them for breaking the law. That is what happens in real democracies.

This person was not calling for an uprising, which would have rendered re-broadcasting of the comments to be tacit accomodation with the uttered thought. Closing down the Voice most of the people at the grass roots listen to is another step in the nation’s journey into dictatorial rule.

vatvic
wrote from on April 12th, 2008 7:54 am I knew it! I wrote earlier that what the communists give with one hand (returning the ads to SN) they thrice remove with the other hand… Remember, Citizens, ‘when they came for the media I said nothing, for I was not one of them, when they subdued the Trade Unionists I said nothing, for I know nothing of Trade Unionism, When they silence the opposing Politicians, I will say nothing, for I am not a politician, when they Jail lawyers again I will say nothing for I am not a lawyer. I hope one day they do not come for me, for no one will be there to represent
http://www.stabroeknews.com/?p=1170#more-1170

Sharma Haad ears. Hope he understand that there are Rules and regulations. he was warned not to rebroadcast the direct threat to the Honorable president BHARAT JAGDEO!!!!

quote:

Originally posted by Nehru:
Sharma Haad ears. Hope he understand that there are Rules and regulations. he was warned not to rebroadcast the direct threat to the Honorable president BHARAT JAGDEO!!!!

Actually, I have sympathy for that position. Live is one thing, but to rebroadcast, that's sticking in your face. 4 months is long though.

The issues are breach of the terms and conditions of a Licence.

It is an unfortunate situation, but Sharma, despite the good things people say about him, should have known better not to breach the conditions of the Licence.

Sharma gets punished and no one goes after the caller! I do not like this. It smacks of revenge.

We need an independent broadcasting oversight commission. We also do not need state controlled TV and Radio unless they were purely public service like CSPAN. The PPP complained about this when they were out of power and hera they are one and a half decade into their rule and the follow the same Burnmhamite policy

quote:

We also do not need state controlled TV and Radio

What is needed: -- Operators of Radio and TV, whether private or public, to abide with the terms and conditions of their Licences.

quote:

Originally posted by Demerara_Guy:
The issues are breach of the terms and conditions of a Licence.

It is an unfortunate situation, but Sharma, despite the good things people say about him, should have known better not to breach the conditions of the Licence.

What conditions of the Licence were breached, you old senile former diplomat of Guyana? Why dont you post us more of your rich and famous family . You talk fart on GNI daily. You like a lil puppy dog when D2 is around kissing up, watch him set you straight.

YOu are harping about PROTOCOL and lecturing others.

BJ sent a envoy to Senegal to a heads of State Summit who was refused entry into the Meeting that was attended by 39 heads of State because Guyana sent the man on the day of the summit with no annoucement to Dakar, no phone call, no fax, nothing. The man got in because one of the Senegalese Diplomat who personally went to Guyana to invite BJ met this person. It was a shameful fiasco. The Surinamese with a four member delegation were laughing at Guyana's stupidity. The PPP runs the FM like a cake shop.

You come on gni looking for attention by starting numerious treads , looks like you have no life.

This message has been edited. Last edited by: <Jansher>,

Didn't the PPP stop granting TV licenses a decade ago pending the formulation/ratification of a broadcasting legislature?

Can anyone provide an update on this broadcasting legislature? Are TV licenses presently being granted? What about licenses for radio?

The attorney General,Nandall and Texeira are on NCN giving their spin.

Of course Texeira is lying out of her teeth saying that politicans on the channel last night did not speak out against the caller and the statement.Rapheal went out of his way to condemn and speak out against the caller.

The Federal Communications Commission, not the President of the United States, has the constitutional authority to take punitive action against erring media houses licensed to operate in America.

When Janet Jackson had her wardrobe malfunction at a Super Bowl event, CBS got slapped with stiff fines by the FCC. The US President had nothing to do with that. Moreover, the media continue to call the President a liar on the Iraq war and demean him at almost every turn, but the President does not retaliate by barring media houses from press briefings or threatening to take away licenses.

Sharma erred, but should be punished only by the ACB or a High Court. The ACB is the equivalent of the FCC, and that is the constitutional body mandated by law to take punitive actions. The Minister with responsibility for that area represents government's interests and concerns, but cannot arbitrarily override the ACB. In fact, the Minister cannot override the High Court, because in a country where the rule of law is paramount, even the Minister is subjected to the law and the courts that administer the law.

What should have happened after the High Court ruled against Luncheon on the letter to Sharma was for the Office of the President to then take up the matter with the High Court so that it would have been the 'State versus Sharma' in Court. That's how the system works. The Court, after hearing arguments from both sides, would then issue a ruling that both sides either agree to or appeal for further court hearings until a final ruling is made.

Could you imagine the President's spokesman, bypassing the FCC by calling in the President of CNN in a private meeting to discuss infringement charges, and after a US federal Court ruled the executive branch had no such authority, the US President then calls in the CNN honcho and applied punitive action against CNN? That will never happen where the rule of law works.

In Guyana, one man is the ruler and the lawgiver. This is also called a DICTATOR!

Come on Jansher why is that remark needed against DG.

Don't pay no mind to mullah gadahar, he found a new home on nuff's site where he enjoy talking to himself, bk and nuff.

Maybe he realized the folly of his ways and now run back to good old tried and true GNI.

This decision against Sharma is wrong and is clearly a violation of the freedom of media to present the sentiment of the people. The threat was made but I believe the context in which it was made was more out of frustration rather than a direct threat. I don't believe that CNS was advocating or supporting the assisination of Jagdeo, they were merely reporting the sentiment of one individual. As a matter of fact I believe that many people feel the same way towards this government.

The Advisory Council, ACB was satisfid with Sharma's explanation. But Bharat was not. So he decide he does not need the advice of the ACB and did the execution himself, as the Minister of Communicatiom.


So there will be a response to this action.

The Chief Justice had an admin meeting this Friday with all the Judges....so no-one was available to override the PREZ.

Monday there will be a ruling.

quote:

Originally posted by Demerara_Guy:
The issues are breach of the terms and conditions of a Licence.

It is an unfortunate situation, but Sharma, despite the good things people say about him, should have known better not to breach the conditions of the Licence.

Communicator,the ACB does not have that authority and powers as the FCC and therein lies the problem.That power resides with the subject minister.
There is where the law needs to change in Guyana and have an independent authority with those powers.
Moreover, it is agreed that CN Sharma is at fault,however it begs to question why the remedy was not that of his suspension from appearing on CNS and some fine.
It is also interesting to note that the panel on the NCN show tonight again cast the blame to the opposition for failing to support the new broadcast legislation.How come they do not use their majority to pass the so called reforms.

quote:

Originally posted by Ireton:
Moreover, it is agreed that CN Sharma is at fault,however it begs to question why the remedy was not that of his suspension from appearing on CNS and some fine.

Good point!

quote:

Originally posted by BGurd_See:
This decision against Sharma is wrong and is clearly a violation of the freedom of media to present the sentiment of the people. The threat was made but I believe the context in which it was made was more out of frustration rather than a direct threat. I don't believe that CNS was advocating or supporting the assisination of Jagdeo, they were merely reporting the sentiment of one individual. As a matter of fact I believe that many people feel the same way towards this government.

Fair enough!

quote:

Originally posted by amral:
I have to read up on this later.
I always had a soft spot for Sharma, he is the man for the people.

Sharma has courage. And we all admire his tenacity.