MAY 05th, 2007

Opposition to new Broadcasting Law
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One of Grenada's better known media personalities have come out strongly against a proposed Broadcasting Authority act being promoted by Keith Mitchell's ruling New National Party (NNP) administration in St. George's.

Stanley Charles, the BBC-trained journalist has written the head of the Conference of Churches of Grenada (CCG), Reverend Osbert James to express concerns about the planned legislation. There are concerns in some sections of the media that the bill to be taken to parliament for approval puts too much sweeping powers in the Minister of Information.

Among the concerns raised is the question of searches that can be carried out in the offices of media entities, as well as the fine of up to $200, 000.00 on persons who run afoul of the new media law.

Following is the full text of the letter sent by Charles to Rev. James:


Rev Osbert James
Chairman,
Conference of Churches
GRENADA.

Dear Sir,

I am not particularly religious nor can I, in an instant, reference Christian teaching to underwrite my argument. However, in my life experience, I have come to display great respect for those who offer to others, despite of their faith, or lack of it,'sanctuary' within their churches.

 The story of John Wesley and Martin Luther, to my mind, offers a watershed in Christian understanding and I urge you to revisit the work of those two European Christians and inquire or be informed by their intellect, coupled with basic Christian teachings.

 I hope your Christian conscious and duty will have you publicly speak to the changes posed to ŒFreedom of Expression', freedom of speech and a free society in general, if the government is allowed to pan into law its proposed bill to establish a Broadcasting Authority.

 You should note that from among early age I have worked within the media and have a distinct bias towards freedom of speech. You find these cases useful as references.

Cases went before the Privy Council

(1). Attorney General vs. Antiguan Times Limited (Antigua)

(2). Hector vs. Attorney­General (Antigua)

(3). De Freotas vs. Permanent Secretary (Antigua)

(4). Benjamin vs. Minister of Information and Broadcasting Anguilla (Anguilla)

( 5). Observer Publications Limited vs Matthew (Antigua)

The following is taken from an unpublished manuscript by Dr. Francis Alexis. It is the Eastern Caribbean Supreme Court.

EXPRESSION, COMMUNICATION, THE MEDIA

"If man is a social being, as indeed he is, then, there is no denying his need for freedom of expression to enable people in community to communicate with one another. This vital is the freedom of expression guaranteed by the constitutions.

The contract between the State and the individual in this regard is enshrined in each constitution. A section therein ordains that except with his own freedom of expression. This freedom of expression includes freedom to communicate ideas and information without interference whether to the public generally or to, any person or class of persons, freedom to receive ideas and information.

It also includes freedom to hold opinions without interference, recognising that since one is entitled to express ideas one must have a right to form and hold ideas or opinions in his conscience, so freedom of expression to some extent protects freedom of conscience ever through this letter is separately guaranteed".

 Under the caption, Criticism in a democracy, Dr Alexis continues:

"what prevailed with the Privy Council was the thought that in a free democratic society those in government must always be open to criticism; so that any attempt to stifle or fetter such criticism amounts to political censorship of the most insidious and objectionable kind. For the very purpose of criticism of those who have the conduct of public affairs by their political opponents is to undermine public confidence in them and to commend the opponents"

The government of the day in democracy must not suppress legitimate criticisms under the guise of protecting the public interest, making their-own self-preservation designs coterminous with the public interest, as in some later day rendition of the claim.

 Dr. Francis Alexis is from the legal firm Grenlaw. Dr. Alexis is a former Attorney general in Grenada. He lectured in Law for several years.

An author of several books, Dr. Alexis has distinguished himself in the area of constitutional reasoning. His colleagues at home, the region and beyond are informed by his expertise in constitutional law.

Thank you for your usual contribution.


Stanley Charles
P O Box 964
Grenville.
St. Andrew

CC Grenada Bar Association (GBA)
      Grenada Union of Teachers (GUT)
      Grenada Human Rights Organisation Inc (GHRO Inc)
      Grenada Chamber of Industry and Commerce (GCIC)
      Calypo Associations ­ Grenada
      Media Workers Association of Grenada (MWAG)
      Grenada United Labour Party (GULP)
      People's Labour Movement (PLM)
      National Democratic Congress (NDC)

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