Unfair distribution of radio licences nurtures a bitter society – Sir Fenton Ramsahoye S.C
By Kiana Wilburg
Distinguished Guyanese Scholar, Dr. Fenton Ramsahoye, S.C
Fenton Ramsahoye, QC, strongly advocates for the monopoly over Guyana’s telecommunications sector, particularly the radio frequencies by a select few, to come to an abrupt end.
Dr. Ramsahoye commented on the current mismanagement of the spectrum and warned that should a restructuring of the current arrangements fail to occur sooner rather than later, it could have detrimental effects for freedom of expression in the Guyanese society.
The former attorney general stated that partisan use of the spectrum is unconstitutional and is a misuse of the national asset. He stressed too, that it denies equality of treatment to which every member of the population is entitled.
The lawyer said, too, that the spectrum and how it is managed, currently, needs to be restructured and that it should not be used as a weapon. Failure to do this, he said, would only lead to a fractured nation and increase division.
Former President Bharrat Jagdeo days before demitting office, gifted several radio and cable frequencies to cronies, relatives and family.
A number of frequencies went to PPP’s newspaper, The Mirror; to Jagdeo’s best friend, Dr. Ranjisinghi “Bobby” Ramroop, and another five to an overseas-based sister of Natural Resources Minister, Robert Persaud. Persaud is also Jagdeo’s nephew-in-law.
The applications for radio frequencies by independent newspapers, Kaieteur News and Stabroek News, and televisions stations like CNS 6, WRHM 7, Capitol News, HBTV 9 and RBS 13 were ignored by Jagdeo.
President Donald Ramotar had given his word to the nation that he would review those licences but since he assumed office, it remains an unfulfilled commitment, even in the face of strong protests by the independent media.
In giving his views on the matter, Ramsahoye, said that the Jacob Rambarran case which is with the Guyana Court of Appeal raised the question of the ownership of the spectrum and if its use should be regulated by an autonomous body.
The Queen’s Counsel said that that particular subject raised in the case was also one that was brought up in another, in India. That matter in India which spoke to the use of the spectrum started because of a debate over how the Cricket matches should be aired over radio.
In the India Supreme Court, Ramsahoye said that two things were mentioned that are relevant and important to the Guyanese situation. The first he cited was that the spectrum is owned by all the people of the country and secondly, that its use should be regulated by a self-governing body where all of the people are represented.
Ramsahoye said that he strongly believes that Guyana ought to accept those principles for they are firmly rooted in the soil of democracy.
He said that such a process would ensure the dissemination of information in a free and fair manner.
Ramsahoye stressed that while there is a monopoly over the airwaves by those in power and people believed to be supporting them; freedom of speech is being hindered.
He emphasized that in allowing freedom of speech, one of the fundamental characteristics of any democratic state, ensures that the country is ruled by a representative and responsible government.
He said that such a process would lead to a society being better able to make informed judgments and decisions.
Significantly too, the Queen’s Counsel said that it is only democratic for people to have access to all information and not partisan views. “Partisanship”, he said, “only nurtures and ensures a bitter society.”
He said that one can only expect such as an inevitable consequence with the way the spectrum is being managed in Guyana.
The celebrated scholar added, too, that freedom of expression implies that the means of imparting and receiving information may be constitutionally used. But the use of those means must be regulated in the interest of order.
Dr. Ramsahoye articulated that this means of regulation of the use of the spectrum which is a national asset must lead to honourable and fair dealing in which all of the people have the right to impart and receive information about matters which concern the public.
Members of the political opposition have made solemn promises to revoke, review and regularize the licenses granted as well as the policies governing it.
Specifically, Prime Ministerial candidate for the coalition A Partnership for National Unity (APNU)/Alliance For Change (AFC) front, Moses Nagamootoo, recently said that the partnership is concerned with the deliberate hijacking of the airwaves and of several news outlets.
“We will also move to ensure that the Broadcasting Authority is reformed and sanitized to purge it of party and political contamination. And therefore, that body will be tasked to review the frequency allocation and to consider applications on their merit."
