Hopeton Dunn, Contributor

The Broadcasting Commission (BCJ) has taken note of the decision by the Hon. Olivia Grange, minister of information, culture, youth and sports on the Newstalk 93 FM case, and will continue to carry out the necessary regulatory and follow-up actions. The commission will also advance through the usual process of industry and public consultations, the existing proposals for changes in the available range of sanctions, and for other legislative reforms.

The issue has brought home the urgent need for improved self-regulation within the media. It also underlines the need for all media practitioners and the relevant broadcasting organisations to be more sensitive to the impact of media output on our society. While the minister, as expected, did not suspend the station's licence, it is significant that the programme host did not appear on the air on April 15, the day after the minister's ruling. The station's management has also accepted responsibility and has been directed to observe certain specified remedial and conduct guidelines, which the commission will monitor in the usual way.

Maintaining basic standards

Regulatory decision making, as arose in this case, is not about persecuting any individual practitioner. It is also not about social-class discrimination and has nothing to do with political intrigue or disquiet about use of the Jamaican language, as alleged. On the contrary, it is about maintaining basic standards in broadcasting, according to the law. There was no intention to shut down this or any other broadcasting station. In fact, regulatory events have unfolded, for the most part, as we would have expected in the circumstances. The commission and I myself look forward to the rebuilding of the professional trust and mutually respectful, if sometimes tense, working relationships that normally exist between the regulator and its licensees in a modern media environment.

The commission, for its part, has committed to pushing even harder for regulatory reforms to create a wider range of sanctions, including financial penalties, recognising at the same time that fines are never themselves a perfect answer for all or every type of breach. The Newstalk 93 breaches are regarded by the commission and most experienced journalists as the worst in the history of broadcasting in Jamaica. And, as a corollary, the BCJ's recommendation of suspension of a licence was also a first in Jamaican broadcasting. We hope never to have to go there again.

Review authority needed

The commission is on record as saying that its enforcement powers should be strengthened. While the matter remains under dialogue, it is my personal view that the Broadcasting and Radio Rediffusion Amendment Act 1986 should be amended to enable licensee appeals, case referrals or commission determinations to be adjudicated on by an independent review tribunal, chaired maybe by a retired jurist. There is no doubt that the present portfolio minister acted appropriately and within her powers. But no minister or political directorate should really be put in a position where they have to make final regulatory or almost judicial rulings on the practical consequences of grossly unprofessional media conduct. In the United Kingdom, South Africa, Canada, the United States and other similar regulatory jurisdictions, such matters are determined and enforced by the regulator, with an external appeals or review authority and with final recourse to the courts, if needed.

One major outcome, at the end of the day, is that a strong signal has been sent to the industry and the public by the commission's unequivocal, if inconvenient, recommendation. It was a last resort and the only relevant option available under existing law. Licence suspension is the red button that many would have been unwilling to touch. But, the acute circumstances warranted definitive action.

As broadcasters, many of us are well aware that practitioners on the job will make genuine mistakes from time to time. The challenge, professionally, is always how to maintain systems and practices that minimise these errors. However, intentional abuse of the airwaves must never be tolerated or be confused with freedom of speech. In this case, it was reassuring to observe the understanding and strong public commentary in the media and among ordinary citizens for the commission, once the facts were known. The experience also revealed that many people are unaware of the laws, regulations and responsibilities governing broadcasting in Jamaica - a matter that the Broadcasting commission itself must help to redress.

It is the licencees that bear primary responsibility to ensure that breaches do not take place or are effectively addressed. Neither the BCJ's nor the minister's legal powers extend to taking disciplinary actions against staff members for breaches. That is always up to the management based on internal control policy or in mitigation of past action. However, in the instant case, the commission feels reassured by certain actions already taken, and looks forward to the fulfilment of others.

Without fear or favour

The intention of the BCJ is to continue to operate fairly, in a transparent and accountable manner and without fear or favour, whether the offending entity is big or small. Over 150 civic and professional organisations and opinion leaders have received the commission's public statements, providing an insight into the basis of our recommendation and the kinds of shocking media breaches that can occur and must be regulated. Many civic organisations and individuals have understood our action in its own right and in the context of what is happening in the wider society. There is no doubt that we will continue to do our duty with sensitivity to the concerns of licensees and in consultation with the wider media industry, even while remaining resolute in the protection of what we and many others regard as the public interest. In this we ask for continued public and industry support.

Balanced analysis

It is my hope that many lessons have been learnt from the media coverage of the matter. At the outset, there were some precipitate, even intemperate, responses by some affected parties, editorial writers, opinion leaders and media gatekeepers. However, we appreciate that more carefully considered commentaries, reports and responses emerged once the facts became more widely available, and we thank all who have offered balanced analysis in this important debate.

In regulating CARICOM's largest, most prolific and maybe most challenging media environment, the Broadcasting Commis-sion of Jamaica will continue to expect fairness and responsibility by all concerned, even as we too celebrate and promote the media's diversity, creativity and freedom of expression.

Hopeton S. Dunn is chairman, Broadcasting Commission.