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The
Broadcasting & Radio Re-Diffusion Act
(27th October, 1949)
PART I Introduction
1. Short title.
2. Interpretation.
PART II Commercial
Non-Commercial Broadcasting
3. Restriction on commercial
broadcasting.
4. [Repeal by Act 43 of 1995].
5. [Repeal by Act 43 of 1995].
6. Licence may be exclusive or non-exclusive.
6A. Non-commercial broadcasting services.
7. Unlawful interference with cable wire.
PART III Radio ReDiffusion.
8. Control of radio re-diffusion.
9. [Repeal by Act 43 of 1995].
10. [Repeal by Act 43 of 1995].
11. Unlawful interference with re-diffusion system.
PART IIIA Subscriber Television
Service
11A. No person to operate
subscriber television service without licence.
11B. Person eligible for licence to operate subscriber television
service.
11C. Offences.
PART IIIB Licences
11D. Application for licences.
11E. Procedure relating to application for licence.
11F. Grant or refusal etc. of licence.
11G. Terms of licences.
PART IIIC Appeals
11H. Appeals.
PART IV The Broadcasting
Commission
12. Establishment of the
Broadcasting Commission.
13. Appointment of staff.
14. Expenses of the Commission.
15. Accounts and audit.
16. Functions of the Commission.
17. Power to require information from licensees.
18. Advisory Committees.
19. Annual reports.
20. Contravention of licence.
21. Impartiality in political broadcasts.
22. Penalty for failure to comply with directions.
23. Regulations.
First Schedule - (Section 12 (3))
Second Schedule - (Section 11H)
PART I Introduction
1. Short title.
1. This Act may be cited as the Broadcasting and Radio ReDiffusion
Act.
2. Interpretation.
2. (1) In this Act -
"broadcasting" means
either sound broadcasting or television broadcasting or both;
"commercial matter" means
matter of any description which is broadcast with the intention of
influencing listeners or viewers thereto to engage or abstain from
engaging in commercial relations with any person;
"commercial broadcasting
licence" includes an exclusive commercial broadcasting licence
and a non-exclusive commercial broadcasting licence granted under
section 11F;
"Commission" means the
Broadcasting Commission established under section 12;
“non-commercial broadcasting
service” means a broadcasting service which-
(a) broadcasts matter of any
description that is not intended to influence listeners or viewers
thereto to engage in or abstain from engaging in commercial
relations with any other person;
(b) does not broadcast for profit;
and
(c) is not engaged in commerce;
"rediffusion system"
means a system for the dissemination by electrical or magnetic
agency over a wired network connecting a transmitting instrument
with a number of receiving instruments of sound.
"sound broadcasting"
means the dissemination by wireless telephony of sounds of any
description with a view to the entertainment or instruction of all
persons who may with the aid of any equipment listen thereto, but
does not include sounds which form part of a television broadcast;
“special broadcasting licence”
means a non-exclusive special broadcasting licence granted under
section 11F to provide non-commercial broadcasting services which
are relayed worldwide and are consistent with the national interest;
"subscriber television
service" means the one-way transmission of video programming or
other programming service to subscribers for a fee, and subscriber
interaction (if any) which is required for the selection of such
programming or other programming service;
"television broadcasting"
means the wireless transmission of visual images or pictures,
together with any sounds broadcast for reception along with those
images or pictures;
"video programming" means
the transmission of visual images by means of radio magnetic signals
or optical agency.
(2) For the purposes of this Act a
person shall be deemed to engage in commercial broadcasting if
having the control of any broadcasting apparatus -
(a) he accepts or agrees to accept
valuable consideration of any description in respect of the use of
such apparatus for the making of any broadcast; or
(b) he uses or permits to be used
such apparatus for broadcasting commercial matter.
(3) For the purposes of this Act a
person shall be deemed to have the control of any broadcasting
apparatus if he is entitled otherwise than in the capacity of
servant or agent of some other person resident in Jamaica to
determine whether or not such apparatus shall be used for any lawful
purpose.
PART II Commercial
Non-Commercial Broadcasting
3. Restriction on commercial
broadcasting. 3. (1) No person shall establish or maintain any
broadcasting apparatus with a view to engaging or shall engage in
commercial broadcasting except under and in accordance with the
terms of a commercial broadcasting licence granted under this Act.
(2) Every person who contravenes
the provisions of subsection (1) shall be guilty of an offence
against this section and on summary conviction before a Resident
Magistrate shall be liable to a penalty not exceeding ten thousand
dollars in respect of each day on which such offence is committed or
in default thereof to be imprisoned for any term not exceeding six
months.
4. [Repealed by Act 43 of 1995] 4.
[Repealed by Act 43 of 1995]
5. [Repealed by Act 43 of 1995] 5.
[Repealed by Act 43 of 1995]
6. Licence may be exclusive or
non-exclusive. 6. (1) Any commercial broadcasting licence may,
subject to the provisions of this section, be either a non-exclusive
or an exclusive commercial -
(a) sound broadcasting licence; or
(b) television broadcasting licence;
or
(c) sound and television
broadcasting licence.
(2) Every commercial broadcasting
licence shall authorize the holder thereof during such period as
such licence remains in force to erect, establish, maintain and
operate such broadcasting apparatus of every description as may be
necessary to enable the holder thereof fully and effectually to
engage in commercial broadcasting in accordance with the terms of
his licence.
(3) Every non-exclusive commercial
broadcasting licence shall authorize the holder thereof during such
period as the licence remains in force to engage in commercial
broadcasting concurrently with the holder of any other commercial
broadcasting licence under this Act.
(4) Every exclusive commercial
sound broadcasting licence shall authorize the holder thereof during
such period as such licence remains in force to engage in commercial
broadcasting to the exclusion of all other persons except as
otherwise provided in subsection (5) and subsection (6).
(5) No non-exclusive commercial
sound broadcasting licence shall be granted at any time when there
is in force any exclusive commercial sound broadcasting licence
unless either-
(a) the holder of such exclusive
sound broadcasting licence notifies the Minister in writing of his
consent to the grant of such non-exclusive sound broadcasting
licence; or
(b) such non-exclusive sound
broadcasting licence contains a term that the holder thereof shall
not engage in commercial sound broadcasting until such time as such
exclusive commercial sound broadcasting licence has ceased to be in
force or the holder thereof has notified the Minister in writing of
his consent to the holder of such non-exclusive commercial sound
broadcasting licence engaging in commercial sound broadcasting.
(6) No exclusive commercial sound
broadcasting licence shall be granted at any time when there is in
force any non-exclusive commercial sound broadcasting licence unless
such exclusive licence contains a term that it shall take effect as
a non-exclusive commercial sound broadcasting licence until such
time as all non-exclusive commercial sound broadcasting licences in
force at the date of the grant of such exclusive sound broadcasting
licence shall have ceased to be in force or shall have become vested
in the holder of such exclusive sound broadcasting licence.
(7) The provisions of subsections
(4), (5) and (6) shall have effect as respects exclusive commercial
television broadcasting licences and non-exclusive commercial
television broadcasting licences in like manner as they have effect
as respects exclusive commercial sound broadcasting licences and
non-exclusive commercial sound broadcasting licences.
(8) Subject to the provisions of
this section, an exclusive commercial sound broadcasting licence may
be granted notwithstanding that there is in force an exclusive
commercial television broadcasting licence; and an exclusive
commercial television broadcasting licence may be granted
notwithstanding that there is in force an exclusive a commercial
sound broadcasting licence.
6A. Non-commercial broadcasting
services. 6A. (1) Subject to subsection (2), no person shall
establish or maintain any broadcasting apparatus to engage in
non-commercial broadcasting services except under and in accordance
with the terms of a special broadcasting licence granted under this
Act and such licence shall be non-exclusive.
(2) A person referred to in
subsection (3) shall be eligible to be granted a special
broadcasting licence.
(3) A person mentioned in
subsection (2) is a person who promotes the values and interests of
a foreign country in the provision of non-commercial broadcasting
services which originate outside of Jamaica, are relayed worldwide
and are consistent with the national interest of Jamaica.
7. Unlawful interference with cable
wire. 7. Every person who unlawfully and maliciously or fraudulently
cuts, injures, taps or interferes with any cable or wire connected
with or used in connection with any broadcasting apparatus or other
apparatus or equipment utilized for commercial broadcasting by the
holder of a commercial broadcasting licence or for non-commercial
broadcasting by the holder of a special broadcasting licence in
accordance with the terms of such licence shall be guilty of an
offence against this Act, and shall be liable on summary conviction
thereof before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or to imprisonment with or without hard
labour for a term not exceeding two years.
PART III Radio ReDiffusion.
8. Control of radio re-diffusion.
8. (1) No person shall establish, maintain or operate in Jamaica any
radio rediffusion system except under and in accordance with the
terms of a licence granted under this Act.
(2) Every person who contravenes
the provisions of subsection (1) shall be guilty of an offence
against this section and shall be liable on summary conviction
before a Resident Magistrate to a fine not exceeding one thousand
dollars or to imprisonment for any term not exceeding six months in
respect of each day on which such offence is committed.
9. [Repealed by Act 43 of 1995] 9.
[Repealed by Act 43 of 1995]
10. [Repealed by Act 43 of 1995]
10. [Repealed by Act 43 of 1995]
11. Unlawful interference with
re-diffusion system. 11. Every person who unlawfully and maliciously
or fraudulently cuts, injures, taps or connects any wired extension
or apparatus or hearing device to or otherwise interferes with any
feeder wiring or high level link wiring or any wiring to or on or in
any premises or any other wiring or cable or any insulator or
support for wiring or any pole or apparatus or loudspeaker or
transformer or other part of any radio rediffusion system operated
by the holder of a licence under this Part in accordance with the
terms of such licence shall be guilty of an offence against this
Act, and shall be liable on summary conviction thereof before a
Resident Magistrate to a fine not exceeding five hundred thousand
dollars or to imprisonment with or without hard labour for a term
not exceeding two years.
PART IIIA Subscriber Television
Service
11A. No person to operate
subscriber television service without licence. 11A. (1) No person
shall establish, maintain or operate any subscriber television
service except under and in accordance with the terms of a licence
granted under this Act.
(2) Every person who contravene the
provisions of subsection (1) shall be guilty of an offence against
this section and shall be liable on summary conviction before a
Resident Magistrate to a fine not exceeding five hundred thousand
dollars or to imprisonment for a term not exceeding three years or
to both such fine and imprisonment.
(3) Where a person has been
convicted of an offence under subsection (2), the Court may, in
addition to any other penalty, order that any equipment used in
committing the offence be forfeited to the Crown.
11B. Person eligible for licence to
operate subscriber television service. 11B. (1) A company referred
to in sub-section (2) shall be eligible to be licensed to offer
subscriber television service to the public.
(2) A company mentioned in
sub-section (1) is a company which -
(a) is incorporated in Jamaica; and
(b) is controlled by persons who
are citizens of Jamaica or a member of the Caribbean Community.
(3) Any company which -
(a) provides telecommunication
service and has a monopoly in any area of that service; or (b) is an
approved organization as defined in section 2 of the Office of
Utility Regulation Act,
shall not be eligible to apply for
or be granted any licence to operate subscriber television service.
(4) For the purposes of subsection
(2) (b) "control" in relation to a company means the power
of a person to secure by means of the holding of shares or the
possession of voting power in or in relation to that company, or by
any agreement or by virtue of any other powers conferred by the
articles of association or other document regulating the company,
that the affairs of the company are conducted in accordance with the
wishes of that person.
11C. Offences 11C. (1) A person who
knowingly subscribes to subscriber television service supplied by a
person who is not licensed to operate such service commits an
offence and is liable on summary conviction before a Resident
Magistrate to a fine not exceeding ten thousand dollars or to
imprisonment for a term not exceeding three months or to both such
fine and imprisonment.
(2) Every person who unlawful and
maliciously or fraudulently -
(a) cuts, injures, taps or
interferes with any cable or wire connected with any equipment or
apparatus; or
(b) interferes with any wireless
sign,
utilized for providing subscriber
television service commits an offence and is liable on summary
conviction before a Resident Magistrate to a fine not exceeding five
hundred thousand dollars or to imprisonment for term not exceeding
two years or to both such fine and imprisonment.
PART IIIB Licences
11D. Application for licences. 11D.
(1) Every person who is desirous of -
(a) engaging in commercial
broadcasting; or
(b) establishing, maintaining or
operating a radio re-diffusion system shall make an application to
the Minister in the prescribed form for a licence.
(2) A company referred to in
section 11B (1) which is desirous of offering sub-scriber television
service shall make an application to the Minister in the prescribed
form for a licence.
(2A) A person who is desirous of
providing non-commercial services shall make an application to the
Minister in the prescribed form for a special broadcasting licence.
(3) An application under this
section shall be accompanied by the prescribed application fee.
11E. Procedure relating to
application for licence. 11E. (1) The Commission shall process
applications for licences under this Act and shall make such
recommendation to the Minister in relation thereto as it thinks fit.
(2) For the purposes of making a
recommendation under subsection (1) the Commission -
(a) shall determine whether or not
the applicant satisfies the prescribed requirements for commercial
or non-commercial broadcasting, radio re-diffusion or the operation
of a subscriber television service, as the case may be; and
(b) may, if it thinks necessary,
hear oral submissions from the applicant.
11F. Grant or refusal etc. of
licence. 11F. (1) The Minister, on receipt of a recommendation under
subsection (1), may -
(a) grant a licence on such terms
and subject to such conditions as he thinks fit;
(b) refer the recommendation back
to the Commission for further consideration; or
(c) refuse to grant the licence.
(2) Where the Minister grants a
licence under subsection (1), the applicant shall be notified in
writing forthwith and the licence shall be issued to the applicant
upon payment by him to the Commission of the prescribed licence fee.
(3) Where the Minister decides to
refuse to grant a licence under subsection (1) he shall, within
thirty days of that decision, notify the applicant in writing of the
reasons for such refusal.
(4) An applicant may, in writing
within fourteen days after receipt of such notification request the
Minister to hear him in respect of the application and the Minister
shall hear any applicant who so requests.
(5) After hearing an applicant the
Minister may make such decision as he thinks fit.
(6) A licensee may, within a period
of six months before the expiry of his licence, make an application
in the prescribed form to the Minister for a renewal of the licence
and the application shall be accompanied b the prescribed fee.
(7) The provisions of section 11E
and subsections (1) to (5) of this section shall apply to an
application for the renewal of a licence.
11G. Terms of licences. 11G. (1)
The provisions of section 6 shall apply to every commercial
broadcasting licence granted under this Act and every such licence
shall -
(a) authorize the holder thereof to
establish, maintain and operate a transmitting station and to engage
in commercial broadcasting;
(b) specify the type of
broadcasting to which it relates; and subject to section 22, be
valid for such period as may be specified in the licence.
(2) Every licence to establish,
maintain or operate a radio re-diffusion system shall, subject to
section 22, be valid for such period as may be specified therein and
-
(a) shall specify the area in which
such system may be established;
(b) may be either a non-exclusive
radio re-diffusion licence or an exclusive radio re-diffusion
licence, as the case may be.
(3) Every licence granted in
respect of subscriber television service shall, subject to section
22, be valid for a period of six years.
(4) Subject to subsection (5), it
shall be a term of every licence granted under this Act that the
licensee shall comply with such terms and conditions as may be
specified therein.
“(4A) Every special broadcasting
licence shall, subject to section 22-
(a) be valid for a period of six
years;
(b) be non-transferrable; and
(c) be subject to cancellation at
the direction of the Minister in the national interest.
(4B) It shall be a term of every
special broadcasting licence that the licensee shall
(a) pay the prescribed licence fee
to the Commission forthwith upon the grant of the licence
thereafter, while the licence continues in force, annually on or
before each anniversary of such grant;
(b) forthwith upon any change in
its membership, notify the Commission in writing of that change;
(c) comply with the relevant
provisions of the Radio and Telegraph Control Act and the
Telecommunications Act.
(5) It shall be a term of every
licence granted for subscriber television service that the licensee
shall -
(a) pay the prescribed licence fee
to the Commission forthwith upon the grant of the licence and
thereafter, while the licence continues in force, annually on or
before each anniversary of such grant;
(b) forthwith upon any change in
the nationality of or control by its members, notify the Minister in
writing of that change.
(6) If a person who is granted a
licence to provide subscriber television service does not provide
that service within a period of six months from the grant of the
licence or such longer period as the Minister may allow, the licence
shall lapse and thereupon shall be rendered void.
(7) Where a licence is rendered
void under subsection (6) the Commission shall so notify the
licensee in writing and shall require the licensee to return the
licence to the Commission within fourteen days after receipt of the
notification.
(8) A licensee who fails to comply
with a requirement under subsection (7) shall be guilty of an
offence and shall be liable on summary conviction before a Resident
Magistrate to a fine of ten thousand dollars for each day on which
the licence is not returned to the Commission.
PART IIIC Appeals
11H. Appeals 11H (1) Subject to
subsection (1A), a person aggrieved by the decision of the Minister
to refuse to grant or renew a licence under this Act may appeal to
the Appeal Tribunal appointed by the Minister pursuant to subsection
(3). (1A) No appeal shall lie to the Appeal Tribunal against the
decision of the Minister to refuse to grant or renew a special
broadcasting licence on the ground that such refusal is necessary in
the national interest.
(2) An appeal shall lie from the
Appeal Tribunal to the Court of Appeal on a point of law.
(3) The provisions of the Second
Schedule shall have effect as to the constitution of the Appeal
Tribunal and otherwise in relation thereto.
(4) The Minister may make rules
prescribing procedures relating to appeals to the Appeal Tribunal.
PART IV The Broadcasting
Commission
12. Establishment of the
Broadcasting Commission. 12. (1) There shall be established for the
purposes of this Act a body to be called the Broadcasting
Commission.
(2) The Commission shall be a body
corporate to which the provisions of section 28 of the
Interpretation Act shall apply.
(3) The provisions of the First
Schedule shall have effect with regard to the constitution of the
Commission and otherwise in relation thereto.
13. Appointment of staff. 13. (1)
The Commission may appoint and employ at such remuneration and on
such terms and conditions as it thinks fit a secretary, and such
officers, agents and servants as it may consider necessary for the
proper carrying out of its functions under this Act.
(2) The GovernorGeneral may,
subject to such conditions as he may impose, approve of the
appointment of any officer in the service of the Government to any
office with the Commission, and any officer so appointed shall,
during such appointment, in relation to pension, gratuity or other
allowance, and to other rights as a public officer, be treated as
continuing in the service of the Government.
14. Expenses of the Commission. 14.
The expenses of the Commission (including remuneration of members
and staff thereof) shall be defrayed out of sums provided from time
to time for the purpose by Parliament and from fees paid pursuant to
this Act.
15. Accounts and audit. 15. The
Commission shall keep proper accounts of its transactions and such
accounts shall be audited annually by an auditor to he approved by
the Minister.
16. Functions of the Commission.
16. It shall be the duty of the Commission, with a view to the
carrying out or the provisions and objects in this Act -
(a) to advise the Minister on any
matter within its knowledge or on which the Minister may seek its
advice, and, without prejudice to the generality of the foregoing,
to advise in relation to -
(i) the terms and conditions on
which licences may be granted; and
(ii) the allocation of time to
broadcasting of programmes which are of Jamaican origin or performed
by Jamaicans or which are particularly relevant or significant to
Jamaica;
(b) to conduct, or cause to be
conducted, surveys for the purpose of ascertaining the extent to
which matter transmitted or relayed from any station operated by a
licensee is being received, or is capable of being received, in any
geographical area within Jamaica;
(c) to undertake, sponsor, or
assist in research relating to any class or classes of operations
which may be subject to control or regulation under this Act;
(d) to establish a system for
monitoring transmissions by licensees -
(i) whether by the Commission with
the aid of mechanical or electronic means, or by securing the
services of persons for that purpose; or
(ii) by requiring licensees to keep
tape recordings of their broadcasts and submit them to the
Commission;
(e) to monitor the operations of
licensees;
(f) to receive and investigate
complaints in relation to any matter under this Act.
17. Power to require information
from licensees. 17. The Commission may from time to time by notice
in writing require from any licensee such information relating to
the programmes and operations of that licensee as may be prescribed.
18. Advisory Committees. 18. The
Commission may from time to time appoint such committees as it may
consider appropriate to advise it on such matters relating to its
functions as it may determine, and such committees may consist of as
many persons, whether or not members of the Commission, as the
Commission may determine.
19. Annual reports. 19. (1) The
Commission shall, as soon as practicable after the end of each
financial year, submit to the Minister an annual report of its
affairs and such report shall include -
(a) a report of the broadcasting
performance of the licensee during the year in such detail as the
Commission may decide or the Minister may require;
(b) a summary of the decisions of
the Commission in regard to any matter or thing respecting which the
Commission has acted during the year; and
(c) a report on such other matters
as appear to the Commission to be of public interest in connection
with broadcasting in the Island.
(2) As soon as may be after the
receipt of such report, the Minister shall cause a copy to be laid
upon the Table of the House of Representatives and of the Senate.
20. Contravention of licence. 20.
(1) Where there is a contravention of any licence the Commission
shall give to the licensee notice in writing -
(a) specifying particulars of such
contravention; and
(b) requiring that licensee to
justify its actions to the Commission or otherwise to take such
remedial action as may be specified in the notice.
(2) Where the Commission gives any
notice under subsection (1), the Commission shall send a copy of
such notice to the Minister for his information.
(2A) Where the Commission gives
notice under subsection (1) to the holder of a special broadcasting
licence, the Commission shall send a copy of that notice to any
person who provides broadcasting apparatus in order to facilitate
the relay within Jamaica of non-commercial broadcasting by the
licensee.
(3) Where a licensee fails to
justify its actions to the satisfaction of the Commission or fails
or refuses to take any remedial action specified in the notice
issued under subsection (1) the Commission -
(a) shall notify the Minister in
writing of the fact of such failure or refusal;
(b) may direct such licensee, where
the Commission considers it appropriate, to broadcast or transmit an
apology at such time and at such intervals as the Commission may
determine.
21. Impartiality in political
broadcasts. 21. (1) Where, under any broadcasting licence issued
under this Act, time is allocated to the Government for broadcasts
for reasons of emergency or in the national interest, such time
shall not be used for broadcasting any matter which is likely, or
intended -
(a) to solicit support for any
political party or to promote the election of any individual or of
any political party to any public or municipal office or to the
House of Representatives; or
(b) to attack the policies, plans
or programmes of any political party or parties.
(2) Where on any broadcasting
station time is allocated to the Government or any political party
for a broadcast which is used as mentioned in subsection (1) (a) or
(1) (b), on terms whereby the time so allocated is free of charge or
at a rate which is less than the normal commercial rate, equal time
shall be allocated on that broadcasting station on similar terms to
any political party which the Commission is satisfied is likely to
be prejudicially affected by that broadcast.
(3) For the purpose of ensuring
compliance with subsection (1) or subsection (2) the Commission
shall investigate any allegation of non-compliance made not later
than twentyone days after the date of the relevant broadcast and,
if satisfied of the truth of the allegation, shall -
(a) if the allegation relates to
subsection (1), direct -
(i) that equal time be afforded to
such other political party or parties as may be approved by the
Commission to reply to matters arising out of such broadcast; and
(ii) that any such reply is
broadcast at such time, on such terms with regard to payment or
otherwise and in such circumstances as are in the opinion of the
Commission necessary to ensure that the reply is given exposure
equivalent to that given to the broadcast which was the subject of
the allegation;
(b) if the allegation relates to
subsection (2), give such directions as it thinks appropriate to
ensure compliance with that subsection.
(4) Where it is alleged that any
broadcast contains information which is inaccurate the Commission
shall, upon being required to do so by any person not later than
twentyone days after the broadcast, investigate the allegation
and, if satisfied as to the truth of the allegation -
(a) direct the licensee to
broadcast -
(i) an apology; or
(ii) if the Commission thinks fit,
a correction of the inaccuracy,
in such form as the Commission may
determine; or
(b) subject to subsection (5),
direct the licensee to to afford to any person prejudiced by the
broadcast the opportunity of broadcasting a reply for the purpose of
rebutting any information alleged to be inaccurate; or
(c) direct the licensee to do both
(a) and (b) above.
(5) A direction pursuant to
subsection (4) (b) shall be on such terms as the Commission may
determine, so, however, that, without prejudice to the generality of
the foregoing -
(a) if, in the opinion of the
Commission, the licensee did not exercise due care in ensuring the
accuracy of the information where it was possible to do so, the
broadcast in rebuttal shall be free of charge; and
(b) in any other case, the
broadcast in rebuttal shall be on such terms as to payment to the
licensee as the Commission may determine.
(6) For the purposes of this
section "political party" means a political party which,
at the time when the matter arises has five or more members in the
House of Representatives or which had, immediately prior to the then
last preceding dissolution of that House, five or more such members.
22. Penalty for failure to comply
with directions. 22. (1) Where a licensee fails to comply with any
directions given by the Commission under section 20 or 21, the
Commission may -
(a) on the first occasion of such
failure, recommend to the Minister that the licence be suspended for
a period not exceeding three months; or
(b) if the failure occurs on any
second or subsequent occasion, recommend to the Minister that the
licence be suspended for such period as the Commission considers
appropriate or cancelled.
(2) Before suspending or cancelling
licence the Minister shall direct the Commission to notify the
licensee accordingly and shall afford the licensee an opportunity to
show cause why the licence should not be suspended or
cancelled."
23. Regulations. 23. (1) The
Commission may, after consultation with the Minister, make
regulations generally for the better carrying out of the objects and
purposes of this Act.
(2) Notwithstanding the provisions
of section 29 of the Interpretation Act, regulations made under this
section may prescribe greater penalties than those specified in the
said section 29, so, however, that the maximum penalty that may be
imposed shall be a fine of ten thousand dollars or imprisonment with
or without hard labour for a term not exceeding twelve months
(3) Where an offence against the
regulations is committed by a body corporate then, notwithstanding
and without prejudice to the liability of that body, any person who
at the time of such commission was a director, general manager,
secretary or other similar officer of that body, or was purporting
to act in any such capacity, shall, be liable to be prosecuted as if
he had personally committed that offence and shall be liable to the
like conviction and punishment as if he had personally been guilty
of that offence unless the Court finds on a balance of probability
that -
(a) the contravention was committed
without his consent or connivance; and
(b) he exercised all such diligence
to prevent the commission of the offence as he ought to have
exercised having regard to the nature of his functions in that
capacity and to all the circumstances.
(4) In this section and in section
21,"broadcasting" includes broadcasting over a radio
re-diffusion system.
FIRST SCHEDULE (Section 12 (3))
Constitution of Commission
1. (1) The Commission shall consist
of not less than five nor more than nine members appointed by the
Governor-General by instrument in writing after consultation with
the Prime Minister and the Leader of the Opposition.
(2) The Governor-General after
consultation with the Prime Minister and the Leader of the
Opposition, shall appoint one of the members of the Commission to be
Chairman of the Commission.
(3) No person shall be qualified to
be a member of the Commission if he -
(a) is a Member of Parliament or a
member of any local authority;
(b) has been a Member of Parliament
or of any local authority (or has been a candidate for election as a
Member of Parliament or of any local authority) during a period of
seven years immediately prior to the date of his proposed
appointment to the Commission.
2. (1) The appointment of a member
of the Commission shall, subject to the provisions of this Schedule,
be for a period of five years.
(2) The members of the Commission
shall be eligible for reappointment.
(3) A member of the Commission may
be removed from office only for inability to discharge the functions
of his office (whether arising from infirmity of body or mind or any
other cause or for misbehaviour and shall not be so removed except
in accordance with sub-paragraph (4).
(4) A member of the Commission
shall be removed from office
(a) by the Governor-General;
(b) on the ground specified at
subparagraph (3).
if the revocation of his
appointment is recommended by Parliament by means of a resolution of
each House of Parliament, approved by not less than twothirds of
all the members of that House.
(5) If the office of a member of
the Commission becomes vacant any other person who is qualified to
be a member of the Commission may be appointed to be a member in
accordance with the provisions of paragraph 1, and the duration of
the term of office of such member shall be the unexpired period of
the term of office of the member whose office became vacant.
3. (1) Any member, other than the
Chairman may at any time resign his office by instrument in writing
addressed to the Governor-General and transmitted through the
Chairman, and from the date of receipt by the GovernorGeneral of
such instrument such member shall cease to be a member.
(2) The Chairman may at any time
resign his office by instrument in writing addressed to the
Governor-General; and such resignation shall take effect as from the
date of receipt by the Governor-General of the instrument.
4. The names of all members as
first appointed and every change in the membership of the Commission
shall be published in the Gazette.
5. (1) The Commission shall meet as
and when necessary for the performance of its functions under this
Act and such meetings may be held at such places and times and on
such days as the Commission may determine.
(2) The Chairman may at any time
call a special meeting of the Commission and shall call a special
meeting within seven days of the receipt of a written request for
that purpose addressed to him by any two members of the Commission.
(3) The Chairman shall preside at
all meetings of the Commission at which he is present, and, in the
case of his absence from any meeting, the members present and
constituting a quorum shall elect one of their number to act as
Chairman at the meeting.
(4) The quorum at any meeting shall
be three.
(5) Every decision of the
Commission shall be by a majority vote and where the voting is equal
the Chairman or person presiding shall have a casting vote in
addition to his original vote.
(6) Subject to the provisions of
this paragraph the Commission shall have power to regulate its own
proceedings.
(7) The validity of any proceedings
of the Commission shall not be affected by any vacancy amongst the
members or by any defect in the appointment of a member.
6. No action, suit, prosecution or
other proceedings shall be brought or instituted personally against
any member of the Commission in respect of any act done bona fide in
pursuance or execution or intended execution of the Commission's
functions under this or any other enactment.
7. The members of the Commission
shall receive such emoluments and be subject to such terms and
conditions of service as may from time to time be prescribed by or
under any law or by resolution of the House of Representatives.
8. (1) The seal of the Commission
shall be authenticated by the signatures of the Chairman and another
member authorized to act in that behalf.
(2) All documents, other than those
required by law to be under seal, made by, and all decisions of, the
Commission may be signified under the hand of the Chairman or any
other member authorized to act in that behalf.
9. Where, pursuant to paragraph 1,
the Governor-General is directed to act after consultation with the
Leader of the Opposition and -
(a) there is no person holding the
office of Leader of the Opposition; or
(b) the holder of that office is
unwilling or, by reason of his illness or absence from Jamaica,
unable to perform his functions in that regard,
the Governor-General shall act as
if the reference in that paragraph to the Leader of the Opposition
were a reference to such person as the Governor-General, in his
discretion, considers appropriate.
SECOND SCHEDULE (Section 11H)
Constitution and Procedure of
Appeal Tribunal
1. The Tribunal shall consist of
five members appointed by the Minister of whom -
(a) two shall be AttorneysatLaw,
who shall be chairman and vice-chairman, respectively; and
(b) three shall be persons
appearing to the Minister to be competent in relation to
broadcasting matters.
2. If the chairman, vicechairman
or other members of the Tribunal are absent or unable to act, the
Minister may appoint another person to act temporarily as chairman,
vice-chairman or as such other member.
3. (1) The appointment of every
member of the Tribunal shall be evidenced by instrument in writing
and shall be for a period not exceeding three years.
(2) Every member of the Tribunal
shall be eligible for reappointment.
(3) The Minister may at any time
revoke the appointment of the chairman, vice-chairman or any other
member of the Tribunal.
4. (1) Any member of the Tribunal
other than the chairman may at any time resign his office by
instrument in writing addressed to the Minister and transmitted
through the chairman, and from the date of the receipt by the
Minister of such instrument, such member shall cease to be a member
of the Tribunal.
(2) The chairman may at any time
resign his office by instrument in writing addressed to the Minister
and such resignation shall take effect as from the date of the
receipt of such instrument by the Minister
5. The names of the members of the
Tribunal as first constituted and every change in membership thereof
shall be published in the Gazette.
6. All documents made by, and all
decisions of the Tribunal may be signified under the hand of the
chairman or the secretary or any member or officer of the Tribunal
authorized to act in that behalf.
7. (1) The Tribunal shall meet at
such times as may be necessary or expedient for the transaction of
business and such meetings shall be held at such places and times
and on such days as the Tribunal may determine.
(2) The chairman or, in his absence
the vice-chairman, or in their absence any other person appointed to
act temporarily as chairman, shall preside at meetings of the
Tribunal and shall have an original and a casting vote in any case
in which the voting is equal.
(3) The decisions of the Tribunal
shall be by a majority of votes.
(4) The Tribunal shall have power
to regulate its own proceedings.
(5) The secretary shall keep a
record of all proceedings of the Tribunal.
(6) Subject to the provisions of
this Schedule the Tribunal shall regulate its own proceedings.
8. There shall be paid to the
chairman, vice-chairman and other members of the Tribunal in respect
of each appeal, such remuneration (whether by way of honorarium,
salary or fees) and such allowances as the Minister may determine.
9. No action, suit, prosecution or
other proceedings shall be brought or instituted personally against
any member of the Tribunal in respect of an act done bona fide in
pursuance or execution or intended execution of the provisions of
this Act.
10. Any member of the Tribunal who
has any interest, directly or indirectly, in any appeal brought
before the Tribunal -
(a) shall disclose the nature of
the interest to the Tribunal; and
(b) shall not take part in any
deliberations or decision of the Tribunal with respect to that
appeal.
11. The office of chairman,
vice-chairman or member of the Tribunal shall not be a public office
for the purpose of Chapter V of the Constitution of Jamaica.
The content of these statutes has
been reproduced from Ziplaw, with the permission of Ziplaw Limited. www.ziplaw.com
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