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MISSION STATEMENT
The Broadcasting Commission seeks
to enable the orderly development of the electronic communications
sector in order to serve the interests of the Jamaican public by
regulating and monitoring licensees and by advising government in a
manner that is transparent, fair, efficient, effective, facilitative
and consultative.
WHAT IS THE COMMISSION?
The electronic media, broadcast radio and television, as well as subscriber television, have profound and wide-reaching effects on many aspects of the daily lives of Jamaicans. The Broadcasting Commission’s role is to monitor and regulate these industries, balancing the interests of consumers, the industries and the creative community in implementing public policy and law.
The Commission is a statutory body established by the Broadcasting and Radio Re-Diffusion Amendment Act of 1986.
Prior to this, the broadcast media were monitored by the Broadcasting Authority, which was created by the Broadcasting and Radio Re-Diffusion Act of 1949. The Authority’s functions were incorporated into the Commission.
WHO IS THE COMMISSION?
Members of the Commission are appointed by the Governor-General, after consultation with the Prime Minister and the Leader of the Opposition. Commissioners are appointed to serve for five years.
Commissioners meet monthly, or more regularly if necessary, to discuss and decide on matters relating to the Commission’s mandate.
The decisions of the Commission are carried out by a
Secretariat,
which is headed by an Executive Director.
WHAT DOES THE COMMISSION DO?
The Commission administers the Broadcasting and Radio Re-Diffusion Act, 1995 and the Television and Sound Broadcasting Regulations, 1996, ensuring that they give structure and direction to the media the Commission oversees.
The Act and Regulations govern the Commission’s discharge of its mandate by defining the body’s administrative structure, role and authority.
One of the Commission’s main functions is to recommend to the Minister of Information which applicants should receive licences for radio, television and subscriber television (STV) services. It also recommends the terms and conditions under which those licences should be granted and renewed. Applicants for licences are expected to meet certain programming, technical, and financial standards and be able to provide a satisfactory level of service.
Once the Commission is convinced that an applicant can adequately staff and operate the service according to the law, a recommendation is made to the Minister of Information, who then decides whether a licence should be granted.
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Maintenance of Standards |
The Commission is required to see that the operations and programming of the licensees it regulates meet the standards set out in law.
The Regulations state that radio, television and STV services must provide satisfactory customer service, technical quality and meet standards of programming content.
Licensees, particularly STV operators, are expected to have proper complaints systems so that customers experiencing problems with the service can contact them at any time. The licensee is expected to deal with these promptly.
The Commission also monitors licensees to see whether they are meeting the required technical standards set out in the Regulations.
The Commission does not pre-screen any of the programming transmitted by licensees. Rather, its interest is in ensuring that licensees are aware of the legal standards that apply to content. Certain types of violent, false, misleading, or libellous material, as well as profane, obscene, racist, sexist, or indecent material are illegal.
Where breaches of the law occur, the Commission may direct the licensee to air an apology, or recommend to the Minister of Information that the licence be suspended or revoked. As a further penalty, the licensees who break the law may be prosecuted in a Resident Magistrate’s court.
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Advice to Policy Makers |
While the Commission does not formulate media regulatory policy, it does contribute to the discussions out of which policy comes, through the submission of information to the policy makers, which is the Information Division of the Office of the Prime Minister. Among other things, the Commission is to advise the Minister of Information on the allocation of time to broadcasting programmes that are Jamaican in origin, performed by Jamaicans, or which are particularly relevant or significant to Jamaica.
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Research |
The Commission has the mandate to carry out or commission research on all areas relating to the electronic media in Jamaica. Such information guides the Commission when proposing policy changes, and formulation of standards for licensees’ operations.
WHAT THE BROADCASTING
COMMISSION DOES NOT DO
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The Commission does not grant licences |
Authority to grant licences is vested solely in the Minister of Information. Applications for licences are made to the Minister through the Commission.
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The Commission does not set subscription fees for cable TV services |
In Jamaica’s liberalised market, providers of cable programming, like other business owners, are free to decide how much to charge
for their services.
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The Commission does not determine, assign or specify areas to which cable operators should provide
service |
Cable operators, just like other persons wishing to operate electronic media services, decide which areas they wish to serve and make the appropriate application to the Minister of Information through the Commission.
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The Commission does not issue
frequencies |
The Spectrum Management Authority, which manages the spectrum, assigns frequencies. However, the Commission, as the need arises, consults with this body on spectrum use by broadcasters.
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The Commission does not dictate or censor programming of radio or television
services |
The Commission does not tell licensees what type or format of programme to air, or what should be the subject, topic, theme or focus of any programme or its content. Licensed broadcast radio and
TV services are expected to screen the material that goes into their own programming, with knowledge of the laws specifying types of
illegal content. The same types of legal restrictions on content are also applicable to cable TV, which, in addition, is prevented from showing adult programming outside of
the timeband 11:00p.m. to 4:00a.m.
The Commission will however remind licensees of the law where it has evidence that illegal material has been broadcast and request that the licensee take remedial action which may include:
- putting in place measures to prevent recurrence of such
illegal transmission
- broadcast of an apology for the illegal transmission.
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The Commission does not make laws |
Parliament is the only body that can make laws. The Commission may contribute to the process by which laws are passed by responding to proposed policy or making independent submissions on matters relating to the operation of electronic mass media to the Minister of Information. Persons who have difficulty with some aspect of the law are encouraged by the Commission to also make their views known to the media policy formulators, the Information Division of the Office of the Prime Minister.
THE COMMISSION’S SOURCES OF FUNDING
The Commission is funded by fees associated with regulation.
Applicants seeking to provide radio and television services pay a fee when they are awarded a licence. Companies that are awarded STV licences also pay fees of five per cent of the annual income from subscribers.
WHAT’S YOUR ROLE WITH THE COMMISSION?
The Commission’s work involves keeping Jamaicans more closely in touch with their communities, their country, their region and the world. To do this, the public is encouraged to participate by offering ideas, views and comments as the Commission considers its policies and practices, develops new guidelines and assesses the performance of radio, television and STV licences.
If you are not satisfied with what you see or hear, a complaint can be made to the
Commission for an investigation to be conducted to see if the law has been breached. Complaints about programming must be brought to the Commission’s notice within twenty-one days of the broadcast, since radio and television stations are required to keep tapes of material they air for only thirty days in most cases.
However you choose to participate, remember, your views are important and may add to the good things that Jamaica’s electronic media bring you.
If you have comments or questions about any area for which the Commission has responsibility, or you want to file a complaint, please write or call us.
The Broadcasting Commission
5th Floor, Victoria Mutual Building
53 Knutsford Boulevard
Kingston 5, JAMAICA
Tele: 929-1998, 920-9537–9
Toll-free: 1-888-99-22253 (1-888-99-CABLE)
Fax: 929-1997
Individuals may leave short messages on twenty-four hour messaging service that is available on this line, before 8:30 a.m. or after 5:00 p.m. during the week, or all day on weekends.
The Commission’s Secretariat is open: Mondays – Thursdays: 8:30a.m. — 5:00p.m. and Fridays: 8:30a.m.
- 4:00p.m.
For more information on the
Broadcasting Commission, check other sections of our website or
email us at:
email
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