Fair play in an election

The fundamental importance of fair play in the electoral process can at times be taken for granted in The Bahamas, particularly since many political supporters are only concerned with the process when it negatively impacts the party with whom they are aligned.

A free and fair election has several key attributes, two of which being that the state provides equal opportunities for participation by those contesting the election, and that registered parties have an equal right to make their case to voters through mechanisms including television and radio broadcasts.

So foundational are these attributes that rules for the publicly-owned Broadcasting Corporation of The Bahamas (BCB) were established decades ago, to set statutory parameters for political broadcasts both in and outside a general election period – defined in law as the period commencing with the dissolution of Parliament.

Since BCB is subvented by the state through the use of taxpayer dollars, all Bahamians – regardless of political persuasion – have a vested interest in its operations.

Section 18(1) of the Broadcasting Rules 1992 states: “In respect of a general election, each political party may, during the election period purchase for use during that period, six 15-minute programs of air time on radio and an equal number of such programs on television, and may appoint a member of the party who is a candidate for election to the House of Assembly to speak on such program.”

The rules further state that during the election period, political parties or independent candidates may purchase broadcasting time for election advertising prior to polling day.

Section 24(1)(a) states that in the case of a political party, “a maximum number of six advertisements per day, for television and an equal number for radio” can be purchased with the BCB.

With respect to advertising within a political program (referred to in the rules as spot announcements), section 26 says, “The general manager shall permit each candidate or political party to advertise the broadcasting of a program under these rules within the period commencing at the pre-recording of the program and ending at the broadcasting of such program.”

And section 28 of the rules states, “The political party which commanded the majority of the membership of the House of Assembly immediately prior to the last dissolution of Parliament shall, if it so desires, have the right of the last broadcast during an election period and in that event, the official opposition party shall have the right to the first broadcast.”

Meantime, the Code of Practice for Content Regulation published by the Utilities Regulation and Competition Authority (URCA) states in section 6.3 thereof: “In making broadcasting time available to individual candidates, political parties, or any other person or entity for political advertisements and political broadcasts, licensees shall not discriminate against any candidate, or political party, person or entity, or make or give any preference to any candidate, or political party, person or entity, or subject any candidate, or political party, person or entity to any prejudice or bias.”

Should a candidate or political party feel aggrieved by the general manager of the BCB in respect of provisions established in the broadcasting rules, section 28(1)(2) states that they “may make a complaint to the council in respect of the grievance and the council may, after consideration of the complaint, give as soon as practicable to the general manager such instructions as the council sees fit.

“The general manager shall give effect to any instructions issued by the council under paragraph (1).”

That council is the Electoral Broadcasting Council, whose appointment the Parliamentary Elections Act mandates to “monitor the coverage of the election campaign being done by The Broadcasting Corporation of The Bahamas for the purpose of ensuring that there is accuracy and fairness in the reporting of the campaign.”

Section 31(b) of the act states that the council is to “act as a board of review to hear any complaints made by a political party or candidate at an election in respect of the breach by the Broadcasting Corporation of The Bahamas or its general manager of the rules relating to political broadcasts or advertisements.”

The chairman of the council is appointed by the governor general on the recommendation of the prime minister following consultation with the leader of the opposition, and the deputy chairman is so appointed on the recommendation of the leader of the opposition, following consultation with the prime minister.

The Minnis administration has made no announcement of the council’s appointment. 

Without the statutorily mandated council in place, political parties and independent candidates are robbed of this essential mechanism established to ensure fair play by the country’s public broadcaster.

The PLP and the BCB

Given our observation that the opposition Progressive Liberal Party (PLP) did not broadcast on ZNS radio or television, its campaign launch event last week featuring the party’s leader and deputy, Perspective contacted PLP Chairman Fred Mitchell to inquire as to the reason for this.

Mitchell responded, “As I understand it, the Broadcasting Corporation has taken a position that there was a debt which they say is owed by the Progressive Liberal Party from the 2017 general election, and unless we pay that bill, they are not going to accept any money for advertising or anything from the Progressive Liberal Party, which I find an extraordinary proposition to be made by a public corporation and a commercial entity that is obviously in need of funds.

“Because clearly, while the dispute is being settled, you can accept monies from someone who presents you with what is otherwise a lawful ad or a community announcement.”

With the political season now in full swing, those who do not support the PLP might argue that the opposition party is not entitled to fair play since it has a bill outstanding with the BCB.

However, the broadcasting rules governing entitlements for political parties and independent candidates during an election period, are not contingent upon the financial standing of those wishing to purchase airtime for campaign advertisements or programs with the BCB.

Of course, customers of public entities should keep current with their debts thereto, and the only expectation to be considered unreasonable in our view, would have been if the opposition party had sought to purchase airtime on credit with a debt outstanding, as opposed to the upfront payments Mitchell said the party was prepared to make.

The PLP chairman said the party had been disputing the total amount of monies owed by the PLP organization versus individual constituency branches, adding, “I know while we were disputing the debt, we were paying as we went along.

“So we have just been using social media and the private television and radio stations to advertise meetings. I am advised that the secretary general is to make a proposition to the Broadcasting Corporation as early as [this] week to see if their position has shifted or changed.

“As I was just saying to the leader, my reading or understanding of all regulations is that there is a statutory mandate for them to give certain time to the leader of the opposition, and I don’t think that has anything to do with whether the PLP pays [the full debt], so if I am correct in my interpretation, it seems to be a breach of that regulatory provision.”

The provision to which Mitchell refers is found in section 20 of the broadcasting rules, which states that the opposition party may purchase two 15-minute programs on both radio and television each year outside the election period, provided the opposition holds one-third or more of the seats in the House of Assembly.

If the opposition party holds less than one of third of the seats – as is the case with the PLP this term – it is entitled to one 15-minute program of air time on radio and one such program on television each year outside of the election period.

Section 20(2) states, “During an election period, no purchase may be made under paragraph (1) and no use may be made of any air time so purchased.”

And section 20(3) states, “Any program broadcast under this rule shall be made by a senator or member of Parliament.”

When questioned by Perspective on the matter, BCB Chairman Fred Gottlieb said, “The position of the board of the BCB is that all debts that were owing recently had to be settled in full by all political parties before we accept funds for any further political ads and so forth.

“The Free National Movement settled its debt completely, and as far as I know the DNA doesn’t owe any money, and the only party that does still owe is the Progressive Liberal Party.

“There is no bias here. It’s just that fair has to be fair. We can’t have one party paying all of its debts and another one not. It’s not that we do not want to accept money from the PLP for ads, but the debt that exists needs to be settled.”

Gottlieb noted that the board’s decision came about prior to the general election period, adding that the decision does not involve a prohibition on the leader of opposition’s entitlement to purchase air time with BCB.

Of the board’s policy with respect to the opposition’s leader, Gottlieb said, “That’s definitely not affected by that. That’s established by rules and thus he is entitled to his allotted time. It is speaking of party advertisements and so forth.

“The position of the board and certainly my position as executive chairman is that we want to be fair, and unbiased, and impartial. So that will be what will guide us, and I will certainly ensure that that is followed by the staff of BCB.

“As far as I am concerned as chairman of the board, there is no intention or desire or motive to try to prevent any political party from having the same rights as the other political party.

“But we are trying to survive financially, so, therefore, monies that are owed – and we made that decision some time ago – had to be paid up.”

The 2021/2022 fiscal budget’s allocation for BCB’s annual $7 million recurrent subvention was approved by Parliament in June.

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