Dear Editor,
I want to make a small observation in relation to Freddie Kissoon’s piece on the return of the $65 odd million which was cut from the NCN budget. The private broadcasters would be very upset if this money is returned to NCN, since for several years they have been forced to compete with this government controlled entity which was competing unfairly in the local advertising marketplace.
Article 149 (1) (b) of our constitution says that “no person shall be treated in a discriminatory manner by any person acting by virtue of any written law or in the performance of the functions of any public office or any public authority.” The subvention is therefore unconstitutional since NCN is receiving it and at the same time competing unfairly for advertising with the private broadcasters, who are not receiving a similar subvention. I suspect that there would be a flurry of legal action were this money to be returned to NCN now.
Other monies which were withheld by the opposition would be negotiable, but not this one. The private broadcasters would, for example, not quarrel if the GINA money was returned, but as far as NCN is concerned, they are prepared to take legal action against this violation of their constitutional rights. Anyone who is waiting for NCN to receive their subvention, therefore, had better stop holding their breaths. A substantial number of the private broadcasters are determined to stop, at all costs, re-establishing the unfair, unequal and unconstitutional competition offered by the subvention which ensures that only NCN can bring cricket, soccer, Olympics, etc, as a result of the uneven playing field in broadcasting which the subvention creates for them.
Yours faithfully,
Tony Vieira
