World Intellectual Property Organization

Barbados

Broadcasting Act, Cap.274B (consolidated as of 2002)

 

 


L.R.O. 2002Broadcasting CAP. 274B

CHAPTER 274B

BROADCASTING ARRANGEMENT OF SECTIONS

SECTION

  1. Citation.

  2. Definitions.

  3. Establishment of Broadcasting Authority and Board of Directors. 3A. Power to amend Schedule.

  4. Functions of Authority.

  5. Radio and television Licences.

  6. Undertakings to operate separately.

  7. Inspection of records.

  8. Staff.

  9. Remuneration of staff and Board members.

  10. Reports.

  11. Regulations.

  12. Offences.

  13. Owner or occupier on whose premises broadcasting or television apparatus or installation is found.

  14. Special obligations of licensee.

  15. Expenses.

SCHEDULE

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ss.1-2

CHAPTER 274B

BROADCASTING

An Act to provide for 1980-38. 2000-21.

(a)
the proper management and control of broadcasting in Barbados;
(b)
the establishment in Barbados of a Broadcasting Authority; and

for related matters.

[15th August, 1980] Commencement. 1980/117.

  1. This Act may be cited as the Broadcasting Act. Citation.

  2. For the purposes of this Act Definitions.

"Authority" means the Barbados Broadcasting Authority established under section 3(1);

"Board" means the Board of Directors established under section 3(2);

"Broadcast" means transmission by means of a radio station;

"licence" means a licence issued to a person, whether under an agreement or otherwise, permitting that person to operate a radio station or television station;

"licensee" means the holder of a licence;

"Minister" means Minister responsible for Information;

"radio station" means

(a) a station for transmission, by means of radio waves, of matter designed for aural reception by the general public; or

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CAP. 274B Broadcasting L.R.O. 2002 4

s.3

(b) a station for transmission, by means of a wired network connecting a transmitting instrument to a number of receiving instruments, of matter designed for aural reception by the general public,

and includes the studio, transmitting station and technical equipment provided for use in connection with the transmission;

"radio waves" means electromagnetic waves of a frequency less than 3000GHZ propagated in free space without the use of artificial guides;

"Secretary" means the person for the time being performing the functions of Secretary to the Board;

"television station" means

(a)
a station for the transmission by means of radio waves of fixed or moving images and associated sound designed for reception by the general public; or
(b)
a station for the transmission by means of a wired or other guided network connecting a transmitting instrument to a number of receiving instruments of matter designed for visual reception by the general public,

and includes the studio, transmitting station and technical equipment used for the purposes of such transmission.

Establish-3. (1) For the purposes of this Act there is established an

ment of

Authority, known as the Barbados Broadcasting Authority, which is a

Broad

casting body corporate and to which section 21 of the Interpretation Act

Authority

applies.

and Board of Directors. Cap. 1.

(2) There is established a Board of Directors for the purposes of

Schedule. directing the affairs of the Authority, and the Schedule has effect in relation to the constitution of the Board and otherwise in relation thereto.

4A L.R.O. 2002Broadcasting CAP. 274B

ss.3A-4

3A. The Minister may by order amend the Schedule. Power to amend Schedule. 2000-21.

4. (1) The functions of the Authority are Functions of

Authority.

(a)
to advise the Minister on any matter within its knowledge or in respect of which the Minister seeks advice;
(b)
to advise the Minister in relation to the terms and conditions subject to which licences to which this Act relates are to be issued;
(c)
to require from any licensee such information as may be prescribed relating to the operations and the programmes run by that licensee;
(d)
to ensure the provision of services by radio stations and television stations in accordance with plans prepared by the Authority and approved by the Ministry;

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9 L.R.O. 2002Broadcasting CAP. 274B

SCHEDULE

(Section 3(2))

1. (1) The Board comprises the Chief Information Officer ex officio and such 2000-21. number of persons as the Minister may determine.

(2) The Minister shall appoint one of the members of the Board to be its chairman.

2. A person who has an interest, whether direct or indirect, in

(a)
a radio station or television station; or
(b)
any undertaking dealing in equipment for the transmission or reception of broadcasting or television programmes,

is not eligible for appointment as a member of the Board.

  1. Subject to this Schedule, each member of the Board holds office for a period of 3 years but is eligible for re-appointment.

  2. A member may at any time resign his office by instrument in writing addressed to the chairman who shall immediately forward it to the Minister; and, as from the date of the receipt of the instrument by the Minister, unless some other date is mentioned in the instrument, that member ceases to be a member of the Board.

  3. The chairman may at any time resign his office by instrument in writing addressed to the Minister; and as from the date of the receipt of the instrument by the Minister, unless some other date is mentioned in the instrument, the chairman ceases to be chairman and also ceases to be a member of the Board.

  4. A member who is absent from Barbados without leave of the Minister or fails to attend 3 consecutive meetings of the Board ceases to be a member thereof.

  5. Where a vacancy occurs in the membership of the Board, the Minister may appoint a person to fill that vacancy for the unexpired portion of the period of 3 years.

  6. The Board shall meet at least once every quarter or at such shorter intervals as may be necessary for the transaction of business.

  7. Meetings of the Board shall be at such places and times as the Board determines.

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  1. The chairman may at any time call a special meeting, and shall do so within 7 days of his being requested to do so in writing by not less than 3 members of the Board.

    1. The chairman shall preside at all meetings of the Board, but, where at any meeting the chairman is absent, the members present and constituting a quorum may elect a person from among themselves to be chairman for that meeting.

      1. A majority of the members of the Board constitutes a quorum.

      2. Decisions of the Board shall be by a majority of votes.

  1. Every member of the Board has one vote, but, in a case where the voting is equal the chairman has, in addition to his original vote, a casting vote.

  2. The appointment, removal, death or resignation of a member of the Board shall be notified in the Official Gazette.

  3. All documents made by, and decisions of, the Board, whether for issue to a licensee or otherwise, must be signed by the chairman or by any member of the Board authorised to act in that behalf or by the Secretary.

17. Subject to this Schedule, the Board may regulate its own procedure.