The Tribune

THE Utilities Regulation and Competition Authority has ordered Cable Bahamas Limited to immediately cease and desist from broadcasting a political advertisement of Progressive Liberal Party Leader Philip “Brave” Davis that has been showing on its channels.

In a letter dated July 23, URCA’s CEO J Carlton Smith said the authority opened a full investigation into a complaint leveled regarding the ad referring to the PLP and its leader.

The probe falls in line with section 9 of the Communications Act 2006 and paragraph 10.10 of URCA’S Content Regulation: Code of Regulation (revised) - ECS 08/2020 also known as the content code.

PLP Chairman Fred Mitchell earlier this week called the ad “defamatory and abusive” and threatened that CBL would be sued if the ad were not pulled. He also called for URCA's intervention.

The letter read: “Further, URCA considers that the risk of serious and irreparable harm to the complainants in this matter warrants the issues of an interim order pursuant to section 96 of the Comms Act and paragraph 10.11 of the Content Code.

“As such, URCA has issued an interim order to CBL in this matter, the effect of which requires CBL to immediately cease and desist from broadcasting the advertisement regarding the Hon Phillip E “Brave” Davis and the Progressive Liberal Party unless and until further notified in writing by URCA.”

A formal complaint was filed with URCA by McKinney, Turner & Co Counsel and Attorney-at-Law on behalf of Mr Davis and the PLP against CBL on July 20.

The complaint alleged that since July 12 and onward, CBL broadcast political advertisements on multiple cable TV channels and other media platforms via REVMedia, which defamed both the party and Mr Davis.

Further, the allegation states that CBL failed and/or refused to clearly identify the political ad where possible at the beginning and automatically at the end as of a political nature. It was neither made clear that the ad came on behalf of a specified candidate or organisation and/or that it has been paid for by any party.

The order said: “URCA considers that the alleged conduct by CBL and Be Alive as set out under Section 2 above may be, inter alia, in breach of paragraph 6.8(1) and 6.6 of the Conduct Code, respectively.

“Having regard to CBL’s widespread advertisement reach throughout The Bahamas and potentially beyond, URCA further considers the alleged conduct, as set out under Section 2 above to be of sufficient urgency to warrant the issuance of this interim order due to the risk of serious and irreparable damage to the character and reputation of the Hon Phillip E “Brave” Davis, QC, MP Leader of the Opposition and the Progressive Liberal Party if the conduct is not immediately addressed.”

It said that the particulars of the likely serious and irreparable damage include without limitation the temporal or material loss to the character and reputation of Mr Davis and/or the PLP and if permitted the political advertisements may establish a precedent and legitimate expectation for other licensed broadcasters that would be contrary to the underlying principles for broadcasting in The Bahamas regarding tastes of standards and decency.

Failure to comply with the order could force URCA to take serious action including revocation of CBL’s license among other things, the order noted.