Tonga: BroadCom shut down by Government

Monday 6 December 2010 Nukualofa

Tonga’s youngest broadcaster, BroadCom Broadcasting, a radio station better known as ONE-FM88.1, has been shut down by the government Ministry of Information and Communications for broadcasting post election programs during the political reform process.

BroadCom began broadcasting on September 5th 2009 on the frequency 88.1Fm licensed under Taimi Media Network (TMN) then known as Lali Media.

But the CEO of TMN, Kalafi Moala, has stopped BroadCom from using its license claiming the Ministry of Information and Communications made complaints to him regarding post election programs.

In a letter (email) to BroadCom sent late Thursday night December 2nd, Kalafi Moala said, “I have been contacted by the Ministry of Information and Communication in regards to complaints they have received as to standards violation on Radio FM 88.1. Allegations have been made as to programs broadcast where there have been incitement of people to anger in regards to the possible choice of independent elected people’s representatives to side with the noble representatives in the possible choice of Prime Minister. I have also been contacted by others from Tonga complaining as to why such programs are allowed to be broadcast on Radio FM 88.1. Others have pointed to an “OBN style” of incitement by Radio FM 88.1. According to these complaints, the said programs essentially were made like a threat to the independent people’s representatives, and to cause disaffection among people toward them if they do not side with the Democratic Friendly Islands Party line.”

The same letter was copied to the Minister of Information and Communications, ‘Eseta Fusitu’a, informing the responsible authority, TMN has severed any and all existing private arrangement made with BroadCom Broadcasting for the Licence usage.

However, local media reports by the national broadcaster, Tonga Broadcasting commission carried a news item on BroadCom aired on Friday 3 July, revealing the ministry’s CEO, Paula Ma’u, denied any connection whatsoever between the decision to cease ONE-FM 88.1 radio with the outcome of the 2010 general election, or any other political motives. He said their action is primary based on he fact that Kalafi’s decision to terminate. In the communication act operating without a licence is illegal.

The CEO’s statement on television totally contradicts Kalafi’s letter as to the bases of his decision to withdraw.

In a phone interview with Paula Ma’u, the CEO said they communicated with Kalafi Moala as the licence holder and denied any contradictions but confirmed having received complaints from people. According to Ma’u, their decision is based on the legality of the licensee and since Moala revoked prior arrangement with BroadCom Broadcasting, despite a three months notice issue on the 15 September 2010, the Ministry acted accordingly on Moala’s advice.

As it stands, the Radio Station, staff and equipment belong to BroadCom. The licence belongs to TMN. TMN has the licence but no equipment, and BroadCom has the equipment and staff but no licence.

“We agreed to work together on ONE-FM 88.1 radio. That was the basis of our working relationship. There was an MOU but was terminated in October this year because it was illegal according to the Ministry of Information and Communications” Tohi said.

The decision to cease broadcasting right away came as a surprise to BroadCom according to its Managing Director.

“Kalafi initially allowed us here at BroadCom to use the licence till the end of the first week of January 2011 but he has decided otherwise and so we respect his decision” Tohi added

“I do not in anyway want to lose my licence because of violation of broadcasting standards, the ministry of information will deal with me as I am the licence holder should they pursue any action against ONE-FM 88.1 radio.” Kalafi Moala said.

The very essence of the media’s role is to inform people on the facts and views and so the question remains, did Broadcom BroadCasting actually violate broadcasting standards?

“Media is about people, without the people there is no media, it’s not about my opinion, we are simply disseminating ideas and views to give the public a better understanding of facts” according to Tohi.

But the main question on every Tongan mind is why BroadCom Broadcasting still does not have a licence.

“I have discussed this with my minister and will have to await the new government in order for cabinet deliberate on” Ma’u said but falls short to disclose a time frame.

In a media statement released by the group, BroadCom Broadcasting, claimed it lodged its application to the Office of the Prime Minister in March 2009, but up to now there is yet to be a response from government about the application status.

It further revealed that the first reply in a form of a letter, from the Ministry of Information and Communications was delivered to BroadCom Broadcasting by the CEO of the Ministry – Paula Ma’u on Friday 3 December 2010, almost two years after lodging the licence application.

The letter to BroadCom Broadcasting, sub-title “Cease Broadcasting” states, “This is to inform you that you are in breach of section 17 of the Communication Act by operating a radio station without an individual licence under section 16 of the same Act…. We therefore require you to cease broadcasting immediately, from receipt of this letter, or no later than 2:00 PM today, Friday 3 December 2010 If you fail to do so we will commence prosecution on the basis of breach of section 17 of the Communications Act.”

There was no reference in the letter to the complaints the Ministry of Information and Communications made to Kalafi Moala regarding the post election political programs.

When questioned by BroadCom, upon delivering the letter, why the government has not issued a licence since the station already has a fully equipped radio station and more importantly the staff.
Ma’u said, “I don’t know. Everything has got to be finalised by the Hon. Minister of Information and Communications.”

Meanwhile, it is the families of 10 BroadCom Broadcasting Ltd staff who are at the receiving end of this plot especially as we approach the Christmas season. Their fate will have to depend on the new government, but the question is how long it will take if it has taken almost two years to get a formal response from the current government. Their future remains to be seen.

ENDS

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