Benjamin et Al v The Honourable Minister of Information and Broadcasting et Al
| Jurisdiction | Anguilla |
| Judge | Saunders, J |
| Judgment Date | 07 January 1998 |
| Neutral Citation | AI 1998 HC 3 |
| Docket Number | No. 56 of 1997 |
| Court | High Court (Saint Christopher, Nevis And Anguilla) |
| Date | 07 January 1998 |
High Court
Saunders, J.
No. 56 of 1997
Ms. B. Lake, Q.C., Mr. H. Rawlins and Mr. E. Gaskin for the first and second named applicants.
Mr. J. Simon and Ms. J. Kentish for the third named applicant.
Mr. R. Scipio, A.G. (Actg.) With Mr. S. Reid and Ms. M. Petty for the respondents.
Constitutional law - Fundamental rights and freedoms — Freedom of expression — Whether it was unconstitutional for the Minister of Information to suspend a radio programme — Whether such freedom is a sine qua non of democracy — Section 11 of the Constitution — Court found that the Minister's action was an interference with that right.
Administrative Law - Legitimate expectation — Whether applicant had a legitimate expectation that radio programme would continue with him as host unless there was some overriding public interest for its suspension or termination — No personal assurances made to applicant — No ground to base such an expectation.
Saunders, J.: Radio Anguilla is owned by the Government of Anguilla. It does not function pursuant to any Ordinance or other law. No regulations or guidelines govern its operations. There is no policy making Board established for it. It is administered purely as a Government department. It falls under the portfolio of the Hon. Minister of Information and Broadcasting. On a day to day basis it is run by the Director of Information and Broadcasting. Mr. Nathaniel Hodge holds that position.
Some time in 1994, Mr. Hodge conceived the idea of establishing a programme on Radio Anguilla whereby listeners could participate. Such programmes are now extremely popular in many parts of the Caribbean and beyond. They are known as Call-in programmes. Mr. Hodge wanted a suitable host for such a programme. A responsible citizen. Perhaps a lawyer. Someone with close links to the then government, would be ideal, he thought. He approached John Benjamin.
Mr. John Benjamin was a Barrister-at-law of over ten years standing. He had also received training in England as a community worker. He was very active in the social, cultural and sporting life of the Anguilla community and had served in an executive position in several organisations. He was no stranger to radio or to Radio Anguilla in particular. In 1988, he had produced a programme called “Legal Briefs.” That programme had aired on Radio Anguilla for three and a half years. Throughout the 1994 Anguilla General Elections, Mr. Benjamin had served as Campaign Manager of the Anguilla Democratic Party (ADP). He was its Chairman. That party, along with the Anguilla United Party (AUP), formed an alliance after those elections. These two parties currently hold the reins of power as a coalition government. Mr. Benjamin perfectly suited Mr. Hodge's requirements. When approached, he readily agreed to provide his services free of charge.
Mr. Hodge and Mr. Benjamin discussed the proposed programme. They agreed that it should be enlightening and educational. Mr. Hodge would assume responsibility for the timing and duration of the programme. Mr. Benjamin said that he would procure sponsorship and undertake the production of the programme. He selected the topics to be discussed and the guests to appear on the programme.
Mr. Benjamin was not satisfied with a general assurance that the programme was sanctioned by the Government. He wished to have explicit Government endorsement for this particular programme that he intended to fashion. To this end, he arranged a meeting with the Ministers of Government. He discussed with them his concept of the programme. The programme would be called “TALK YOUR MIND.” It would fulfill an electoral promise of Open Government made by the ADP. It would provide an opportunity for people to raise topical issues, to express their views openly. It was intended to stimulate creative ideas. It would provide a pipe-line through which concerns of the community could be channeled to the Government.
The Ministers of Government, flush with victory at the polls, welcomed the idea. Already, at the level of Executive Council, they told Mr. Benjamin, they had collectively made a commitment to uphold freedom of the Press and of Expression.
The new programme was first broadcast on the 19 th October, 1999. TALK YOUR MIND got off to a good start. Mr. Benjamin secured, from a company owned by the Leader of the Opposition, sponsorship for the inaugural programme. There was no shortage of sponsors for future programmes.
TALK YOUR MIND was aired every Wednesday evening. The time allocated for its broadcast was one when most people would have completed their day's work and have eaten dinner. Normally, the programme lasted for one hour. If the discussions were animated and interesting, Mr. Hodge would permit it to run on for a longer period. For three successive Wednesdays each month specific topics were introduced for discussion. An invited guest would lead these discussions or Mr. Benjamin himself might do so. On the fourth Wednesday the line would be open for any topic of concern to be raised by callers.
Anyone could call in to the programme. Callers were not required to identify themselves. They were able frankly to express their view point on the topic of the day or, on the Wednesday so allocated, on any subject. They were not censored. But Mr. Benjamin, as host, tolerated no abuse, defamation or personal attacks. The length of each call was determined by him. He had a discretion in this respect.
The value of this radio programme cannot be appreciated unless one understands the context in which it operated. One newspaper is published in Anguilla. It is called THE LIGHT. There are two privately owned radio stations on the island. One of them is a religious station. Radio Anguilla is the only publicly owned electronic medium. At the time that it commenced, TALK YOUR MIND was the only interactive radio programme in Anguilla.
Sidney Gumbs, one of the applicants, stated on oath that TALK YOUR MIND enjoyed a wide listening audience in his community. On Wednesdays the villagers of his neighbourhood would remind each other of the forthcoming programme. They would often congregate to listen together and to discuss the programme as it unfolded. Mr. Gumbs himself called in regularly and thus was able to make his own contribution to the issues at hand.
For Mildred Vanterpool, another applicant, TALK YOUR MIND became a necessary part of life in Anguilla. It knitted together the community. She too was a regular listener and caller. As she went about her daily chores, she would note topics and issues raised by her neighbours and undertake personally to inform Mr. Benjamin of these subjects so that he could deal with them on air. As a result of calls made to the programme by her, corrective action was taken by the responsible authorities regarding such matters as garbage being deposited at the beaches; young men loitering at the Comprehensive School; disaster preparedness; and the condition of some of the roads in the island.
In one of his affidavits in these proceedings, Mr. Benjamin listed other issues discussed on the programme since its inception. They included the Ambulance Service; noise pollution; the Draft National Land Plan; alcohol and substance abuse; the right of teenage mothers to return to school; the role of pre-schools; and the British Secretary of State's letter of 17 th December, 1996 to the Hon. Chief Minister.
As time wore on, callers to the programme began to voice criticism of the Government. The Minister of Finance and the Chief Minister accepted invitations to appear on the programme. Nevertheless, criticism of the Administration continued.
In about July, 1996, the Minister of Information suggested to Mr. Benjamin that the programme should be changed from a Call-in programme to a panel discussion only. The Minister wished to have the open, interactive aspect discontinued. Mr. Benjamin deposed to the following in his affidavit. Its veracity is unchallenged:
“….the first-named respondent expressed the view that since the radio station is a Government station the programme should be slanted to promote the government of the day. To that I respectfully expressed my disagreement and pointed out that the view was not in keeping with good journalism and his pre-administration expression of opinion that the radio station should be “freed up” for open access and discussion.”
Shortly after this exchange, the Minister directed that TALK YOUR MIND be discontinued. No particular reason was advanced for the abrupt termination of the programme. A new programme, ON LINE, was introduced. Originally, ON LINE was supposed to be a substitute for TALK YOUR MIND. It has a mainly regional and international flavour however and it hardly focusses on Anguilla affairs. There is limited call-in participation by the public at large.
Anguillians reacted with great dismay at the curtailment of TALK YOUR MIND. Expressions of disapproval were broadcast on the Caribbean News Agency and on radio stations in nearby islands. Ms. Vanterpool says that she felt cut off from her community, “burdened and pressured by not having an opportunity to air [her] views.” She approached the Minister responsible as well as the Minister of Finance. She explained to them the hardship which the community was experiencing. According to her, the views of the people were now stifled and bottled up without the ability to be publicly ventilated.
Ms. Vanterpool received a sympathetic hearing from the Government Ministers. The collective protests resulted in a change of heart. The Minister of Information promised Ms. Vanterpool that he would have the programme resumed without further interference. The Minister gave to Mr. Benjamin as well, “a verbal assurance that… [he]… would not...
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