ECS 07/2020 STATEMENT OF RESULTS AND FINAL DECISION CONTENT REGULATION: REVISION OF THE CODE OF PRACTICE FOR CONTENT REGULATION

The Utilities Regulation and Competition Authority (URCA) issues this Statement of Results and Final Decision on the Proposed Revision to the Code of Practice for Content Regulation ECS 72/2019 (“the Code”) consultation document. In addition to this Statement of Results and Final Decision, URCA has published its Revised Code of Practice for Content Regulation – ECS 08/ 2020 (“the Revised Code”)as a standalone document.

On 13 December 2019, URCA published and thereby initiated its public consultation process on the Proposed Revision of the Code of Practice for Content Regulation – ECS 72/2019. During this process, members of the public, stakeholders and other interested parties were given the opportunity to comment on the proposed revisions to Part 6 – Political Broadcasts and Political Advertisements, Part 7- Advertising and Sponsorships and Part 10 – Complaints Handling Process of the Code of Practice for Content Regulation. URCA’s consultation process concluded on 31 January 2020. At the close of this period, URCA was disappointed with the low number of responses from the public, stakeholders and other interested parties to the consultation document. To ensure that the consultation was as comprehensive and inclusive as possible, URCA extended the Response Date to 28 February 2020. At the close of the extended period, URCA received written submissions from the following respondents:

  • Cable Bahamas Ltd.;
  • The Bahamas Telecommunications Company Limited; and
  • Sears & Co. (instructed by Playtech Systems Ltd. (Playtech) d/b/a “Island Luck”).

URCA thanks the respondents for their written submissions and participation in the consultation process.

Having reviewed the responses, URCA considered that there were meritorious Constitutional and other issues proffered by the Respondents that required careful consideration and expert legal advice. As such, obtaining such advice inevitably delayed the issuance of this Statement of Results and Final Decision and the Revised Code.

URCA now provides its comments on the responses received and sets out herein its Final Decision. For the avoidance of doubt, Respondents should not take URCA’s failure to respond explicitly to any issue raised by such Respondents as signifying URCA’s agreement in whole or in part with the comment, that URCA has not considered the comment, or that URCA considers the comment without merit.

 

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