Efforts to Frustrate Cayman'sMedia Pioneer - Nothing New

Previousmedia-related productions by the publisher of Cayman Net Newshas been subjected to various obstructive attempts - some successful- over the past three decades by hierarchy in the Cayman IslandsGovernment with the introduction of Legislative and Administrativepunitive action to stifle an independent, multi-media voice.



Back in 1975-1976 the then Chief Immigration Officer attemptedto 'assess' the various responsibilities of the publisher of theNor'wester Group of publications' involvement, so that appropriateWork Permits may be considered. This was thwarted by the acquisitionof Caymanian Status of the publisher, who stated in a responseto the Chief Immigrations inquiry, that "there is no needto respond ... to your inquiry as the (publisher) is a personof Caymanian Status of Right.

In 1978, the Nor'wester magazine - which was distributed to some15,000 subscribers, including leading libraries all over the UnitedStates, Canada and Europe, in addition to its popularity locally- was ordered to be removed from being distributed on board CaymanAirways, as the official magazine of the airline.

In 1978, a sister company of the Nor'wester Group - Cayman IslandsTransmission and Video Systems Ltd applied for and received aLicence to 'Transmit Video Signals via cable to homes of GrandCayman. The company entered negotiations with Caribbean UtilitiesCompany to utilize their poles and pressed ahead with plans tobring Television service to the island.

Earlier, the company was encouraged to proceed with the introductionof Television to the island by way of the start up of a VideoRental Club and the selling TV sets and Videocassette players.Hundreds of people came from all over the island to watch televisionin the glass front offices of the Nor'wester which was locateddowntown next to the ruins of Fort George.
CiTV of 1978 plans were dashed when the Government introduceda bill to grant a franchise for the implementation of televisionservice. The company's then attorney advised against taking legalaction against the Government, because as he put it "Parliamentis Supreme."
(After the introduction of Broadcast TV to the Islands in 1992- following its success of beaming locally produced programmesdirectly to homes in Cayman via Satellite form Minnesota, theTelevision operation failed owing to under capitalization.)

An attempt was made to introduce a bill to the Legislative Assemblyin 1984, whereby Journalists would have to be licensed by Government.The Nor'wester's sister weekly newspaper- The Cayman Pilot - tookthis development to the world press, and among others, media associations,the Organization of American States, the Trust Press in London,the British Government and the United Nations, the Caribbean Publishingand Broadcasting Union - and held a Public Meeting to protestthe attempt to introduce this Law to Licence Journalists.

Minutes before the Public Meeting begun, the then Government of1984, issued an official announcement on Radio Cayman that theBill was withdrawn.

Months later, a bill was introduced into the Legislative Assembly,and passed - that any newspaper printed overseas with a 'predominanceof local content' would be subject to paying Import Customs Duty.This levy helped to create the demise of the Nor'wester Groupof Publications in 1984.

Recently in the Legislative Assembly - last week Tuesday, the13th of June - Mr. Roy Bodden, Member of the Legislative Assemblyfor the District of Bodden Town read a statement into the recordsof the Legislative Assembly in connection with an ambiguous sectionof the Customs Tariff Law, which states that "newspapersprinted overseas with a predominance of local interest" issubject to paying duty.

The following is thefull text of Mr. Bodden's remarks:

Statement Regarding Duty Imposition on Cayman Net News Publication
"I rise to bring to the attention of all Honourable Membersof the Legislative Assembly a matter which puts at risk freedomof speech, freedom of information and constitutes a serious trespasson Caymanians right to know.

That matter has to do with the National Team Government's impositionof the twenty per cent tax on the Cayman Net News publication.According to an editorial in the Thursday June 8 to WednesdayJune 14, 2000 issue:
"After publishing ten issues of Cayman Net News weekly newspaperaswell as three earlier monthly editions of the Cayman Islands Businessand Tourism News, the publishers are suddenly faced with a rulingby the Collector of Customs that their publication is now subjectto duty."
The Cayman Net News publication is of recent establishment andpresents an alternative view to the other newspaper which hithertoheld a monopoly on news and certain advertisements in the CaymanIslands.

In a society where literacy, freedom of speech, freedom of informationand an informed public should be widely encouraged as pillarsof democracy, one would have thought that another newspaper wouldhave been welcome. However, as has often been the case, the Governmenthas attempted to shoot the messenger because it does not likethe message.

Taxing a newspaper with local content, while allowing in dutyfree at least one similar publication in the form of the CaymanIslands Community and Christian News (CICCN) as well as a significantnumber of foreign newspapers, smacks of incoherence, flawed logicand plain senselessness.

Taxing the Cayman Net News publication must be seen as a politicalact to stifle a medium which the Government obviously views asa threat. That this is so is borne out by the fact that certainMinisters in the present National team Government are remnantsfrom a past Government which first imposed such undemocratic sanctionsto avoid criticism.

The outside world must know what is happening in the Cayman Islandsduring an election year when an educated and informed electorateis the only guarantee to a continued democratic society.

Regrettably, there has been a reticence, if not reluctance byother media houses to close ranks and register their concernswith this serious trespass to one of the fundamental freedomsof democracy.

There are those who would explain this reticence and reluctanceas self serving and one can quite reasonably ask how can an ambiguityin the Customs Tariff Law (1999 Revision) Section X be allowedto deny Caymanians their right to know.

The Government should remove this spiteful, speech suppressingand freedom stifling tax forthwith and encourage more media toinform and educate the Caymanian populace in this most crucialelection year.
To those who by their silence on this issue seem to be smug andapathetic, I leave this poem by Pastor Niemoeller, a victim ofNazi holocaust.

"Firstthey came for the Jews and I did not speak out because I was nota Jew. Then they came for the communists and I did not speak out-becauseI was not a communist.Then they came for the trade unionists andI did not speak out because I was not a trade unionist Then theycame for me and there was no one left to speak out for me!"

Honourable colleagues of the LegislativeAssembly if we are serious about freedom of speech, freedom ofinformation, transparency and accountability, we must remove thispunitive tax and amend the law so as to avoid future recurrences.

If we care for our people we must allow them to have access tothe viewpoints offered in the Cayman Net News publication. Totax the publication out of existence is not only a strike againstthe publisher, it is a threat to one of our most fundamental offreedoms.

This assault on the ability of Caymanians to be informed, thisassault on transparency and accountability by the National TeamGovernment is far more representative of the routine than it isan aberration. Those seeking explanations can find lessons inthis case, for it speaks with an obscene eloquence.

I conclude this statement by remarking as did Edmund Burke manyyears ago:

'All that is necessary for the triumph of evil, is for men ofgoodwill to do nothing.' "

Others speaking to Mr. Bodden's statement were MLA McKeeva Bushfrom West Bay, who concurred with the remarks made by Mr. Bodden.Executive Council Members, the Hon. Thomas Jefferson and the FinancialSecretary, Hon. George McCarthy also spoke on the issue.
As reported by Radio Cayman, the Caymanian Compass and CaymanNet News last week, Government has now instructed the Collectorof Customs to allow Cayman Net News to be imported duty free -as is the case of all other newspapers - and the duty paid todate, be refunded.
According to the Financial Secretary, Hon. George McCarthy- underwhose portfolio the Customs Department falls - an amendment ofthis section of the law with punitive duty is to being taken tothe Legislative Assembly for amendment.

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