Opposition Leader and former Prime Minister Dr. Ralph Gonsalves has issued a direct challenge to regulatory authorities and government prosecutors over a cease-and-desist directive issued to STAR FM, declaring that as the sole trustee of the station, any legal action or prosecution must be directed personally at him.
Speaking on his radio program, Gonsalves addressed the mounting legal battle between STAR FM (broadcasting on 98.3 MHz and 104.7 MHz) and the National Telecommunications Regulatory Commission (NTRC).
The regulatory body recently ordered the station to immediately halt transmissions following administrative filing disputes involving the Commerce and Intellectual Property Office (CIPO).
Gonsalves pushed back forcefully against threats of station closure or equipment seizure, asserting that as the governing director and sole trustee holding STAR FM on behalf of the Unity Labour Party (ULP), he bears full legal responsibility.
“You can’t lock up ULP. You can’t lock up a thing called STAR,” Gonsalves stated. “Ralph Everard Gonsalves is that individual. So come for me… send me to the DPP now!”
Gonsalves outlined key statutory limitations governing regulatory enforcement under the Telecommunications Act:
No Physical Seizure Without Court Order: Citing Sections 52 and 53 of the Telecommunications Act, Gonsalves emphasized that NTRC inspectors cannot physically enter premises or seize broadcasting equipment without obtaining a formal court order.
Prosecutorial Jurisdiction Belongs to the DPP: He noted that the NTRC possesses no independent statutory power to impose criminal fines or jail sentences. Any alleged statutory violation must be formally referred to the Director of Public Prosecutions (DPP) to determine whether to file an indictment in the High Court.
Outlining what he described as a four-point legal defense prepared alongside legal counsel Camilo Gonsalves and Graham Bollers, the former prime minister argued that any prosecution by the DPP would fail both on the facts and the law:
Lack of Mens Rea (Criminal Intent): Gonsalves asserted that STAR FM has acted in good faith throughout its 19 years of continuous broadcasting. The station submitted an updated CIPO Certificate of Status confirming that Star Broadcasting Company Limited is a validly existing entity, is not struck off the register, and is not in liquidation.
Failure to Issue Investigation Notice: Under Section 22 of the 2007 Communications Licensing Regulations, the NTRC is required to issue a formal written Investigation Notice prior to issuing an interim cease-and-desist order. Gonsalves revealed that no such notice was ever provided.
Failure to Prove “Serious Harm”: The regulations require interim orders to satisfy cumulative criteria, including proof that continued broadcasting causes “serious harm” to other licensees, consumers, or the general public. Gonsalves argued that broadcasting political commentary and news causes no harm, noting that rival media operators have publicly characterized the regulatory action as anti-democratic.
Ministerial Authority Over License Renewal: Under Section 38 of the Telecommunications Act, only the Minister responsible for telecommunications—not the NTRC—holds the statutory power to suspend, revoke, or refuse to renew a license.
Gonsalves further alleged apparent bias within the regulatory body, pointing out that NTRC Board Chairperson Ben Exat is a former candidate and executive member of the ruling New Democratic Party (NDP) who has frequently been the subject of political criticism on STAR FM broadcasts.
Despite his defiant stance, Gonsalves emphasized that his primary objective remains a lawful and peaceful resolution. He extended an “olive branch” to the NTRC, urging the regulatory board to meet with STAR FM’s legal counsel to draft a joint statement and settle the administrative issue without escalating the matter to civil or criminal court.
Closing down an opposition radio station over minor administrative paperwork, Gonsalves warned, would inflict severe damage on the nation’s international reputation, investment climate, and democratic standing.
