Broadcasting Commission Pushes To Criminalize Payola

The Broadcasting Commission of Jamaica (BCJ), regulatory body of electronic media, says recommendations are now before the government to make payola a criminal offence. Payola is the act of paying disc jockeys for airplay.

In an interview, Professor Hopeton Dunn, chairman of the BCJ, said penalties include custodial sentences.

"Stiff penalties in fines and custodial sentences have been proposed after consultation with the media, music industry leaders and with international stakeholders. The BCJ is aware that government is now engaged in active consideration of the necessary drafting instructions in order to present legislation to parliament on the subject, as recommended," he said.

According to Dunn, this initiative is gaining momentum with strong support from sections of the media and music industry, including the Jamaica Reggae Industry Association (JaRIA).

"These stakeholders have come out strongly in support of the firm position of the Broadcasting Commission against payola," said Dunn.

Some of the recommendations are: radio stations must establish a mechanism to receive and evaluate submissions and provide objective vetting of all music before airplay; the amendment will make playlists mandatory and collection agencies will have a right to see playlists; all electronic media will pay royalties as a condition of their broadcast license; and, disc jockeys will no longer be able to play their own music on their programmes.

Dunn admits that catching persons in the act will not be easy.

"But from what we are experiencing now, it would seem that people being affected by, or who are aware of this kind of illicit business, are prepared to talk under certain conditions, which we will help to foster," Dunn said.

"We will also look to both the pending Whistle-blower legislation and the Proceeds of Crime legislation to assist in the detection and prosecution of offenders."

In its campaign to build public awareness about payola, the commission, in tandem with other stakeholders, have held several seminars. Dunn said he intends to continue the process through a comprehensive campaign on radio, television as well as in print and social media. Earlier this week, he hosted a meeting with over 25 emerging artistes and producers. Many complained about lack of airplay.

"As new or young artistes they want to also be heard with a different sound or lyrical content from the themes and sounds often played repeatedly on the many stations," dunn said.

Charles Campbell, vice chairman and executive director of JaRIA, said he is satisfied with the BCJ move and expressed optimism that the recommendations will be approved.