new broadcast regulations for radio. Among the measures contained in the legislation are requirements that callers to talk shows give their names and addresses, talk shows use a seven-second tape delay and that tobacco advertisements are completely banned.

Mr. Julian Hall (PLP) said there is "a proliferation of UBP supporters'' who are Broadcast Commissioners and he was disturbed that "the so-called independent'' chairman Mrs. Louise Jackson was "so critical'' of Opposition observations about the broadcasting changes when UBP Ministers and Parliamentarians remained silent on the issue.

Mr. Hall stressed that he supported the notion of a four or seven-second delay, but did not support the recording of callers' names, addresses and telephone numbers.

And he questioned what will happen if a person does not have a telephone.

"The way the legislation is worded, this will not permit someone without a telephone to be on the air,'' he said, adding that there could be talk show topics (about physical abuse of wives, gays, drugs) in which a caller may not want to give his or her name out of fear of the repercussions in Bermuda's "massively intolerant society''.

Mr. Hall said there are all kinds of reasons why callers may not want to reveal their identity.

And he said no-one will believe that the caller information given to stations will remain confidential.

"I can tell of a myriad of leaks of confidential information even from Government departments,'' Mr. Hall said. "So if you're going to have leaks of private information coming out of Government departments, what chance will information provided to broadcasting stations have?'' Mr. Hall said the Minister under the Broadcasting Commissioners Act already has the power to give general direction to Commissioners to provide him with information.

"So what is to stop the Minister from giving direction to broadcasting commissioners that they provide him, on a monthly basis, with the name, addresses and phone numbers of callers?'' he asked.

Mr. Hall also questioned what broadcast commissioner would challenge the Minister, adding that they have not demonstrated political independence.

"They serve well the United Bermuda Party's interest and so does most of the media,'' he said. "But the one kind (of media) that cannot is the live/spontaneous broadcasting. That is why this legislation is being brought forward -- to put more fetters on the quality of broadcasting.'' Mr. Hall said he had problems with a clause in the bill that would give broadcasters and commissioners "prior restraint'' or the right to review any programme that is believed to contain any offensive or "otherwise undesirable'' matter before it is broadcasted.

He said this led to the question of what is considered "offensive''.

And Mr. Hall asked the Minister to define what "otherwise undesirable'' meant.

He noted that the Supreme Court had ruled no person or authority, other than in rare circumstances such as to restrain breach of confidence or contempt of court, has the power to prior restraint.

Mr. Hall also noted that under clause five of the Act, the Commission could have access to every sound broadcast, including the names, addresses, and phone numbers of callers and it could supply such information to the Minister.

"So we have a direct line to the political body fabric to the Minister,'' he said, "so there is some justifiable fear to this.'' But Mr. Hall urged the public not to allow themselves to be intimidated by the new measures.

"I would say you have nothing to fear but the fear itself,'' he said. "Give your name, address and telephone number and still speak your mind.

"The UBP is at best a paper tiger without even dentures -- a party that is long past itself by date.'' Mr. Hall also had sharp words for all MPs who have spoken out against alcohol advertisements.

"If this community decides to make alcohol illegal, I will accept that,'' he said. "But I think it is time to stop being hypocritical about this. It's getting on my nerves -- some of you who have just come from a liquid lunch, talking about the evils of alcohol.'' Mr. Hall said based on a sample of statistics he has seen, alcohol was the product with the most significant effect on the bottom line of the local advertising industry.

And he said he was amused that beers and wines were not included in the proposed ban on alcohol and tobacco television advertisements between 6 a.m.

and 9 p.m.

"Why is this?'' he asked. "Is there any suggestion that beers and wines when abused are less dangerous than spirits?'' Instead of worrying about the changes proposed, Mr. Hall said "real changes'' in political broadcasting were needed to gain a greater amount of balance.

The Hon. John Stubbs (UBP) said he agreed with Mr. Hall that people should continue to "speak up''.

"Freedom of speech is a foundation of our liberal democracy,'' he said.

"That and the secret ballot are bulwarks of the Constitution.

"But the greatest threat to freedom of speech is the abuse of that freedom.'' Dr. Stubbs said he stopped listening to certain talk shows because he was tired of hearing people frequently "mouthing off and propagating blatant untruths''.

He said the new measures will "nudge people in the direction of being sure of their facts before making wild accusations over the airwaves''.

And he encouraged stations not to receive calls from pay phones.

"This will reduce their potential liability, if they follow that rule,'' he said.

Dr. Stubbs said he was also concerned about paid political advertisements.

He said the Commission seemed to be "asleep at the switch'' during the airing of this year's Black Achievement Awards.

He said while the event was a worthy one, it was full of PLP advertising.

Tourism Minister the Hon. C.V. (Jim) Woolridge said he was surprised that the changes generated such interest and opposition.

"The easiest way for evil to prevail over good is for good men to do nothing,'' he said. "We are aiming to protect the general populace, stations, and I think it is timely to put on the books before the election.'' Mr. Woolridge said it was not unusual for people to become emotional about an issue and say something that they later regret.

"I'm on the radio for ten hours at a time,'' said the well-known cricket commentator. "I'm aware that one word spoken cannot be retracted. But there are others who are not as disciplined.

"What the United Bermuda Party is doing is trying to protect everyone.'' Noting that as a radio commentator he will also be affected by aspects of the bill dealing with tobacco and beer advertisements, Mr. Woolridge said: "We cannot send mixed signals out to our young people''.

Mr. Stuart Hayward (Ind) said he agreed with Mr. Woolridge on his opening statement that "the easiest way for evil to prevail over good is for good men to do nothing''.

"If good men and women did not speak out about this legislation, then evil might prevail,'' he said, "because in some way I consider this legislation to be evil''.

Noting the seven-second delay began to be used at ZBM when he worked there as a talk show host, Mr. Hayward said such an operation caused nothing but difficulty.

Unless radio stations have "very high-faluting, new equipment'' the process of operating seven-second delay is almost beyond the person hosting the show -- particularly if it is a lively show, he stressed.

Describing that operation as very complex, Mr. Hayward said it would require at least two people -- the host and an operator -- to work successfully.

This would place a burden on stations when they are already hurting financially.

Noting that ZBM has a four-second delay and the seven-second delay is arbitrary, Mr. Hayward questioned the need for the legislation.

Broadcasting commissioners already have to power to influence what goes on the airwaves, he said.

"Why is this redundant?'' he asked. "Why are we putting in the law something that requires the stations to have a delay when such a delay is not necessarily going to prevent what you are proposing this change for?'' Mr. Hayward also pointed out there was no protection for callers who are discriminated against and no Freedom of Information Act.

He said some people get on the radio and speak untruths as Dr. Stubbs claimed because they do not have access to correct information.

"Where is the push for more information?'' he asked, adding that the Tumim and Archbald reports referred to the difficulty people have in Bermuda in getting access to information.

Calling the bill a "blanket piece of regulations on which the screws are being tightened,'' Mr. Hayward said: "Instead of promoting freedom of expression, I'm certain that this regulation will suppress freedom of expression and will intimidate people and stifle such discussion, particularly political discussion.'' Not only did the Minister appoint the Broadcast Commissioners, but he could give them policy directions. So for Dr. Saul to suggest the Commissioners are objective is "ludicrous,'' Mr. Hayward said.

And with only three Commissioners required for a quorum, as few as two people "could determine what comes over the airwaves, or, more to the point, what does not come over the airwaves''.

There is no requirement to state names, addresses, and telephone numbers when speaking on radio in the United Kingdom or America, he said.

Demanding such information will "introduce a bogeyman flavour to public discussion'' and make people afraid, he said.

Mr. Hayward asked why beer and wine were excluded from the advertising restrictions on alcohol, since they are "no less a danger than hard spirits''.

Near the end of his hour-long speech, Mr. Hayward charged voters were intimidated by an MP. Speaker of the House the Hon. David Wilkinson forced him to withdraw the remark.

Health and Social Services Minister the Hon. Quinton Edness then rose and said Mr. Hayward had just "given us the very best example of why you need to have these kinds of controls in broadcasting...to protect the public.'' Politicians have "poisonous things'' said about them regularly and "have to take it,'' but Broadcast Commissioners have received complaints from average citizens attacked on the air, he said.

If the broadcaster has no transcript or record of the caller's name, "the very thing that is needed to take it to a court of law is lost''. Even if a case can be made with the help of others who heard the broadcast, the station can be sued but the caller who made the comment cannot, he said.

The prior restraint clause -- which allows Commissioners to stop a broadcast in advance -- was needed because Commissioners are "the defenders of public decency.'' The clause had been in the Act for many years and there was no history of abuse.

"We say there has been,'' Mr. Hall shouted.

"I think the worst thing that any Country could possibly have is censorship...unless you are protecting people from injuring others, or you are protecting public decency,'' Mr. Edness said.

He said the regulations on alcohol ads followed North American practice. Most of Bermuda's radio and TV came from America, so if we wanted to continue showing the programmes we almost had to continue with beer and wine ads. The commissioners had been working with the stations on alcohol ads and this legislation was just putting the practice into the regulations.

"Excessive'' consumption would be warned against, but he understood that a small amount of alcohol could in some instances be beneficial.

Although there would be a ban on tobacco ads, special permission could be given when there was demand to see a sports event with the name of a cigarette firm in its title.

On the seven-second delay, he said other countries might not insist on it by law but they spelt out what would happen to stations if they didn't protect the public.

On the subject of taking callers' names, addresses and phone numbers, he said Mr. Ric Richardson's TV show "News and Views'' already did this. But the commissioners had had difficulties.

"I don't want to go into the details of the difficulties but they have not got all of the radio and TV stations to do all that is required in their judgement to protect the public interest.'' A record of a caller's name was essential if someone had been damaged on air and wanted to start a case.

Newspapers were not so regulated as broadcasters because if they printed something damaging there was a printed record.

Mr. Larry Burchall of "The Bermuda Times'' wrote "poisonously'' about him, he said.

As Mr. Burchall worked for Times founder Dr. Ewart Brown, who was running for election in Warwick West, what conclusion was he supposed to draw? Asked if Mr. Burchall's articles were true, Mr. Edness said: "Most of it is untrue.'' He also accused Independent MP Mr. Stuart Hayward of using "innuendo''. He said he had taken Mr. Hayward's articles to a lawyer more than once.

Referring to a statement by Mr. Hayward that was later withdrawn, he added: "That's the kind of defamatory comment that the Honourable Member Stuart Hayward is used to, and he does it all the time.

"We know his game. We know the letter-writing that goes out on his behalf and we know the things that are written. He knows that we know and he had better be careful.'' Mr. Edness said he heard people injured when he listened to radio. "It's a poisonous, insidious ill, and these regulations are attempting to protect against it.'' Malicious people in the community have started rumours which have destroyed the reputations of wonderful people, he said.

He defended the independence of the commission, saying chairwoman Mrs. Louise Jackson would refuse to do something if Government told her to do it and she didn't want to.

It was a fundamental job of Government to protect the public interest, and if commissioners disagreed with the Telecommunications Minister they could resign and create a public issue. No Minister in his right mind would ask them to do anything untoward.

Mr. Eugene Blakeney (PLP) said when he read the regulations the Shirley Dill show came to his mind along with the thought that they were another way of stymying free speech. As usual, Bermudians would be a little afraid to vent frustrations.

Government should be using such shows as a sounding board and guide on how to alleviate problems, he said.

He wondered if the new rules on asking for funds on air would affect telethons.

And he felt the seven-second delay would make other regulations, like those on giving names, unnecessary.

Bermuda was over-regulated, and if newspapers could operate under a policy rather than by regulations, why couldn't radio? If VSB wasn't using the seven-second delay -- as some members suggested -- then they should be responsible for any legal action. Listeners could record shows themselves and sue, he added.

There was no need for the regulations because no cases of people being defamed had been heard of, he said.

"It would seem that this act is just another form of censorship. We can only assume that what is here today is not so much what the Commissioners want but what Government wants, even though they have tried to fob it off on the commission.'' Opposition Leader Mr. Frederick Wade wondered if the rules on asking for funds would apply to churches. If they had to become registered charities that might mean more red tape and expense for them.

Clarifying PLP policy on Government boards, he said the party took part in the ones that were "above politics''. But it would foolish for a PLP spokesman to be on a board that advised Government.

The Hon. Ann Cartwright De Couto said if she was slandered on radio she would want to sue the person speaking, not the station. That was why names were needed.

A seven-second delay did not give radio stations the time to check statements with a lawyer, as newspapers could before publication. Often, the defamatory sting was in the tail of a long statement.

She was saddened to hear the commissioners, whom she described as people of integrity and excellent reputations, as "UBP lackeys'' or "Pavlovian dogs''.

It was easy to agree on what was "undesirable'', she said. This included pornography and the promotion of criminal acts.

Allegations about trying to stop free speech were "poppycock''.

There was a difference between political disagreement and defamation, she said. During the fish pot ban controversy her stand was maligned in "electrified terms'', but she was not aware of any slander.

Mr. Walter Lister (PLP) said Government was once again trying to protect business with legislation.

He added: "We're so over-legislated in this community it's very sad.'' Mrs.

Lois Browne Evans (PLP) noted the timing of the regulations -- "as we understand something may be imminent at the end of this House session''.

Government had not seen fit to introduce them before, she said, and there had been no "hue and cry'' from the commissioners about how they'd been waiting for them.

"I want to know why the urgency? It's a justifiable assumption that it's electioneering or preparation for an election.'' The UBP wanted to stay in power and would do it by "stacking the decks'', she added, going on to condemn restrictions on election campaigning.

Police had been used to pull down PLP posters. "Bermuda doesn't even look like it's having an election when an election is taking place.'' Delegated Affairs Minister the Hon. Sir John Sharpe deplored the way commissioners had been "maligned'' in the House. They were people of intelligence and integrity and their political inclinations would not affect their judgement.

"I know that these particular regulations have been under discussion for many years. That they're here now is nothing to do with the prospect of a general election. It has everything to do with the fact that they had completed their deliberations, passed them to Government and asked them to take it to the Parliament.'' There was no intention to inhibit freedom of speech, and he encouraged people to call phone-in shows. "People will continue to call up. They can say what they like, but the taking of their names and addresses simply makes them accountable should they defame someone.'' A well-known person felt he was defamed on air some years ago, he said. But when he went to the radio station no tapes had been saved and no name had been kept, and he could not take legal action. The "ugly, malicious comment'' was left hanging in the air.

Only someone feeling the slander would be able to determine it.

Winding up the debate, Finance Minister the Hon. David Saul confirmed churches would have to be registered charities if they wanted to ask for cash over the air. This was a requirement of charity law, and it was a simple process to register.

On slander, he said there was a "clear history'' of this being a problem. The regulations were not overkill -- they protected the majority.

He ridiculed those who described the rules as "evil'', and mocked Mr. Walter Lister for suggesting they protected business. The radio stations might say they would lose business, and alcohol and tobacco firms might agree. The radio regulations were passed on a 20-14 vote.