Government has defended its controversial media council bill, claiming it is a "bit of a red herring" whether such a regulatory body is enshrined in law or not.

Premier Ewart Brown, the Minister responsible for the proposed legislation, did not comment on it again yesterday — despite a second international organisation releasing a statement suggesting it be shelved (see separate story).

But a Government spokesman, who would not be named, issued a lengthy rebuttal of some of the criticism directed at the Media Council Act 2010.

The bill would pave the way for a council made up of a majority of members appointed after consultation with the Premier. It would establish a code of practice for the media and deal with complaints, as well as having the power to ban publication of certain material.

The spokesman claimed that much of the censure had come from a "US perspective", adding that Governor Sir Richard Gozney was in a better position to determine whether the council would be independent.

The spokesman, referring to the International Press Institute's condemnation of the bill on Monday, said: "While the IPI is a world organisation based in Vienna, I suspect that the spokesman, David Dadge, may be American."

He said Bermuda's bill, in line with a request from local media, was modelled on the Press Complaints Commission (PCC) in the UK, a voluntary, non-legislated body. Government also looked at the Press Council of Ireland, which has statutory requirements.

"The appointments in the UK and Ireland contain a similar balance of membership, whereby non-media representatives are in the majority," said the spokesman.

"The issue of independence therefore boils down to a simple one of whether an appointment by the Governor (after consultation with the Premier, who in turn consults with the Opposition leader) can be termed independent.

"The Governor answered that yesterday, I think. He, as the representative of the UK Government, I think is in a better position to judge whether appointments are independent in the context of the Bermuda Constitution and the British system of government than American 'experts' citing the First Amendment."

Sir Richard told The Royal Gazette last week that the fact that he would consult the Premier, who would have consulted the Opposition leader, on appointments to the council was "important and can significantly influence the composition".

Mr. Dadge, who is British, said in an editorial published yesterday: "Even a casual review of [the PCC's] powers show that its most powerful sanction is the ability to issue a critical statement.

"That's light years from the draconian ability to prevent a media organisation from publishing or broadcasting. It gives the council [in Bermuda] broad injunctive powers with the administration of justice nowhere in sight."

The Government spokesman said he thought the council "could make a prohibition for a limited period only, if they chose to do so". He added: "If necessary, an amendment to provide this could be drafted 'for the avoidance of doubt'."

Other international criticism of the bill has come from William Gore, public affairs director of the British PCC; London-based Lindsay Ross, consultant to the CPU (Commonwealth Press Union) Media Trust; Canadian human rights lawyer Toby Mendel; and Lucy Dalglish, from the US-based Reporters Committee for Freedom of the Press.

Mr. Mendel said: "The council lacks independence from Government, as required under international law."

The Government spokesman said: "The non-media members are not appointed by the Governor on the recommendation of the Premier. They are appointed by the Governor after consultation with the Premier, who shall first have consulted with the Opposition leader. That is an important difference.

"This is no different from many other appointments to offices that by their nature require independence, such as members of the Public Service Commission and the Ombudsman."

He added: "The main thrust of the criticism seems to be that the council has been made statutory and that it contains a majority of members appointed on the recommendation of the Government.

"The question of whether it is constituted by statute or not is a bit of a red herring. It is the manner of appointment and the functions of the council that are important."