it would breach broadcasting regulations in the run-up to the August 15 referendum. he is seeking legal advice and may challenge the Broadcasting Commissioners for the right to air it.

"It's very shortsighted of them,'' Mr. Harvey told The Royal Gazette yesterday. The song, which features the words, "Raise your hands if you want to be free,'' and mentions the Premier and several Cabinet Ministers by name, was "never intended to persuade anybody one way or the other''.

"We just want to get people to lighten up about the whole event.'' Mr. Harvey, who is executive vice-president of the Bermuda Hotel Association, said the compact disc was recorded in Tobago, where Bermuda hotelier Mr. John Jefferis was working at a hotel. Mr. Jefferis co-wrote the "jumpy tune'' along with Mr. Harvey and Mr. Sheldon Nugget.

It was inspired by headlines in The Royal Gazette , he said.

Mr. Delano Ingham, operations manager at ZBM Radio, said the song was pulled from the airwaves at his station on Wednesday after "someone drew it to our attention'' that it was a political broadcast under the broadcasting regulations in the lead-up to the referendum.

Mr. Ingham, who understood the song had also been played on VSB Radio, said he did not check with the Broadcasting Commissioners before taking the song off the air.

Earlier, commissioners ruled that anti-Independence songs recorded by Um Um Productions could only be aired on radio if they were paid for and included a political disclaimer.

Mr. John White, creative director at Um Um, said those songs too were intended to "lighten the whole thing up''.

But if Um Um had to follow the rules, Mr. Harvey should have to as well, he said.

Mr. Harvey said all the songs should be played on radio at no charge.