Lawyers have raised fears that Government's media council bill could undermine the freedom of the press and be unconstitutional, with one describing it as a "dangerous and destructive piece of legislation".

Tim Marshall, Warren Cabral, Paul Harshaw and John Barritt, the latter an Opposition MP, say they have concerns about plans for a statutory regulatory body with the power to ban publication or broadcast of material.

Premier Ewart Brown tabled the Media Council Act 2010 in the House of Assembly on May 7 with a promise that it would help to ensure "journalistic integrity, accuracy and accountability".

The council — made up of a majority of members appointed after consultation with the Premier — would draw up a code of conduct for the media and deal with complaints.

Mr. Marshall claimed: "The proposed 'censorship legislation', in my mind, it simply adds to this feeling of profound disillusionment that I think many Bermudians are feeling towards the state of the Country.

"My real worry is that so many Bermudians are tired and exhausted with how politicians conduct themselves that they are not going to speak out against this dangerous and destructive legislation."

The senior partner at Marshall, Diel and Myers, who specialises in media and constitutional law, said the composition of the council was unacceptable.

"Remember, this legislation is introduced by a Premier who has been the subject of numerous media stories that didn't always paint him in a favourable light. This legislation is being introduced by an individual who has significant power and influence to attempt to silence his critics.

"So when he puts forward a piece of legislation that creates this committee, where the majority of appointees are coming from the Premier and where there is no prohibition against loyalists of the party being appointed to those positions, then you see that this committee has the greatest chance of producing the greatest disharmony to and erosion of the freedom of the press."

Mr. Barritt, former editor of Bermuda Sun and now a consultant at Mello Jones and Martin, said: "I find the Act repugnant. I speak not only as an MP but as a former journalist.

"It was ingrained in me to always be very leery of any attempt by government to influence the press."

The UBP MP said he embraced the need for a media council but believed it ought to be self-regulating. "What makes it directly political in my view is the way that appointments are made."

The fact that the Premier would consult with the Opposition leader, he said, made it no more palatable.

"I don't think there should be any political appointments," he added.

Mr. Harshaw said section 15 of the bill which gives the council the power to ban publication or broadcast of anything that is the subject of an upheld complaint — appeared at first blush to be a "gag clause".

But he added: "On second thought, it is probably not going to be as effective as the drafting of the bill suggests. All domestic law is subject to the qualification that it cannot detract from the Bermuda Constitution and protection of freedom of expression is enshrined in our Constitution."

The Harshaw & Co attorney said funding of the council could be a major issue, with costs, including the salary for an executive officer, a website and, presumably, office space.

"All of this can easily amount to more than $100,000 per year in expenses, which must be funded by the small number of media outlets in Bermuda on a basis which has not been established," he said.

"Ten media outlets are identified in the schedule to the bill, so all else being equal, each of those ten media outlets may expect to pay $10,000 per year or more to fund the media council."

London-based Appleby partner Mr. Cabral said: "Although the proposed bill seeks to mirror the UK Press Complaints Commission to some extent, the bill differs from the UK PCC and could somewhat be deemed detrimental in the sense that being a creature of statute it is possible that the freedom of the press could be undermined.

"This is evident in the immense role the Government will play in appointing the majority of the members (compared to the PCC, which has an independent commission to deal with appointments) and also the power of the council and not industry members to prepare a code of practice."