The controversial decision of the island's two main television stations, not to air a commercial, promoting tolerance towards homosexuals, is now being challenged before the constitutional court.
A three member panel on Monday began hearing submissions in the constitutional action brought by attorney at law and gay rights advocate Maurice Tomlinson who argued that the airing of a public advertisement with public interest content can be fairly described as a public function by the television stations.
He said their broadcasting licences places an obligation on them to operate their television stations in the public interest.
According to the attorney, it is in the public interest that men who have sex with men and homosexuals such are free to receive and distribute information about themselves so there can be greater societal understanding of the cause and appropriate responses to homosexuality.
He added that the dissemination of the information also combat the deleterious impact of homophobia, especially on the national HIV responses.
The attorneys contend that section 13 (three) of the Charter of Rights Act guarantees the right of freedom of speech and that subsection 3 (D) protects a more specific right to free speech in the media by giving him the right to distribute and disseminate information/opinion and ideas through any media including television.
He said the court should order the television stations to air the advertisement and award damages in the matter.
All feeds
