Tension is growing at the embattled off-band section 40 station in Wagin as the looming release of more information tomorrow by the ABA threatens to damage the business.
General Manager Sherryl Chilcott wrote to the ABA this week, saying:
“Further to the Australian Broadcasting Authority decision reached on 20th, November 2003. Cybervale Pty Ltd requests that the ABA does not publish any more information regarding this decision or reasons for the decision, as the publication of information so far has been detrimental to Cybervale Pty Ltd and all those persons involved…
The majority of the reasons for the decision made on the 20th November 2003 by the ABA, contained in the report letter from Mr James Phillips, Manager Industry Performance is based on incorrect information and could therefore be deemed defamatory and slanderous if publicly released.
· Cybervale Pty Ltd is a Company with one beneficial shareholder, Leon Antonio.
· Cybervale Pty Ltd is a Company with one General Manager, Sherryl Chilcott.
· Great Southern Broadcasters Radio 6GS Pty Ltd was a separate company with separate Company interests.
· Leon Antonio is the only person who is able to control broadcast licences on behalf of Cybervale Pty Ltd as its only beneficial shareholder.
· The business history of Great Southern Broadcasters Radio 6GS Pty Ltd is absolutely nothing to do with the business history of Cybervale Pty Ltd.
All of this information in a more detailed format was supplied to the ABA in a submission from Cybervale Pty Ltd, received by The ABA on 9th, October 2003.
This submission followed a letter from the ABA dated 11th, September 2003 from Andrea Malone, Acting Director Industry Performance and Review Branch, ABA. Although confirmation of this information being received by the ABA was not sent to Cybervale Pty Ltd until the 7th, November 2003.
This submission was completely truthful and candid but, it did not appear to be taken into consideration when the ABA reached its decision on 20th November 2003.
The report letter sent to Ms Sherryl Chilcott General Manager of Cybervale Pty Ltd from Mr James Phillips, Manager Industry Performance, dated 21st, November 2003 contains a large amount of personal and Company information about Great Southern Broadcasters Radio 6GS Pty Ltd.
· Has the ABA notified the directors of Great Southern Broadcasters Radio 6GS Pty Ltd of that Companies inclusion in The Cybervale Pty Ltd report letter and subsequent release of the contents of this report?
· If the ABA releases information pertaining to Great Southern Broadcasters Radio 6GS Pty Ltd and persons involved with that Company without giving representatives of persons involved in that Company up to 30 days to comment on content, would this not be also a breach of Section 180 of The Broadcast Services Act? …
The ripple effect from the ABA publication of their decision so far is huge. Should the ABA choose to publish a more detailed report on or after the 19th, December 2003, the damage to all persons involved will be horrendous, possibly irreparable and would be based on incorrect, slanderous and defamatory information.