"The primary source of concern, in this instance, is the way in which the commission investigates a complaint against a licensee, makes a finding and issues sanctions without a broadcaster having a right to be heard by either the full commission or by an independent arbiter," Khoury said.

"Thus, the commission functions as investigating officer, prosecutor, judge and jury in these matters, giving rise to a scenario that opposes natural justice."

On Monday, the commission issued a news release saying that it has taken action against the operator of NewsTalk 93 FM for transmitting derogatory and abusive comments in breach of the law.

The commission said that the comments were made on January 2 by Dr Kingsley 'Ragashanti' Stewart during his talk show Ragashanti Live.

The commission said it investigated the broadcast, which included an extended commentary by Stewart marked by prolonged hostile and abusive remarks about an employee of the University of the West Indies, Mona.

However, Anthony Abrahams, the station's managing director, said the station had met all the commission's requests to make up for the breach.

Yesterday, the MAJ said the fundamental issue in this matter is the question of whether or not the punishment fits the transgression.

"The suspension of a broadcast licence can result in a media entity going out of business much the same as if any other commercial enterprise were forced to close their doors for any period," the MAJ said. "The absence of income but the retention of expenses could lead to an obvious conclusion."

Khoury said that the MAJ will be writing to Minister Grange to ask that "steps are taken to provide that the system be fair and just, as this is the foundation of our democracy".