I just saw the article titled 'Digicel withdraws civil claim against Bluesky' regarding the internet issue during the Manu Samoa game last year.
Good on Digicel for not wasting resources on pursuing this issue.
However, despite so much coverage by the media, I am greatly disappointed that the media has missed the real story here.
Do you know that the regulator had no right to issue an order trying to force Bluesky to apologise to Digicel?
That is right - she had absolutely no legal/statutory authority to make that order because the Telecommunications Act only gives the regulator the right to handle regulatory matters.
The matter between Bluesky and Digicel was NOT a regulatory matter so the joke is on the regulator for making a stupid order. Apart from the fact that deciding to make Bluesky apologise was one of the dumbest orders someone could come up with, the regulator orders the parties to give an undertaking not to engage in anti-competitive behaviour.
Hello, the law forbids them to do just that so what will an undertaking achieve?
Obviously, understanding regulation isn't one of her skills - perhaps in addition to driving lessons, she should learn how to do her job properly.
Basically, the Office of the Regulator wasted our hard-earned tax dollars and government time plus resources on investigating commercial matters, which is not part of its duties. As a taxpayer, I would definitely like to know what the reason was behind the regulator's decision.
I suspect that the court case would have revealed that Bluesky and the SRU signed a sponsorship deal for internet services. And in that case, Bluesky was simply protecting its contractual rights.
So while everyone is saying Bluesky did not follow the order to apologise – no one is asking why the regulator stepped into a matter that is of no concern to its duties and why o why would an authority order an apology with no monetary fine or penalty.
I know why - because she had no idea what she was doing!