Garth Rattray | Noise Abatement Act protects citizens

The article, ‘Noise Abatement Act restricts music being turned into money – Industry insider’, was published in The Gleaner on April 26. It promulgated the opinions of Donovan ‘JR’ Watkis, a marketing consultant and entertainment industry insider. Mr Watkis proposed that the Noise Abatement Act has been oppressing Jamaica’s reggae and dancehall music, and that rescinding, reshaping and re-tabling the act would allow those genres (and associated culture) to generate greater revenue.

Mr Watkis stated, “… even with the law in place, the music and culture have proven their strength and potential to be translated into greater revenue”. He also claimed that, “Without that oppressive law, the music will survive even more, [but once in place], you can always use it to shut down a dance.”. Mr Watkis intimated that the act selectively targets dancehall and reggae music. He repeatedly bemoaned the shutting off of dances, even community dances, and that larger Jamaica Festival events were allowed to continue beyond the specified time limits. He also complained that events were being shut down despite obtaining the requisite permits.

I empathise with the need for event organisers, artistes, musicians, support entities, and several other people to make a living. However, permits to hold events do not give them permission to disturb and distress others so that they can make a living. The Noise Abatement Act protects citizens because noise and insomnia are very harmful to our bodies. Without the act, it would be live and let die.

Part of the act states: “No person shall, on any private premises or in any public place at any time of day or night – (a) sing, or sound or play upon any musical or noisy instrument; or (b) operate, or permit or cause to be operated, any loudspeaker, microphone or any other device for the amplification of sound, in such a manner that the sound is audible beyond a distance of one hundred metres from the source of such sound and is reasonably capable of causing annoyance to persons in the vicinity”.

The Act goes on to treat specifically with specially restricted environments, and then it outlines time limitations. “The periods referred to in subsection (1) are (a) 2 o’clock and 6 o’clock in the morning on a Saturday or Sunday; and (b) midnight on a Sunday, Monday, Tuesday, Wednesday or Thursday and 6 o’clock in the following morning.” Those time restrictions were intended to give citizens the opportunity to rest during the work and school week.

NOISE IS HARMFUL

Noise is very harmful, and many are more susceptible than others. The curfews and lockdowns, during our COVID-19 response, were welcomed by many citizens who were being regularly assailed by loud music and noises. But that phase is over, and many are literally dreading the return of the bane of their existence, because, although ‘the authorities’ shut down some violators, more often than not, the noise goes on unabated.

Sometimes I wish that someone would subject the producers/organisers, club operators, and DJs to loud sound system noises when they are seeking peace and quiet at their homes, are attempting to concentrate on something, or trying to rest or sleep.

Many children within underprivileged communities are handicapped by a violent environment, bad parenting, abuse of all kinds and from several quarters, paucity of amenities, iffy Internet capabilities, inability to afford all the extra lessons needed to compete with the more fortunate children, poor nutrition, and too much noise to study and to rest. Contrary to popular belief, no one can multitask. We focus on one thing and then on the other, and neither gets our full attention. The five steps to memorising anything (studying) begins with focusing – loud noises prevent that. The fourth step, retention, requires proper sleep – loud noises also prevent that. We know that children who lack sleep do not grow as well, or perform as well (physically and mentally) when compared to children that get proper sleep.

The effects of loud noise include: inability to concentrate, memory problems, irritability (a violent propensity), anxiety, depression, mood swings (some may turn to recreational drugs to ‘treat’ this), school and/or work problems, and therefore increased violence in society.

SLEEP DEPRIVATION

The effects of sleep deprivation include: excessive sleepiness, daytime fatigue… causing slow reaction times, poor judgement (akin to ‘driving under the influence’), irritability, impulsive behaviour, anxiety, depression/suicidal thoughts, paranoia, violence. It can also lead to hypertension, diabetes, heart attacks, strokes, weight control problems, decreased cognition, memory loss, weakened immune system, lower fertility rates and a possibility of psychiatric disorders. Knowing all of this, the term ‘dying to sleep’ takes on a new meaning.

The Jamaican Constitution seeks to protect us in many ways, including by these phrases concerning the rights of citizens – “… the right to enjoy a healthy and productive environment…” and “… respect for and protection of private and family life, and privacy of the home”. The World Health Organization declared this about health – “A state of complete physical, mental and social well-being and not merely the absence of disease or infirmity.” Invasive noise and resultant insomnia rob us of complete physical, mental and social well-being AND they cause infirmity.

Clubs, dancehalls, parties, and the revenue they generate are fine; but we cannot continue flouting the law, ignoring our Constitution, disrespecting and sacrificing the health and lives of our citizens on the altar of ‘entertainment’. Noisy and all-night events should require special zones, away from populace.

Garth A. Rattray is a medical doctor with a family practice. Send feedback to columns@gleanerjm.com and garthrattray@gmail.com.