Brothers and Sisters,
Thank you all for your words of concerns. As we keep
saying, The Gambia Press Union is not asking for any
special treatment from the government but rather equal
treatment under the full force of the law dictated by
the principles of good faith. The Union is not atall
opposed to the setting up of a media commission as
this is a constitutional requirement. What we are
opposed to however is the wording of this bill. As you
can see below, this bill has supremecy over the
constitution under chapter 39, the commission can
receive evidence that is not admissible in ordinary
courts, the members of the commission who are no
judges can fine and even impound the tools of trade of
journalists, and many other repressive clauses.
Enjoying reading it.
> NATIONAL MEDIA COMMISSION BILL 2002
>
> Arrangement of Sections
>
> Section
>
> PART 1 – PRELIMINARY
>
> 16. Short title
> 17. Interpretation
>
> PART II – ESTABLISHMENT AND COMPOSITION OF THE
> NATIONAL MEDIA COMMISSION
>
> 18. Establishment of the National Media Commission
> 19. Membership of the Commission
> 20. Meetings
> 21. Delegation of functions
> 22. No remuneration to members
>
> PART II – FUNCTIONS
>
> 23. Functions
>
> PART IV – MANAGEMENT AND STAFF
>
> 24. Executive Secretary and support staff
>
> PART V – FINANACIAL PROVISIONS
>
> 25. Funds
> 26. Accounts and audit
> 27. Annual reports
>
> PART VI – REGISTRATION
>
> 28. Registration
>
> PART VII – COMPLAINTS
>
> 29. Powers of the Commission in respect of
> complaints
> 30. Power of the Commission to require disclosure of
> source of information
> 31. Lodging complaints
> 32. Procedure and evidence
> 33. Fixing of hearing day
> 34. Hearing in absence of parties
> 35. Re-hearing of case heard in absence
> 36. Witnesses
> 37. Hearing to be in public
> 38. Adjournment of hearing
> 39. Record of proceedings
> 40. Dispensing with certain requirements
> 41. Extension of time
> 42. Exhibits and books to be kept by Secretary
> 43. Withdrawal of complaints
> 44. Orders of the Commission
> 45. Publication of name of media practitioner or
> media
> organisation reprimanded
> 46. Appeals
> 47. Offences
> 48. Use of derogatory language, etc.
> 49. False publication
> 50. Offences by corporations
>
> PART IX – MISCELLANEOUS
>
> 51. Suspension of registration in default of payment
> of penalties, etc.
> 52. Liability of media organisation
> 53. Immunity of Commission staff
> 54. Inconsistency
> 55. Regulations
> 56. Repeal of No. 11 of 1991
>
> NATIONAL ASSEMBLY
>
> A BILL ENTITLED
>
> AN ACT to establish a National Media Commission, to
> regulate the media, provide for a code of conduct
> and
> to ensure the impartiality, independence and
> professionalism of the media and for matters
> connected
> therewith.
>
> ENACTED by the President and the National Assembly.
>
> PART I – PRELIMINARY
>
> 1. This Act may be cited as the National Media
> Commission Act, 2002
>
> 2. In this Act, unless the context otherwise
> requires
> –
>
> "Broadcasting stations" means television and radio
> stations;
> "Chairperson" means the Chairperson of the
> Commission;
>
> "Commission" means the National Media Commission
> established under Section 3;
>
> "Hearing" includes trial;
>
> "Member" means a member of the Commission;
>
> "Media" means all forms of mass communication;
>
> "Media organisation" means an organisation engaged
> in
> transmitting news and information to the public and
> includes a media house, association, club and
> company
> engaged in the business of mass communication;
>
> "Media practitioner" means a person engaged in the
> writing, editing or transmitting of news and
> information to the public and includes the
> proprietor,
> publisher, editor and manager of a newspaper and
> broadcasting station and journalists;
>
> "Newspaper" has the meaning assigned to it in
> Section
> 2 of the Newspaper Act;
>
> "Secretary of State" means the Secretary of State
> responsible for the administration of this Act.
>
>
> PART II – ESTABLISHMENT AND MEMBERSHIP OF THE
> NATIONAL
> MEDIA COMMISSION
>
> 3. (1) There is hereby established a Commission to
> be
> known as the National Media Commission.
> (2) The Commission is a body corporate with
> perpetual
> succession and a common seal and may –
>
> (a) sue and be sued in its corporate
> name;
> (b) enter into contracts and
> acquire,
> hold and dispose of property;
> and
> © so far as is possible for a body
> corporate, exercise the rights, powers and
> privileges
> and incur the liabilities and obligations of a
> natural
> person of full age and capacity.
>
>
> (3) The application of the common seal of the
> Commission shall be authenticated by the signature
> of
> the chairperson or any other person as authorised by
> the Commission to sign on its behalf and every
> document bearing the imprint of the seal of the
> Commission shall be deemed to be properly sealed
> unless the contrary is proved.
>
> 4. (1) The Commission shall have the following
> members
> –
>
> (a) a Chairperson who shall be a professional media
> practitioner not in the employment of the
> government,
> to be appointed by the President;
> (b) the Permanent Secretary of the Department
> responsible for information or his or her nominee;
> (c) one representative of the Gambia Press Union;
> (d) one representative of the Gambia Teachers Union;
> (e) one representative of the Supreme Islamic
> Council;
> (f) one representative of the Gambia Christian
> Council;
> (g) one representative of the Women’s Bureau;
> (h) the Director General of the Gambia Radio and
> Television Services or his or her nominee;
> (i) one representative of the Gambia Bar Association
> and
> (j) the Executive Secretary of the Commission.
>
> (2) The members of the Commission shall elect a
> vice Chairperson from amongst their number.
>
> (3) A member of the Commission shall hold office
> for a term of three years and may be re-appointed
> for
> a second term.
>
> 5. (1) The Commission shall meet at least three
> times
> a year.
>
> (2) The Chairperson may, at any time, and shall, if
> not less than five other members request in writing,
> convene a special meeting of the Commission.
>
> (3) The Chairperson shall preside at all meetings of
> the Commission and in the Chairperson’s absence, the
> Vice Chairperson shall preside and in the absence of
> both, the members present shall appoint one of their
> number to preside.
>
> (4) A decision of the Commission shall be by a
> majority vote of the members present and, in the
> event
> of an equality of votes, the Chairperson has a
> casting
> vote.
>
> (5) The quorum for a meeting of the Commission is
> five
> members.
>
> (6) The Commission may co-opt any person to act as
> an
> adviser at its meeting except that the co-opted
> person
> shall not vote at the meeting.
>
> (7) The validity of a proceeding of the Commission
> shall not be affected by a vacancy in the membership
> or by any defect in the appointment of a member.
>
> Delegation of functions
>
> 6. The Commission may delegate any of its functions
> to
> committees comprising members or non-members of the
> Commission or both.
>
> No Remuneration of members
>
> 7. (1) No remuneration shall be paid to a member in
> respect of membership of the Commission
>
> (2) The Commission may pay an allowance to a member
> to
> cover travel and other expenses incurred in carrying
> out the duties of a member
>
> PART III – FUNCTIONS
>
> Functions
>
> 8. The Commission shall –
>
> (a) ensure the impartiality, professionalism and
> independence of the media;
> (b) maintain a register of media practitioners and
> media organisations;
> (c) provide for a code of conduct for media
> practitioners, and set standards with regard to the
> content and quality of materials for publication or
> broadcast by the media;
> (d) promote the establishment and maintenance of the
> highest journalistic standards in the mass media;
> (e) facilitate the registration of newspapers,
> journals and broadcasting stations, in accordance
> with
> the Constitution of the Republic of The Gambia;
> (f) consider and determine complaints lodged by
> individuals, bodies corporate and un-incorporate,
> against media practitioners and media organisations
> regarding the content of any broadcast, newspaper or
> other information transmitted via the mass media;
> and
> (g) ensure and protect the rights and privileges of
> media practitioners, including media practitioners
> employed by the state, in the execution of their
> professional duties.
>
> PART IV - MANAGEMENT AND STAFF
>
> Executive Secretary and support staff
>
> 9 (1) The Commission shall appoint an Executive
> Secretary who shall be a media practitioner of not
> less than five years standing
>
> (2) The Executive Secretary shall –
>
> (a) be the administrative secretary to the
> Commission
> and carry out any other duties as directed by the
> Commission; and
>
> (b) hold office for a period of five years and may
> be
> re-appointed for such further periods as may be
> determined by the Commission.
>
>
> (3) The Commission may appoint such number of
> staff
> as the Commission may require to carry out its
> functions.
>
> (4) The Commission may delegate to the Executive
> Secretary the power to appoint staff
>
> (5) The Commission shall, with the approval of the
> Public Service Commission, determine the terms and
> conditions of the service of the Executive Secretary
> and staff of the Commission
>
> PART V – FINANCIAL PROVISIONS
>
> Funds
>
> 10. The funds of the Commission shall consist of –
>
> (a) monies appropriated to it by the National
> Assembly;
>
> (b) monies and assets that vest in or accrue
> to
> the Commission;
>
> (c) monies paid to the Commission; and
>
> (d) donations and grants.
>
> 11. (1) The Commission shall keep proper records and
> books of accounts of its income and expenditure.
> (2) The Commission shall prepare in respect of each
> financial year, a
> Statement of accounts.
>
> (3) The accounts of the Commission shall, in respect
> of each financial year, be subject to audit by the
> Auditor General.
>
> (4) The Commission shall ensure that within three
> months from the
> End of each financial year, a statement of accounts
> of
> the Commission for the preceding year is prepared
> and
> submitted to the Auditor General.
>
> (5) The audited accounts of the Commission and the
> Auditor General’s report on those accounts shall
> form
> part of the Auditor General’s overall annual report
> to
> the National Assembly.
>
> (6) The Commission shall, not later than
> three
> months before the end
> of each financial year, prepare
> and
> submit to the Secretary of
> State an estimate of its income and expenditure for
> the next
> Succeeding year.
>
>
>
> Annual Reports
>
> 12. The Commission shall prepare and submit to the
> Secretary of State, not later than 31st December in
> each year, a report on the activities of the
> Commission during the preceding year and the
> Secretary
> of State shall after receiving the report, cause it
> to
> be laid before the National Assembly.
>
>
> PART VI – REGISTRATION
>
> Registration
>
> 13. (1) No person shall, after the commencement of
> this Act, engage in the dissemination of information
> by mass communication unless registered as a media
> practitioner or media organisation, as the case may
> be, in accordance this section.
>
> (2) A media organisation in business at the date of
> commencement of this Act shall, within one month of
> the commencement of this Act, register with the
> Commission and also submit to the Commission the
> names
> of all media practitioners registered with that
> organisation.
>
> (3) Notwithstanding subsection (1) but subject to
> subsection
> (4) ,a media practitioner shall register with the
> Commission, if in practice –
>
> (a) at the commencement of this Act, within two
> months
> of the commencement of this Act; and
>
> (b) after the commencement of this
> Act,
> within one month of the
> commencement of the practice.
>
> (5) The provisions of subsection (3) do not apply to
> a
> media practitioner who-
>
> (a) is employed by the Government; or
> (b) is registered with a media
> organisation.
>
> (6) The Commission shall issue a licence to a media
> practitioner or media organisation registered under
> this section.
> (7) The registration of a media practitioner or
> media
> organisation shall be valid for one year and may be
> renewed from year to year.
>
> (8) A media practitioner or media organisation
> which
> contravenes this section commits an offence and is
> liable to a fine of not less than five thousand
> dalasis, and in default of payment of the fine
> within
> a period of thirty days from the date of the finding
> of the Commission, the registration and licence of
> the
> media practitioner or media organisation shall be
> deemed to be suspended –
>
> (a) in the case of a media practitioner, for a
> period
> of nine months; and
> (b) in the case of a media organisation, for a
> period
> of three months.
>
>
>
>
>
>
> PART VII – COMPLAINTS
>
> Powers of the Commission in respect of complaints
>
> 14. (1) Notwithstanding the provisions of any other
> law, the Commission shall, to the exclusion of any
> other court or tribunal, consider and determine all
> complaints against a media practitioner or media
> organisation, in accordance with the provisions of
> this Act.
>
> (2) The Commission shall also have exclusive
> jurisdiction over all ancillary matters and other
> preliminary issues connected with any hearing under
> this Act.
>
> (3) Subject to the provisions of this Act,
> the
> Commission shall, following complaints made to it by
> any person under section 16, have the power to –
>
> (a) inquire and procure all such
> evidence, written or oral and examine all such
> persons
> as witnesses as the Commission may deem fit;
> (b) try all the offences created under
> this Act;
> © summon any person in The Gambia to
> attend
> any hearing conducted by the Commission to give
> evidence or produce any document or other thing in
> his
> or her possession and examine him or her as a
> witness
> and may require him or her to produce any document
> or
> other thing in his or her possession;
> (d) consider and deal with any matter
> referred
> to it in the absence of any party who has been duly
> summoned to appear before it;
>
> (e) admit any evidence whether written or
> oral, and act on the evidence;
>
> (f) enter on any land or premises
> personally
> or by any agent duly authorised in writing by the
> Commission for any purpose which, in its opinion, is
> material to the hearing of a complaint, and in
> particular for –
>
> (I) the purposes of obtaining
> evidence or information or of inspecting or taking
> copies of any documents or other things required by
> or
> which may be of assistance to the Commission, and
>
> (ii) safeguarding any document or property
> which in the opinion of the Commission ought to be
> safeguarded for any purpose of the hearing;
>
> (g) adjourn its proceedings, from time to
> time; and
>
>
> (h) generally give all such directions
> and
> do all such things as are necessary or expedient for
> dealing speedily and justly with any matter before
> it.
>
> 15. If the Government or any of its Departments of
> State, organs or agencies alleges in the complaint
> that the information provided to a media
> practitioner
> or media organisation –
>
> (a) was without authorisation; or
> (b) is a contravention of the Official Secrets Act,
>
> The Commission shall require the media practitioner
> or
> media organisation to disclose the source of the
> information and if a media practitioner or media
> organisation fails to disclose the source of the
> information within the period stipulated by the
> Commission, the Commission shall impose one or more
> of
> the penalties provided for under section 29.
>
> 16. (1) A person who is aggrieved by anything –
>
>
> (a) published in a newspaper or broadcast by a
> broadcasting station in respect of that person; or
> (b) done in respect of that person, by a media
> practitioner in that capacity,
>
> (2)The Commission shall not entertain a
> complaint under this Act unless the complaint is
> made
> within twelve months from the date on which the
> complainant first had or could have had notice of
> the
> matters alleged in the complaint.
>
> (3) where the complainant –
>
> (a) I s a minor, the complaint may be made by the
> parent, a member
> of the family or guardian of the minor; or
>
> (b) Is unable to act by reason of
> infirmity of mind or body or other cause or has
> died,
> the complaint may be made by the personal
> representatives or a member of the family of the
> complainant.
>
>
>
>
>
> (4) A complaint made by a person who is an inmate of
> a
> government institution o r detained in such
> institution shall be forwarded to the Commission by
> the person for the time being in charge of that
> institution within fourteen days of receipt of the
> complaint.
>
> Procedure and evidence
>
> 17. (1) Subject to the provisions of this Act, the
> procedure for hearing a complaint shall be such as
> the
> Commission considers appropriate in the
> circumstances.
>
> (2) The Commission may receive in evidence any
> relevant material evidence notwithstanding that such
> evidence would be inadmissible in evidence before
> the
> ordinary courts.
>
> (3) The Commission shall, before the hearing of
> a
> complaint, give the media practitioner or
> organisation, against whom the complaint is made, an
> opportunity of making representations to the
> Commission, either orally or in writing, commenting
> on
> the complaint.
>
> Fixing of hearing day
>
> 18. (1) On the direction of the Chairperson, the
> Executive Secretary (in this part of the Act
> referred
> to as "the Secretary") shall fix a day for the
> hearing
> of the case and shall serve notice of hearing on
> each
> party to the proceedings.
>
> (2) The notice of hearing may be served either
> personally or by registered post addressed to the
> residence or place of business of each party to the
> proceedings
>
> Schedule 1
>
> (3) The notice may be in the form set out in
> Schedule 1 to this Act and there shall be at least
> twenty-one days between the service of the notice
> and
> the day for the hearing.
>
> Hearing in absence of parties
>
> 19. If a party fails to appear at a hearing, the
> Commission may, on proof of service on the party of
> the notice of hearing, proceed to hear and determine
> the case in the absence of the party.
>
> Re-hearing of case heard in absence of parties
>
> 20 (1) A party who fails to appear at a hearing may,
> within one calendar month from the pronouncement of
> the order of the Commission and giving notice to
> every
> other party and to the Secretary of State, apply to
> the Commission for re-hearing.
>
> (2) The Commission may, if satisfied that it
> is
> just that the case should be re-heard, grant the
> application on such terms as to costs or otherwise
> as
> it deems fit.
>
> Witnesses
>
> 21. (1) A summons for the attendance of a witness or
> the production of a document shall be served in the
> same manner as a subpoena for attendance of a
> witness
> in a court.
>
> (2) The Commission may issue a warrant for the
> arrest
> of a person who, having been served with a summons,
> fails to appear before the Commission.
>
> (3) Summonses issued under this Act may be in the
> form
> set out in Schedule 2 to this Act and shall be
> served
> by the police or such other person as the Commission
> may direct.
>
> (4) No civil proceeding shall lie against a
> person as a result of his or her testimony before
> the
> Commission in a hearing.
>
> 22. The proceedings of the Commission shall be held
> in
> public but may be held in camera in an appropriate
> case as may be determined by the Chairperson.
>
> 23. The Commission may, of its own motion, or on the
> application of any party, adjourn the hearing on
> such
> terms as to costs, or otherwise, as the Commission
> shall think fit.
>
> 24. (1) The record of proceedings shall be prepared
> by
> a person appointed by the Commission, and any party
> who appeared at the proceedings shall be entitled to
> be supplied with a copy or transcript of the
> proceedings upon payment of the stipulated fee.
>
> (2) The Secretary shall supply to any person
> entitled to be heard on an appeal against the
> decision
> of the Commission a copy of the transcript of the
> record on the payment of such fees as may be
> determined by the Secretary.
>
> 25. The Commission may dispense with any requirement
> with respect to notices, affidavits, documents,
> service, or time, in any case where it appears to
> the
> Commission to be just to do so.
>
> 26. The Commission may in any given case extend the
> time for doing anything under this part of this Act.
>
> Exhibits and books to be kept by Secretary
>
> 27. The Commission may order that any book, paper,
> or
> any other exhibit, produced or used at a hearing,
> shall be retained by the Secretary until such time
> within which an appeal may be entered has expired,
> and, if notice of appeal is given, until the appeal
> is
> heard or otherwise disposed of.
>
> Withdrawal of complaint
>
> 28. A complaint may, at any time before an order is
> made by the Commission, withdraw his or her
> complaint.
>
> Orders of the Commission
>
> 29. (1) Where, after hearing a complaint under this
> Act, the Commission is
> satisfied that –
>
> (a) the publication or broadcast, in
> respect of which the complaint is made, is not in
> accordance with the Code of Conduct prescribed by
> the
> Commission; or
>
> (b) the conduct of a media practitioner, in
> respect
> of whom the complaint is made, is not in accordance
> with the Code of Conduct; or
> (c) the conduct of a media practitioner
> is,
> in the circumstances of the case blameworthy; or
> (d) an offence has been committed under
> this Act,
> the Commission shall, make any one or more of the
> orders specified in subsection (2).
>
> (2) The Commission may make one or more orders
> under subsection (1) –
>
> (a) directing the newspaper or broadcasting
> station concerned to publish or broadcast in such
> manner as the Commission may direct, an apology or
> correction;
> (b) reprimanding the media practitioner or
> media organisation concerned;
> © suspending, cancelling or revoking the
> registration and licence of the media practitioner
> or
> media organisation concerned;
> (d) imposing a penalty of not less than
> ten
> thousand dalasis;
> (e) directing that an amount of not less
> than
> ten thousand dalasis be paid to the complainant as
> compensation;
> (f) awarding such damages as the Commission
> may deem fit to any person affected by the
> publication
> or broadcast;
> (g) closing down the media organisation
> concerned; and
> (h) in the case of an offence, imposing
> the
> penalty specified for the offence under this Act, in
> addition to any of the orders set out in this
> subsection.
>
> (3) A media practitioner or media organisation in
> respect of whose publication or broadcast the
> Commission has made an order under this section
> shall
> comply with the Commission’s order.
> (4) An order of the Commission shall be enforced in
> the same manner as in civil or criminal proceedings,
> as the case may be, in The Gambia.
>
> Publication of name of media practitioner or media
> organisation reprimanded
>
> 30. The Commission may publish in the Gazette and
> broadcast, in such manner as the Commission
> considers
> fit, the name of any media practitioner or media
> organisation reprimanded by the Commission.
>
> Appeals
>
> 31. (1) Appeal shall lie from a decision or an order
> of the Commission to t he Court of Appeal.
>
> (2) The Commission may review its own decision or
> order on any matter based on fresh evidence.
>
> PART VIII – OFFENCES
>
> Offences
>
> 32. A person who –
>
> (a) having been summoned as a witness fails to
> appear
> before the Commission; or
> (b) being a witness before the Commission, refuses
> to
> be sworn or affirmed; or
> (c) having been sworn or affirmed, knowingly makes a
> false statement or tenders a false document touching
> any matter which is material to any question related
> to the hearing; or
> (d) gives false evidence or knowingly makes a false
> statement in any affidavit sworn to for the purposes
> of proceedings before the Commission; or
> (e) intentionally insults, interrupts or obstructs
> the
> Commission or member of the Commission or staff of
> the
> Commission in the performance of any function under
> this Act, or
> (f) intentionally disobeys an order made by the
> Commission,
>
> Commits an offence and is liable to a fine of not
> less
> than five thousand dalasis or in default may be
> committed for contempt for not less than forty-eight
> hours and not more than six months.
>
> Use of derogatory language, etc.
>
> 33. (1) A media practitioner or media organisation
> which, in any publication or broadcast uses any
> language, caricature, cartoon or depiction which is
> derogatory, contemptuous or insulting against any
> person or authority commits an offence and shall be
> liable to a fine of not less than five thousand
> dalasis.
>
> (2) The issue of what is derogatory, insulting or
> contemptuous shall be a question of fact to be
> determined by the Commission.
> (3) The Commission may also order that the person or
> authority against whom the words are used be paid
> such
> compensation as may be determined by the Commission
> as
> adequate having regard to the circumstances of the
> case.
>
>
>
>
> False Publication
>
> 34. (1) A media practitioner or media organisation
> which wilfully, negligently or recklessly or having
> reason to believe that a report is false, publishes
> or
> broadcasts any information or news which is false in
> any material particular commits an offence and shall
> be liable to a fine of not less than five thousand
> dalasis.
>
> ( 2) It shall be no defence to a charge under
> subsection (1) that the media practitioner or media
> organisation did not know that the information or
> news
> was false, unless it is proved that adequate
> measures
> were taken to verify the accuracy of the information
> or news.
>
> Offences by Corporations
>
> 35. Where an offence under this Act is committed by
> a
> partnership,
> Company or unincorporated association, is proved to
> have been committed with the consent or connivance
> of,
> or to be attributable to any neglect or default on
> the
> part of-
>
> (a) a person who is a partner, director, manager,
> secretary or other similar officer of the
> partnership,
> company or association; or
> (b) a person purporting to act in such a capacity,
> the person shall be guilty of the offence and liable
> in the same manner as the partnership, company or
> association to the penalty provided for the offence.
>
>
> PART IX – MISCELLANEOUS
>
> Suspension to registration in default in payment of
> penalties, etc.
>
> 36. Where there is default in the payment of a
> penalty, fine, compensation or damage within the
> time
> specified by the Commission, but in any case not
> later
> than thirty days of the making of the order, the
> registration and licence of the media practitioner
> or
> media organisation concerned shall be suspended by
> the
> Secretary of State, in the case of-
>
> (a) a media organisation, for a period of three
> months; and
> (b) a media practitioner, for a period of nine
> months.
>
> Liability of media organisations
>
> 37. (1) Where a media practitioner is unable to pay
> a
> penalty, fine, compensation or damages ordered by
> the
> Commission under section 29, the Commission shall
> order the media organisation which published or
> broadcast the subject matter of the complaint or
> offence to pay the penalty, fine, compensation or
> damages.
>
> (2) Where the media organisation is unable to pay
> the
> penalty, fine, compensation or damages ordered under
> subsection (1), the Commission shall make one or
> more
> of the other orders specified I n section 29.
>
>
>
>
>
> Immunity of Commission and Staff
>
> 38. (1) No civil proceeding shall lie against a
> member
> or staff of the Commission for anything done in the
> exercise of his or her official functions under or
> pursuant to this Act.
>
> (2) The Commission or a member or staff of the
> Commission shall not be called to give evidence or
> to
> produce any document or article before a court or
> tribunal or in any proceeding of a judicial nature
> in
> respect of anything coming to the knowledge of the
> Commission or its staff in the exercise of official
> functions.
>
> Inconsistency
>
> 39. where any provision of this Act is inconsistent
> with that of any other law, the provision of this
> Act
> shall prevail.
>
>
> Regulations
>
> 40. The Secretary of State may, on the
> recommendation
> of the Commission, make regulations for the better
> carrying out of the provisions of this Act and,
> without limiting the generality of the foregoing,
> may
> make regulations –
>
> (a) providing for a Code of Conduct for
> media
> practitioners and media organisations; and
> (b) for the qualification and fees to be
> paid
> for the registration of media practitioners and
> media
> organisations.
>
>
> Repeal of No. 11 of 1991
>
> 40 (1) The National Press Council Act, 1991 is
> hereby
> repealed and the Council established under it is
> hereby consequentially dissolved.
>
> (2) As from the commencement of this Act, all
> the rights, assets, liabilities and obligations of
> the
> dissolved National Press Council existing
> immediately
> before the commencement of this Act shall be
> transferred to the Commission.
>
> (3) Any action or proceeding sin any court, or
> any judgement, decision or order which was
> enforceable
> by or against the dissolved Council immediately
> before
> the commencement of this Act may be continued and
> enforced by or against the Commission established
> under this Act.
>
> (4) A person who was in the employment of the
> dissolved Council immediately before the
> commencement
> of this Act shall become a staff of the Commission
> established under this Act until he or she vacates
> the
> office or the appointment is terminated.
>
>
> OBJECTS AND REASONS
>
> The Bill establishes a National Media Commission in
> accordance with section 210 of the Constitution of
> the
> Republic of The Gambia 1997. The functions of the
> Commission are clearly spelt out, chief among which
> is
> that of inquiring into complaints made against media
> practitioners and media organisations. To this end,
> the Commission is given certain powers such as that
> of
> summoning witnesses to its inquiry into a complaint.
>
> Witnesses are conferred with legal immunity for any
> evidence they may give before the Commission in an
> inquiry.
>
> In order to buttress the Commission in its work,
> there
> is an Executive Secretary and support staff. Both
> the
> Commission and its staff are provided with legal
> immunity against civil actions for anything done in
> the course of their official functions.
>
> Media practitioners who are not registered with
> professional media organisations are required to
> register directly with the Commission, whilst those
> registered with media organisations shall have their
> names forwarded to the Commission by those
> organisations.
>
> The Commission can order a media practitioner to
> apologise to a complainant and where found
> appropriate
> order that media practitioner to publish or
> broadcast
> an apology to that complainant. In order to give
> greater credence to this, the Commission, may
> publish
> the name of a media practitioner reprimanded or fine
> him.
>
> The sources of the Commission funding are quite
> varied
> and includes monies provided by the National
> Assembly.
> The Commission is to keep proper accounts which
> must
> be audited by the Auditor General.
>
> The Commission is to submit reports annually to the
> Secretary of State.
>
> The Bill also creates some offences relating to
> wilful, negligent or reckless publication of false
> news, and there are penalty provisions for
> contraventions of the Bill.
>
> Finally, the Commission may, with the approval of
> the
> Secretary of State, make regulations.
>
> EDWARD D. SINGHATEH
> Secretary of State For Works, Communications and
> Information,
> Presidential Affairs and National Assembly
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> __________________________________________________
> Do You Yahoo!?
> Everything you'll ever need on one web page
> from News and Sport to Email and Music Charts
> http://uk.my.yahoo.com
__________________________________________________
Do You Yahoo!?
Everything you'll ever need on one web page
from News and Sport to Email and Music Charts
http://uk.my.yahoo.com
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
To unsubscribe/subscribe or view archives of postings, go to the Gambia-L Web interface
at: http://maelstrom.stjohns.edu/archives/gambia-l.html
To contact the List Management, please send an e-mail to:
[log in to unmask]
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
|
