 |
 |
 |
  |
|
|
|
|
 |
|
|
A BILL FOR AN ACT TO ESTABLISH THE MEDIA COUNCIL OF FIJI AND TO PROVIDE A CODE OF ETHICS FOR THE MEDIA AND FOR RELATED MATTERS ENACTED by the Parliament of the Fiji Islands - Short title and commencement 1. - (1) This Act may be cited as the Media Council of Fiji Act 2003. (2) This Act comes into force on a date appointed by the Minister by notice in the Gazette. Interpretation 2. In this Act, unless the context otherwise requires - "Appeals Committee"? means the Appeals Committee of the Council established under section 13; "broadcaster" means any person responsible for managing a radio or television network, which has been licensed under a written law to broadcast either community, public service or commercial programs for the public; "Code" means the Media Code of Ethics and Practice contained in Schedule 2; "Complaints Committee" means the Complaints Committee of the Council established by section 10; "Council" means the Media Council of Fiji established by section 3; "editor"? means a news editor or editor-in-chief of a broadcast media; "media"? means agencies and their products, which serve to deliver information, opinion and entertainment to the public and includes radio, television, newspapers, magazines, electronic or other similar medium; "media outlet" means agencies involved in mass media, communications either through public relations, journalism, news media, radio, television, printed media, audio-visual or other similar medium; "print media"? means newspapers published daily or magazines published regularly; "publisher" means the editor-in-chief or a senior executive officer performing the functions and duties of the editor-in-chief, of the printed media; Establishment of the Media Council of Fiji 3. - (1) This section establishes the Media Council of Fiji. (2) The Council - (a) is a body corporate with perpetual succession; (b) may sue and be sued; (c) may acquire, hold or dispose of properties and enter into contracts; (d) must have a common seal; and (e) may do all other things, which a legal person can do in connection with its functions. Composition of the Council 4. (1) The Council consists of - (a) a Chairperson, who is not a publisher, broadcaster or representative of a media outlet and has no direct or indirect connection with a media outlet, to be appointed by the Minister after consulting the media outlets set out in Schedule 1; (b) representatives from each media outlets specified in Schedule 1; and (c) an equal number of members appointed by the Minister to be broadly representative of the communities of the Fiji Islands, their interests and concerns. (2) The Chairperson and members of the Council hold office for up to 3 years and may be re-appointed. (3) The members of the Council may, at its first meeting in a year, elect one of its members under subsection (1)(c) as the Deputy Chairperson, who shall perform the functions and duties of the Chairperson if the Chairperson is absent for any reason. (4) If a member of the Council dies or resigns or is otherwise unable to perform as member, the person or body, which appointed the member, may appoint a replacement in the same manner. (5) The members of the Council under subsection (1)(c) are entitled to allowances and other expenses fixed by the Council. Meetings of the Council 5. (1) The Council meets at such times and places as the Chairman appoints, or as requested by a majority of the members in writing. (2) Subject to subsection (7), half of the total Council members, with equal number of members under section 4(1)(c), constitute a quorum. (3) The business of the Council may be translated by circulation of papers, but any decision so arrived at must be confirmed at the next meeting. (4) Subject to the other provisions of this section, the Council may make rules governing its procedure. (5) A member of the Council vacates his or her membership if the member is absent from 3 consecutive meetings of the Council without the approval of the Council. (6) If a member vacates his or her membership under subsection (4), the Chairperson must advise the member, in writing, of the effective date of vacation of membership. Employment of staff 6. (1) The Council may appoint a Secretary and such other staff as it considers necessary for the performance of its functions. (2) The salaries and emoluments of the staff of the Council are as fixed by the Council. Functions of the Council 7. The functions of the Council are - (a) to regulate the content or conduct of the print and broadcast media according to the Code; (b) to safeguard and be an advocate for media freedom; (c) to investigate complaints against the media through the Complaints Committee; (d) to advise on media training; (e) to carry out other functions under this Act or any other written law. Finances of the Council 8. (1) The funds of the Council consist of - (a) subscriptions from the media; (b) any other money received by or on behalf of the Council. (2) The Council may determine the subscriptions from the media and may fix different rates for media outlets, publishers and journalists. (3) The Council must keep proper books of account, which must be audited annually by an auditor appointed by the Council. Annual Report 9. The Council must produce an annual report and audited statement of its accounts for public information within 3 months of the close of each financial year. Complaints Committee 10. (1) This section establishes the Complaints Committee of the Council to regulate adherence to the Code. (2) The Complaints Committee consists of - (a) the Chairman of the Council; and (b) two other persons appointed by the Council who are not members of the Council. (3) When adjudicating on a complaint the Complaints Committee may be advised by an independent publisher or broadcaster who is a member of the Council and who represents the relevant medium and a senior journalists, but neither adviser is entitled to vote on decisions of the Committee. Procedure for Complaints 11. (1) The Committee may, on its own volition, also consider matters of public concern relating to any breach of the Code. (2) The Council may make rules and procedures for the Complaints Committee. Media Code of Ethics and Practice 12. (1) In adjudicating on a complaint, the Complaints Committee must have regard to the Media Code of Ethics and Practice set out in Schedule 2. (2) A breach of the Code by a publisher, broadcaster, or a media outlet is a prima facie ground for a finding against the publisher, broadcaster or media outlet by the Complaints Committee. Appeals Committee 13. - (1) This section establishes the Appeals Committee of the Council consisting of - (a) the Deputy Chairperson of the Council/a legal practitioner who is qualified to be a judge, appointed by the Council; and (b) one representative each from the members of the Council representing the media outlet and the public, appointed by the Council. (2) The Appeals Committee may hear an appeal from the Complaints Committee and make recommendations to the Council. (3) The Council may, after receiving the recommendations of the Appeals Committee - (a) dismiss the appeal; (b) allow the Appeal and vary the decision or make a new decision. (4) A person who is aggrieved with the decision of the Complaints Committee may appeal to the Council, and Council must refer the appeal to the Appeals Committee. (5) If the Council is satisfied that an appeal is frivolous or vexatious, the Council may refuse to refer the appeal to the Appeals Committee, and the Council must advise the appellant and state its reasons. Offences 14. A person who fails to appear before the Complaints Committee or Appeals Committee to produce a relevant document when required by the Committee commits an offence and is liable on conviction to a fine of [$2,000.] Regulations 15. - (1) The Minister may, on the advice of the Council, make regulations to give effect to the provisions of this Act. (2) The Minister may, on the advice of the Council, amend Schedule 1 or 2 by regulations. Repeal and saving 16. (1) The Press Correction Act (Cap. 107) is repealed. (2) The Media Council, which existed at the commencement of this Act, is dissolved and any of its assets and liabilities are transferred and vested to the Council established by this Act. (3) Any complaints pending at the commencement of this continues as if they were made under this Act and are to be disposed of under the provisions of this Act. SCHEDULE 1 (Section 4(1)(b)) MEDIA OUTLETS REPRESENTATIVES MEDIA OUTLETS NUMBER OF REPRESENTATIVES Newspapers 3 Radio Broadcast 2 Television 1 Journalists 2 Magazines 2 Electronic Media 1 Public Relations 1 Audio Visual 1 -------------- |
|
|
 |
     |
