27.Derogation in respect of and restrictions on broadcasting by Corporation
28Broadcasting Transmission Company
PART V -
CONTENTS OF PROGRAMME
29.Standards and ethics
30.Complaints Committee
PART VI -
MISCELLANEOUS
31.Oath of office
33Confidentiality
34.Reception apparatus
35.Exemptions
36.Limitation of liability
37.Offences
38.Regulations
39.Consequential amendments
40.Transitional provisions
41.Commencement
An
Act
To provide for the setting up of an
Independent Broadcasting
Authority to regulate sound and television broadcasting
and for matters connected therewith
ENACTED
by the Parliament of Mauritius, as follows -
PART
I - PRELIMINARY
1.Short title
This Act may be cited as the Independent Broadcasting Authority Act 2000.
2.Interpretation
In
this Act -
"access
agreement" means an agreement made under section 18 between the Company and a
licensee which sets out the terms and conditions upon which the Company shall
transmit broadcasting through transmission stations operated by the Company;
"Authority"
means the Independent Broadcasting Authority established under section 3;
"broadcast"
means emit sound or images by means of Hertzian waves, satellite or a wired
electromagnetic system for the reception by the public -
(a)otherwise than within a self contained building; and
(b)extending to or connecting at least 2 buildings;
"Chairperson"
means the Chairperson of the Authority;
"Company"
means the company known as MultiCarrier (Mauritius) Ltd and referred to in
section 28;
"Complaints
Committee" means the committee set up under section 30;
"Corporation"
has the same meaning as in the Mauritius Broadcasting Corporation Act 1982;
"Director"
means the Director of the Authority appointed under section 11;
"employee"
-
(a)means any person who works under a contract of employment with the
Authority;
(b)includes the Director;
"financial
year" means the period starting on 1 July and ending on 30 June in the
following year;
"law
practitioner" has the same meaning as in the Law Practitioners Act l984;
"licence"
means any licence specified in the First Schedule;
"licensee"
means the holder of a licence;
"local
authority" has the same meaning as in the Local Government Act l989;
"Mauritius
Telecommunications Authority" has the same meaning as in the
Telecommunications Act 1998.
"member"
means a member of the Authority and includes the Chairperson;
"Minister"
means the Minister to whom responsibility for the subject of information is
assigned;
"qualified
auditor" has the same meaning as in the Statutory Bodies (Accounts and Audit)
Act;
"reception
apparatus" means any instrument intended for the reception of a broadcast
program;
"Standards
Committee" means the committee set up under section 29;
"transmission
station" means a station for the transmission of broadcasting for reception by
the public.
PART
II - THE AUTHORITY
3.Establishment of Authority
(1)There is established for the purposes of this Act the Independent
Broadcasting Authority which shall be a body corporate.
(2)Subject to subsection (3), the Authority shall not, in the exercise of
its functions, be subject to the control of any person, body or other authority.
(3)The Minister may issue such directions to the Authority in relation to
matters affecting the national security and public order and the Authority shall
comply with those directions.
4.Objects of Authority
The
Authority shall -
(a)promote the provision of a diverse range of radio and television
broadcasting services throughout Mauritius;
(b)promote the development of broadcasting services which are responsive to
the needs of the Mauritian audience;
(c)preserve and promote the plural nature of Mauritian culture by ensuring
that licensees include in their services programmes reflecting the linguistic
and cultural diversity of Mauritius;
(d)ensure that licensees include in their services regular locally produced
programmes;
(e)ensure that broadcasting services are not controlled by foreign
nationals;
(f)impose limitations on cross media control of private broadcasting
services;
(g)ensure fair competition between broadcasting licensees;
(h)set acceptable standards for programmes and advertising and monitor
compliance with those standards;
(i)ensure
that broadcasting services -
(i)are of such a nature as notto
encourage or incite crime or racial hatred leading to disorder or offending
public feeling;
(ii)give adequate coverage to information, education, culture,
entertainment and recreation;
(iii)are impartial and accurate;
(j)be
the sole authority empowered to issue licences for broadcasting;
(k)levy
fees in respect of licences issued;
(l)inquire into public complaints against a licensee and take any action it
thinks appropriate;
(m)promote
together with the Mauritius Telecommunications Authority, the most efficient use
of the broadcasting frequency bands;
(n)monitor,
after consultation with the Mauritius Tele-communications Authority, the
availability of segments of broadcasting frequency bands and make
recommendations for the allocation of frequencies to licensees of broadcasting
services.
5.Powers of Authority
(1)The Authority may, for the purposes of this Act, give written directions
to the Corporation or any licensee and they shall comply with those directions.
(2)The Authority may require the Corporation or any licensee to provide such
information as it thinks necessary in relation to its broadcasting operations.
(3)The Authority may, in writing, authorise a member or any person to enter
the premises of the Corporation or of any licensee to -
(a)inspect any equipment, apparatus or material which may be found on the
premises;
(b)take possession of the recording of a broadcast programme where the
Corporation or any licensee has, pursuant to a direction under subsection (1),
been directed to produce the recording and he has failed to do so.
(4)The Authority may -
(a)set up such committees as it thinks fit to assist in implementing
this Act;
(b)subject to sections 29 and 30, delegate to any such committee such of its
powers as it thinks fit other than the power -
(i)to issue licences; or
(ii)to borrow money or incur expenditure exceeding 10,000 rupees.
6.Constitution of Authority
The
Authority shall consist of -
(a)a Chairperson who shall be appointed by the President after
consultation with the Prime Minister and the Leader of the Opposition;
(b)a representative of the Ministry responsible for the subject of
information;
(c)a representative of the Attorney-General's Office;
(d)a representative of the Ministry responsible for the subject of arts and
culture;
(e)the Chairperson of the Mauritius Telecommunications Authority;
(f)not less than 3 nor more than 5 persons who shall, subject to section
7, be appointed by the Minister having regard to their experience in the field
of broadcasting policy and technology, media issues, frequency planning, enter-tainment,
education or in any other related activities.
7.Disqualification
(1)No person shall be appointed under section 6(f) if -
(a)he is a member of the National Assembly;
(b)he is an office bearer of a political party or political organisation; or
(c)he, his spouse or any of his children has an interest in a concern
engaged inbroadcasting,
advertising or audio-visual production.
(2)A member shall cease to be a member where -
(a)he becomes a member of the National Assembly;
(b)he becomes a member of a political party or is actively engaged in
politics; or
(c)he, his spouse or any of his children, acquires an interest in a
concern engaged in broadcasting, advertising or audio-visual production.
8.Meetings of Authority
(1)A meeting of the Authority shall be held at such time and at such place
as the Chairperson may determine.
(2)The Authority shall regulate its own procedure.
(3)Where the Chairperson is absent from a meeting, the members present shall
elect one of the members present to chair the meeting.
(4)Subject to subsections (5) and (7), the Authority shall meet at least 5
times in a year.
(5)The Chairperson may convene a special meeting at any time.
(6)Not less than 6 members may, by notice in writing, submit a request to
the Chairperson to convene a special meeting.
(7)Where a request is made under subsection (6), the Chairperson shall
convene a special meeting within 21 days of the receipt of the notice of the
request.
(8)A notice under subsection (6) shall specify the purpose for which the
meeting is to be convened.
(9)Five members shall constitute a quorum at any meeting of the Authority.
9.Term of office
(1)A member appointed under section 6(a) or (f) shall hold office for 3
years and shall be eligible for re-appointment.
(2)The appointment of a member under section 6(a) or (f) shall not be
terminated except for a reason specified in section 37(3)(b) of the
Interpretation and General Clauses Act.
10.Remuneration
Every
member shall receive such allowance or remuneration as the Authority may
determine.
11.Director
(1)The Authority shall appoint a Director on such terms and conditions as it
thinks fit.
(2)The Director shall be the chief executive officer of the Authority.
(3)The Director shall be responsible for the running of the day-to-day
business of the Authority and the implementation of the Authority's decisions.
(4)The Director shall -
(a)exercise appropriate supervision over the other employees of the
Authority;
(b)attend every meeting of the Authority;
(c)keep the minutes of proceedings of the Authority;
(d)oversee the keeping of the accounts of the Authority.
(5)In the exercise of his functions, the Director shall act in accordance
with such instructions as he may receive from the Authority.
12.Appointment of staff
(1)The Authority may appoint, on such terms and conditions as it thinks fit,
such employees as may be necessary for the proper discharge of its functions.
(2)A person shall not be eligible for appointment under subsection (1) where
-
(a)he is a licensee;
(b)his spouse or any of his children is a licensee;
(c)he, his spouse or any of his children has a financial interest in a body
corporate or other body which is a licensee.
(3)An employee of the Authority shall be under the administrative control of
the Director.
PART
III - FINANCE
13.General Fund
The
Authority shall establish a General Fund -
(a)into which shall be paid all the revenue of the Authority; and
(b)out of which shall be paid all the expenses incurred by the Authority.
14.Revenue and expenditure
(1)The revenue of the Authority shall consist of -
(a)such fees or charges as may be levied on a licensee or on any other
person;
(b)such amounts as may be received from the Consolidated Fund;
(c)any other sum that may lawfully accrue to the Authority.
(2)The Authority may incur expenditure in relation to salary, wages, fees,
allowances, administrative expenses and any other item for the purposes of
implementing its objects under this Act.
15.Raising of loans
The
Authority may raise loans to finance any expenditure which it may incur under
this Act.
16.Auditor
(1)The auditor to be appointed under section 5(1) of the Statutory Bodies
(Accounts and Audit) Act shall be a qualified auditor.
(2)Without prejudice to the duties and powers of the auditor under the
Statutory Bodies (Accounts and Audit) Act, the qualified auditor shall, not
later than 4 months after the end of every financial year, examine and audit -
(a)the annual statement of the
Authority's income expenditure;
(b)the balance sheet made up
to the end of the financial year showing the assets and liabilities of the
Authority.
17.Annual report
(1)The Authority shall, as soon as practicable after the end of every
financial year, cause to be published a report in relation to its functions,
activities, affairs and financial position in respect of the previous financial
year.
(2)The report specified in subsection (1) shall include -
(a)a copy of the audited
accounts specified in section 16;
(b)a copy of every written
direction issued under section 5(1) during the previous year, together with an
indication of compliance or non-compliance therewith.
(3)The Authority shall, as soon as practicable but not later than 8 months
after the end of every financial year, forward a copy of the report specified in
subsection (1) to the Minister who shall lay it on the table of the Assembly.
PART
IV - LICENSING
18.Prohibition against broadcasting
No
person shall provide a broadcasting service unless -
(a)he
is licensed to do so under this Act;
(b)in the case of terrestrial broadcasting, he provides such a service
pursuant to an access agreement with the Company for the transmission of
broadcasting by the Company for reception by the public.
19.Application for licence
(1)Any person who wishes to obtain a licence under this Act shall make an
application to the Authority in the prescribed form.
(2)The Authority may require the applicant to furnish -
(a)information in relation to his ability to provide a broadcasting
service or to the technical material available to him;
(b)information which may be reasonably necessary in order to enable the
Authority to -
(i)determine whether the applicant is a fit and proper person to hold a
licence under this Act;
(ii)properly consider the application.
(3)The Authority shall not grant a
licence where the applicant -
(a)already holds a licence or, directly or indirectly, controls or has an
interest in an organisation, association, company or corporate body which
already holds a licence;
(b)is not a citizen of Mauritius or is not ordinarily resident in Mauritius;
(c)is a member of a political party or is actively engaged in politics;
(d)is a political party or association;
(e)is a religious organisation or association;
(f)is a local authority; or
(g)has been adjudged bankrupt or declared insolvent or has been found liable
for defamation or sedition, or has been convicted for any offence involving
fraud or dishonesty;
(h)is a company or body corporate -
(i)formed, registered or incorporated in a foreign country; or
(ii)20 percent or more of the shares of which are owned or controlled,
directly or indirectly, by a foreign national, company or body corporate; or
(iii)20 percent or more of the directors of which are foreign nationals; or
(iv)20 percent or more of the shares of which are owned or controlled,
directly or indirectly, by an individual who, or by another company or body
corporate which, owns or controls, directly or indirectly, any newspaper or
magazine, or any printing press publishing such newspaper or magazine.
(4)On receipt of an application under subsection (1)the Authority, where it is satisfied that segments of broadcasting
frequency bands are available and will be allocated to the applicant by the
Mauritius Telecommunications Authority, shall -
(a)cause notice thereof to be published in the Gazette and, for 3
consecutive days, in not less than twodaily
newspapers;
(b)invite all interested persons who so wish, to lodge with the Authority
such objections as they may have against the application.
(5)Any person who wishes to object to an application shall, not later than
21 days after the last date of the publication specified in subsection (4),
lodge his objection in writing with the Authority.
20.Consideration of application
(1)The Authority shall, in determining whether to grant an application for a
licence, have regard, inter alia, to
-
(a)any objection made under subsection 19(5);
(b)the objects specified in section 4;
(c)whether or not the applicant is qualified to offer the broadcasting
service;
(d)the likelihood that the applicant shall comply with any condition of his
licence;
(e)the ability of the applicant to satisfy the Authority that it shall
comply with the code of conduct specified in the Second Schedule.
(2)The Authority shall promote pluralism in the media by giving priority of
consideration to applicants who are able to satisfy the Authority that their
broadcasting services shall be subject to no editorial control other than an
independent editorial control exercised from within the broadcasting business of
the prospective licensee.
21.Grant or refusal of licence
(1)The Authority shall, not later than 3 months after the expiry of the
period of 21 days specified in section 19(5), inform the applicant and the
objector of -
(a)its decision to grant or refuse the application for a licence;
(b)the reasons for its decision.
(2)Where the Authority does not, at the end of the period of 3 months
specified in subsection (1), make a decision on the application, it shall be
deemed to have refused to grant the licence.
(3)The Authority may grant a licence subject to such terms and conditions as
it thinks fit to impose and on payment of the prescribed fee.
(4)A term or condition specified in
subsection (3) may relate to -
(a)a requirement that the licensee shall afford, in such manner as may be
prescribed,a right of reply to a
person whose character, goodwill or reputation hasbeen adversely affected by abroadcast;
(b)the amount of any charge or fee leviable by the licensee from any person
who avails himself of the broadcasting service provided by the licensee.
(5)Notwithstanding the other provisions of this Act, where the Authority is
of the opinion that, by granting an application, the attainment of the objective
of promoting a diverse range of radio and television broadcasting services and
the plural nature of Mauritian culture may be impeded, the Authority may refuse
an application.
(6)A licensee shall comply with the terms
and conditions of a licence.
(7)A licensee shall carry out its
activities in compliance with the code of conduct specified in the Second
Schedule.
22.Duration of licence
(1)Subject to sections 24 and 25, a licence for -
(a)radio broadcasting shall be valid for a period of 3 years;
(b)television broadcasting
shall be valid for a period of 5 years.
(2)A licensee who wishes to renew his
licence shall, not later than 3 months before the expiry of the licence, give
written notice of his intention to the Authority.
23.Transfer and surrender of licence
(1)No licensee shall, except with the
written consent of the Authority, assign or transfer his licence.
(2)A licensee may surrender his licence at
any time before its expiry.
(3)A licensee who wishes to surrender his
licence shall give written notice of his intention to the Authority.
(4)No person shall assign, sell, transfer
or otherwise dispose of, any interest or share in a licensed company unless he
has given one month's prior notice to the Authority of his intention to do so.
24.Variation and revocation of licence
(1)A licensee may make a written
application to the Authority to vary the terms and conditions of his licence and
the Authority may accede to the request subject to such conditions as it thinks
fit.
(2)Subject to subsections (5) and (7), the Authority may revoke a licence
where it is satisfied that -
(a)the licensee has failed to operate within 6 months of the issue of the
licence or within such additional period as may be allowed by the Authority;
(b)the licensee has ceased his operation under his licence;
(c)the licensee has given to the Authority information which is false or
misleading in a material particular;
(d)the licensee has failed to comply with the code of conduct specified in
the Second Schedule;
(e)it is in the public
interest to do so;
(f)the licensee no longer satisfies any of the conditions set out under
section 19.
(3)Subject to subsections (5) and (7), the Authority may revoke a licence
where it is satisfied that the licensee has contravened this Act or any
regulations made under this Act or a term or condition of his licence.
(4)Subject to subsections (5) and (7), the Authority may vary the terms and
conditions of a licence for the reasons specified in subsection (2).
(5)Where the Authority is of the view that a licence should be revoked or
varied, it shall give written notice of its intention to the licensee together
with the reasons therefor.
(6)The Authority shall, in a notice under subsection (5), require the
licensee to show cause in writing, within such time as may be specified in the
notice, why the licence should not be revoked or varied.
(7)The Authority shall, after considering the explanations of the licensee
inform him in writing of its decision and the reasons for its decision.
25.Suspension of licence
(1)Notwithstanding section 24, where the Authority is satisfied that -
(a)the licensee has failed to start operations within 6 months of the issue
of the licence or within such additional period as may be allowed by the
Authority;
(b)the licensee has ceased his operation under his licence;
(c)the licensee has given the Authority information which is false or
misleading in a material particular;
(d)the licensee has failed to comply with the code of conduct specified in
the Second Schedule;
(e)it is in the public interest to do so,
it may suspend a
licence.
(2)Any decision taken under subsection (1) shall -
(a)be notified in writing to the licensee;
(b)have effect for not more than 21 days.
26.Register of licences
(1)The Director shall keep a register of every licence and of its essential
particulars.
(2)The register shall be open to inspection by the public.
(3)The Director shall keep the register up to date and shall register any
transfer, surrender, variation, revocation or suspension of a licence.
27.Derogation in respect of and restrictions on broadcasting by Corporation
(1)Subject to subsection (2) the Authority shall issue to the Corporation at
the commencement of this Act, a licence, which shall be valid for a period of 10
years, in respect of any broadcasting service which at that date the Corporation
is providing to the general public, and which the Corporation continues, in
whole or in part to provide, and in respect of which a fee is payable in
accordance with the Mauritius Broadcasting Corporation (Collection of Licence
Fees) Act 1984.
(2)For the purposes of subsection (1), a broadcasting service provided only
upon payment of a subscription fee shall not be regarded as being provided to
the general public.
28.Broadcasting transmission Company
(1)The Company known as MultiCarrier (Mauritius) Ltd., incorporated under
the Companies Act 1984, shall have exclusive right to carry on the business of
terrestrial broadcasting.
(2)All transmission stations and any equipment or asset relating thereto and
owned or operated by the Corporation shall, within such period after the
incorporation as may be determined by the Minister, be transferred to and vest
in the Company on such terms and conditions as the Minister may determine.
(3)No person shall cause any broadcasting to be transmitted otherwise than
in accordance with section 18.
PART
V - CONTENTS OF PROGRAMME
29.Standards and ethics
(1)The Authority shall set up a Standards Committee.
(2)The Standards Committee shall consist of -
(a)a Chairperson; and
(b)6 persons who shall not be members of the Authority.
(3)The Chairperson and members of the Standards Committee shall be appointed
by the Authority on such terms and conditions as it thinks fit.
(4)The Standards Committee shall, with the approval of the Authority, draw
up a code of ethics for licensees.
(5)The Standards Committee shall, with the approval of the Authority, draw
up a code of advertising practice.
(6)The code of ethics specified in subsection (4) shall give guidance as to
-
(a)the technical standards required in the preparation, production and
presentation of broadcast programs including the need of subtitling for the
benefit of the deaf where applicable;
(b)the standards and practice in advertising and in the sponsorship of
programs, including the absence of discrimination;
(c)the promotion of locally-produced programs;
(d)the optimisation of air-time occupancy;
(e)standards of taste and decency for broadcast programs, particularly
having regard to the portrayal of violence or sexual conduct.
(7)The Standards Committee may review the code from time to time.
(8)When drawing up or reviewing the code, the Standards Committee shall
consult -
(a)every licensee; and
(b)a spectrum of listeners and viewers.
(9)The Standards Committee shall conduct audience research in such manner
and at such times as the Authority may determine.
(10)The Standards Committee shall, in the light of research effected under
subsection (8), make periodical reports to the Authority on the standards
attained by every licensee.
30.Complaints Committee
(1)The Authority shall set up a Complaints Committee.
(2)The Complaints Committee shall consist of -
(a)a Chairperson, who shall be a law practitioner of not less than 10
year's standing; and
(b)6 persons who shall not be members of the Authority.
(3)The Chairperson and members of the Complaints Committee shall be
appointed by the Authority on such terms and conditions as it thinks fit.
(4)Subject to subsections (5) and (6), the Complaints Committee shall
consider and adjudicate on any complaint of -
(a)failure or likelihood of failure to comply with the code of ethics
specified in section 29(4) or the code of advertising practice specified in
section 29(5);
(b)unjust or unfair treatment or likelihood of unjust or unfair
treatment in a broadcast programme;
(c)unwarranted infringement or likelihood of unwarranted infringement of
privacy in, or in connection with, the obtaining of material included in a
broadcast programme.
(5)No complaint shall be considered unless it -
(a)is made in writing by a person who identifies himself;
(b)emanates, in the case of a complaint under subsection (4)(b) or (c), from
the person affected or his duly authorised agent;
(c)is received by the
Complaints Committee within 6 months from the date the relevant programme was
broadcast;
(d)is made, where the person affected has passed away, within 6 months from
the date of the death of that person.
(6)A complaint shall not be considered where it -
(a)is or is likely to be, the subject of an action before a court of
law;
(b)appears to be frivolous or vexatious.
(7)When considering a complaint under subsection (4), the Complaints
Committee shall afford a hearing to every interested person.
(8)A hearing may, at the discretion of the Complaints Committee, be held in
private.
(9)The Complaints Committee may, for the purposes of a hearing under
subsection (7) -
(a)summon any person to attend a hearing, give evidence or produce any
document, recording or other matter;
(b)administer an oath.
(10)The Complaints Committee shall, after considering a complaint under
subsection (4), forward a copy of its decision to the Authority.
(11)The Complaints Committee may recommend to the Authority to issue a
direction under section 5(1).
(12)A direction under section 5(1) may require the Corporation or a licensee
to publish, in such manner as the Authority thinks fit, a summary of the
complaint and of the Standards Committee's decision.
PART
VI - MISCELLANEOUS
31.Oath of office
A member of the Authority, the
Standard Committee or the Complaints Committee, the Director and every employee
of the Authority shall, before assuming office, take the oath specifiedin the Third Schedule.
32.Conflict of interest
(1)Where -
(a)a member;
(b)a member of the Standards
Committee;
(c)a member of the Complaints
Committee; or
(d)the spouse or any children
of a member specified in paragraphs (a)
to (c),
has
a pecuniary or other material interest in a matter to be determined by the
Authority, the Standards Committee or the Complaints Committee, as the case may
be, that person shall, at or before the meeting at which the matter is to be
considered, disclose the interest and not take part in the determination.
(2)No employee of the Authority shall own or acquire an interest inthe activities of a licensee.
(3)Where an interest in a licensee devolves upon an employee of the
Authority, by inheritance or otherwise, he shall, unless the Authority otherwise
determines, forthwith dispose of that interest.
33.Confidentiality
No
member of -
(a)the Authority;
(b)the Standards Committee;
(c)the Complaints Committee; or
an employee
of the Authority shall, except in the course, and for the purpose, of the
performance of his duties, disclose to any other person anything that comes to
his knowledge which relates to a matter which is to be, is being or has been
determined by the Authority, the Standards Committee or the Complaints
Committee.
34.Reception apparatus
(1)The Authority may, on the recommendation of the Standards Committee,
in relation to a parabolic antenna or such other reception appa-ratus as may be
prescribed, determine the type and
specifications thereof.
(2)Where a type of, and specifications for, any reception apparatus have
been determined pursuant to subsection (1), no person shall import, assemble,
use or possess any reception apparatus other than one that is of the type and
has the specifications so determined.
35.Exemptions
(1)Article 910 of the Code Napoleon shall not apply to the Authority.
(2)The Authority shall not be liable to income tax.
(3)The Authority shall not pay any charges or duties in respect of any
document executed by it or under which it is the sole beneficiary.
36.Limitation of liability
A
member of -
(a)the
Authority;
(b)the
Standards Committee;
(c)the
Complaints Committee; or
an
employee of the Authority shall not be personally liable for any damage or loss
suffered by any person in consequence of any act or thing which was done in good
faith or done or omitted in the course of the exercise or performance of a
power, duty or function under this Act.
37.Offences
(1)Any person who -
(a)provides a broadcasting
service without being licensed under this Act;
(b)contravenes the terms and
conditions of his licence;
(c)assigns or transfers his
licence without the written consent of the Authority;
(d)being summoned to attend a
hearing, give evidence or produce any document, record or other matter, fails to
do so;
(e)being an employee of the
Authority, owns or acquires an interest in the activities of a licensee;
(f)being a member or employee
specified in section 35, discloses, without any reasonable cause, to any person
anything that comes to his knowledge relating to any matter which is to be is
being or has been determined by a body specified in that section;
(g)otherwise contravenes any provision of this Act,
shall
commit an offence.
(2)Any person who commits an offence shall, on conviction, be liable to a
fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding 2
years.
38.Regulations
(1)The Authority may make such regulations as it thinks fit for the purposes
of this Act.
(2)The Authority may, by regulations, amend the Schedules.
(3)Any regulations made under subsection (1) may provide -
(a)for the levying of fees or
charges;
(b)that any person who
contravenes them shall commit an offence and shall, on conviction, be liable to
a fine not exceeding 100,000 rupees and to imprisonment for a term not exceeding
2 years.
39.Consequential amendments
(1)The Mauritius Broadcasting Corporation Act 1982 is amended -
(a)in section 3(3), by inserting immediately after the words "this Act"
the words "and the Independent Broadcasting Authority Act 2000";
(b)by repealing section 18.
(2)The Statutory Bodies (Accounts and Audit) Act is amended in Part II of
the Schedule by inserting the following body in its appropriate alphabetical
order -
Independent
Broadcasting Authority
40.Transitional provisions
(1)For the purposes of the Statutory Bodies (Accounts and Audit) Act, the
period extending from the commencement of this Act to 30 June next following
shall be deemed to be the first financial year of the Authority.
(2)Section 7(1) of the Statutory Bodies (Accounts and Audit) Act shall not
apply to the first financial year of the Authority.
41.Commencement
(1)Subject to sub section (2), this Act shall come into operation on a date
to be fixed by Proclamation.
(2)Different dates may be fixed for the coming into operation of different
sections of this Act.
Passed
by the National Assembly on the eighth day of August two thousand.
Private
commercial television broadcasting licence
Subscription
television broadcasting licence
Community
television broadcasting licence
----
SECOND
SCHEDULE
(sections 21, 24, 25)
CODE
OF CONDUCT FOR BROADCASTING SERVICES
1.Preamble
The
fundamental principle to be upheld is that the freedom of all broadcasting
licensees is indivisible from, and subject to, the same restraints as those
relevant to the individual person, and is founded on the individual's right to
be informed and to freely receive and disseminate opinions.
2.General
Broadcasting
licensees shall -
(a)not broadcast any material which is indecent, obscene or offensive to
public morals or offensive to the religious convictions or feelings of any
section of the population or likely to prejudice the safety of the State or the
public order or relations between sections of the population;
(b)not, without due care and sensitivity, present material which depicts
or relates to brutality, violence, atrocities, drug abuse and obscenity;
(c)exercise due care and responsibility in the presentation of programmes
where a large number of children are likely to be part of the audience.
3.News
(1)Broadcasting licensees shallreport
news truthfully, accurately and objectively.
(2)News shall be presented in the correct context and in a balanced manner,
without intentional or negligent departure from the facts, whether by -
(a)distortion, exaggeration or misrepresentation;
(b)material omission; or
(c)summarization.
(3)Only that which may reasonably be true, having due regard to the source
of the news, may be presented as fact, and such facts shall be broadcast fairly
with due regard to context and importance.Where a report is not based on fact or is founded on opinion,
supposition, rumors or allegations, it shall be presented in such manner as to
indicate clearly that such is the case.
(4)Where there is reason to doubt the correctness of a report and it is
practicable to verify the correctness thereof, it shall be verified.Where such verification is not practicable, that fact shall
be mentioned in the report.
(5)Where it subsequently appears that a broadcast report was incorrect in a
material respect, it shall be rectified forthwith, without reservation or delay.
The rectification shall be presented with such a degree of prominence and timing
as may be adequate and fair so as to readily attract attention.
(6)Reports, photograph or video material relating to matters involving
indecency or obscenity shall be presented with due sensitivity, due regard being
had to the prevailing moral climate.In
particular, broadcasting licensees shall avoid the broadcasting of obscene and
lascivious matter.
(7)The identity of rape victims and other victims of sexual violence shall
not be divulged in any broadcast without the prior consent of the victim
concerned.
4.Comment
(1)Broadcasting licensees shall be entitled to comment on and criticize
events of public importance.
(2)Comment shall be presented in such manner that it appears clearly to be
comment, and shall be made on facts truly stated or fairly indicated and
referred to.
(3)Comment shall be an honest expression of opinion.
5.Controversial issues of public importance
(1)In presenting a programmein
which controversial issues of public importance are discussed, a broadcasting
licensee shall make reasonable efforts to fairly present significant points of
view either in the same programmeor
in a subsequent programme forming part of the same series of programmes
presented within a reasonable period of time and in substantially the same time
slot.
(2)A person whose views have been criticized in a broadcasting programme on
a controversial issue of public importance, shall be given a reasonable
opportunity by the broadcasting licensee to reply to such criticism, should that
person so request.
6.Elections
During
any period starting, in respect of National Assembly Elections, on the day of
election and ending on the day poll is to be taken, all licensees shall comply
with such guidelines as shall be issued by the Authority.
7.Privacy
In
so far as both news and comment are concerned, broadcasting licensees shall
exercise exceptional care and consideration in matters involving the private
lives and private concerns of individuals, bearing in mind that the right to
privacy may be overridden by a legitimate public interest.
8.Paying a criminal for information
No
payment shall be made to persons involved in crime or other notorious behaviour,
or to persons who have been engaged in crime or other notorious behaviour, in
order to obtain information concerning any such behaviour, unless compelling
societal interests indicate the contrary.
THIRD
SCHEDULE
(section
31)
OATH
I..................,
being appointed Chairperson/Member/Director/employee of the Standards
Committee/Complaints Committee/Authority, do hereby swear/solemnly affirm that I
will, to the best of my judgment, act for the furtherance of the objects of the
Committee/Authority and shall not, on any account and at any time, disclose,
otherwise than with the authorisation of the Authority or where it is strictly
necessary for the performance of my duties, any confidential information
obtained by me in virtue of my official capacity.
