CHAPTER 61:09
MEDIA PRACTITIONERS

 

ARRANGEMENT OF SECTIONS

 

   SECTION

 

 

 

PART I
Preliminary

 

   1.   Short title

 

   2.   Interpretation

 

 

 

PART II
Establishment and Membership of the Council

 

   3.   Establishment of Council

 

   4.   Independence of Council

 

   5.   Objects of Council

 

   6.   Registration and accreditation of resident media practitioners

 

   7.   Membership of Council

 

   8.   Tenure and termination of membership

 

 

 

PART III
Conduct of Media Practitioners

 

   9.   Code of Ethics

 

   10.   Right to reply

 

 

 

PART IV
Committees

 

   11.   Complaints Committee

 

   12.   Complaints may be lodged with Council

 

   13.   Reference to Complaints Committee

 

   14.   Ruling of Complaints Committee

 

   15.   Appeals Committee

 

   16.   Tenure of office of members

 

   17.   Disqualification, resignation or removal

 

   18.   Executive Committee of Council

 

   19.   Tenure of office of members of Executive Committee

 

   20.   Disqualification from Executive Committee

 

   21.   Vacation of office, resignation or removal

 

   22.   Remuneration of committee members

 

   23.   Appointment of other committees and delegation of powers

 

 

 

PART V
Management and Staff of the Council

 

   24.   Chief executive

 

   25.   Other staff of Council

 

 

 

PART VI
Meetings of the Council

 

   26.   Ordinary general meetings

 

   27.   Special general meetings

 

   28.   Minutes of meetings

 

 

 

PART VII
Miscellaneous Provisions

 

   29.   Competition

 

   30.   Disclosure of interest

 

   31.   Accounts to be kept

 

   32.   Funds of Council

 

   33.   Financial year of Council

 

   34.   Annual reporting

 

   35.   Role of Minister

 

   36.   Transitional provisions

 

   37.   Regulations

 

   38.   Regulations to be made by the Minister

 

 

Act 29, 2008.

An Act to establish a Media Council for Botswana for the purpose of preserving the maintenance of high professional standards within the media and to provide for matters related thereto.

[Date of Commencement: 31st December, 2008]

PART I
Preliminary (ss 1-2)

 

1.   Short title

   This Act may be cited as the Media Practitioners Act.

 

2.   Interpretation

   In this Act, unless the context otherwise requires-

   "Appeals Committee" means the Appeals Committee appointed under section 15;

   "chairperson" means the chairperson of the Executive Committee;

   "committee" means a committee appointed by the Council under section 23;

   "Complaints Committee" means the Complaints Committee established under section 11;

   "Council" means the Media Council established under section 3;

   "Executive Committee" means the governing body of the Council elected under section 18 (2);

   "media practitioner" means a person engaged in the writing, editing or transmitting of news and information to the public, and includes a broadcaster under the Broadcasting Act, a journalist, editor or publisher of a publication and the manager or proprietor of a publication or broadcasting station;

   "member" means a member of the Council but excludes an associate member;

   "notice" includes an instrument made by statutory instrument;

   "publication" includes all print, broadcast and electronic information which is published;

   "published" means issued for distribution, by sale or otherwise; and

   "publisher" means a media institution or a person who is responsible for the production of a publication.

PART II
Establishment and Membership of the Council (ss 3-8)

 

3.   Establishment of Council

   (1) There shall be a Council, to be known as the Media Council.

   (2) The Council shall be a body corporate with perpetual succession, capable of suing and being sued in its own name.

   (3) The Council shall have a common seal and may hold, acquire and dispose of any movable or immovable property.

 

4.   Independence of Council

   The Council shall operate without any political or other bias or interference, and shall be wholly independent and separate from the government, any political party or any other body.

 

5.   Objects of Council

   The objects of the Council are-

 

   (a)   to preserve media freedom;

 

   (b)   to uphold standards of professional conduct and promote good ethical standards and discipline among media practitioners;

 

   (c)   to promote the observance of media ethics in accordance with the Code of Ethics issued by the Council under section 9 (1);

 

   (d)   to promote public awareness of the rights and responsibilities of media practitioners, through such outreach programmes as may be established;

 

   (e)   to establish links with similar organisations within and outside Botswana;

 

   (f)   to monitor the activities of media practitioners;

 

   (g)   to receive complaints directed against media practitioners;

 

   (h)   to bring together media practitioners and other media stakeholders in Botswana, with a view to exchanging information, sharing ideas and dealing with any challenges facing the development of the media industry;

 

   (i)   to register and accredit resident media practitioners;

 

   (j)   to issue accredited resident media practitioners with identity cards;

 

   (k)   to maintain a media register;

 

   (l)   to seek financial and other assistance for the operations of the Council;

 

   (m)   to sponsor training in media work and advise on matters pertaining to the education and training of media practitioners; and

 

   (n)   to undertake such research into the performance of the media as may be consistent with the furtherance of the Councils objectives.

 

6.   Registration and accreditation of resident media practitioners

   (1) A resident media practitioner shall be registered and accredited by the Executive Committee.

   (2) An application for registration and accreditation shall be made in accordance with the regulations made by the Executive Committee.

 

7.   Membership of Council

   (1) The membership of the Council shall consist of all publishers of news and infor

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