Daily Trust (Abuja)

Nigeria: The New Journalism Bill (5)

document

Abuja — A Bill for an Act to provide for the repeal of the Nigerian Press Council Act, 1992 and Establish the Nigerian Press and Practice of Journalism Council to promote high professional standards for the Nigerian press and deal with complaints emanating from members of the public about the conduct of journalists and media houses in their professional capacity, or complaints emanating from the press about the conduct of persons, organizations or institutions of government towards the press and for other matters connected therein sponsored by Rep. Abike Dabiri-Erewa

68. - (1) The owner or publisher of a newspaper, magazine or journal, shall submit to the Council not later than sixty days after the end of each year, a return on the performance of the newspaper, magazine or journal, in such form as may be specified by the Council, from time to time, restating its mission statement and objectives, any change its name of confirming, if the newspaper, magazine or journal has abided by its mission statement and objectives, and that the newspaper, magazine or journal has kept to the Code of Professional and Ethical Conduct in the discussion of issues of public interest. (2) Any owner or publisher of a newspaper, magazine or journal who fails to comply with the provision of subsection (1) of this section is guilty of an offence and is liable on conviction to a fine of N100,000.

PART XI-MISCELLANEOUS

69. The offices of the Minister of Information, Chief Press Secretary to the President, Vice President, President of the Senate, Speaker of the House of Representatives, Ministers, and the equivalents in the States and local governments council level, shall be reserved for registered and practicing journalists.

70. At least twenty-five per cent of board appointments in media establishments at all levels shall be reserved for registered and practicing journalist.

71. - (1) Only registered and licensed print and electronic media house shall be allowed to operate in the country. (2) Any breach of the provisions of this section shall constitute an offence punishable on conviction by a fine of not less than N500,000 or one-year imprisonment for the owner, and principal officers of the media houses concerned.

72. - (1) The council shall maintain a fund which shall consist of - (a) such monies, as may, from time to time, be provided by the Federal Government by war of grants; (b) such monies, as may be specified by the council to be provided, from time to time, by the Nigeria Union of Journalist, the Nigerian Guild of Editors, the Newspapers Proprietors Association of Nigeria and the Broadcasting Organisation of Nigeria; and (c) such monies, as may be received by the Council in relation to the exercise of its function under this act.

(2) The Council shall keep proper accounts and proper records in relation thereto and shall prepare in respect of each year a statement of its accounts. (3) The council shall, within six months after the end of each year of which the accounts relate, cause the accounts to be audited by the auditors appointed by the Council from the list and in accordance with the guidelines supplied by the Auditor-General for the Federation.

73. The council shall submit to the Minister not later than 30 September in each year a report on its activities during the preceding year which shall include a copy of the audited accounts of the council for that year and the minister shall cause the report to be laid before the President.

74. -(1) An application for documentation with the Council of a newspaper, magazine or journal shall be made in such form as may be prescribed by the council from time to time. (2) Notwithstanding the provisions of subsection (1) of this section, any person requiring the documentation of a newspaper, magazine, or journal shall submit- (a) brief mission statement and objectives of the newspaper, magazine or journal; (b) the title or name of the newspaper, magazine or journal (c) the full address of the location of the office of the newspaper, magazine or journal; (d) the name of the body corporate which owns or intends to publish the newspaper, magazine or journal ; (e) a copy of the certificate of incorporation; and (f) such other information as the Council may, from time to time require.

(3) The Council shall, pursuant to the provisions of subsection (1) of this section, have power to charge such administrative fees as may be determined from time to time.

75. -(1) The council shall document a newspaper, magazine or journal if it is satisfied that the requirements of section 30 of this Act have been met. (2) The documentation of a newspaper, magazine and journal under this Act shall be renewed every year.

76. The council shall cause to establish and maintained a register into which shall be entered the names and addressed of every newspaper, magazine or journal documented under this Act.

77. A copy of an entry in or an extract from the registered to section 76 of this Act purporting to be duly issued by the Councilor certified by any person appointed for that purpose by the council shall be received in evidence unless the contrary is proved be presumed contents of the documentation.

78. - (1) Notwithstanding the provision of section of this Act- (a) if the owner or publisher of a newspaper, magazine or journal, fails to makes the annual return of the performance of the newspaper, magazine or journal as required by this Act; or (b) a cause of action has been taken against owner or publisher of a newspaper magazine or journal by reason of that failure, the Council may, by notice signed by its chairman addressed to the owner or publisher require the owner or publisher to deliver forthwith or send to the Council the annual returns as required by this Act. (2) Any owner or publisher required by notice to deliver or send a copy of the returns on performance who fails to deliver or sent the annual returns is guilty of an offence and liable to conviction to a fine of N10,00 for everyday on which the offence continues.

PART XII-INTERPRETATION

79. In this Bill, unless the context otherwise requires- " Council" means The Nigerian Press and Practice of Journalism Council, otherwise called the Council of Journalism in Nigeria as established by section 1 of this Act; "Commission" means the Media Practitioners Complaint Commission (MPCC) established by this Bill; "Journalist" means any person (not being less than 18 year of age) engaged in the collection, processing and dissemination of information for use in the Press and who has been so registered by the Nigerian Union of Journalists; "Minister" means the minister charged with responsibility for information and "Ministry" shall be construe accordingly.

"Newspaper" includes a magazine, journal and any paper containing public news, intelligence or occurrences or an remarks, observations or comments printed therein either for sale or for in house purpose and published periodically or in parts of numbers; "News Agencies" means any agency engaged in the collection and dissemination of news, pictures and features; "Press" includes radio, television, wire services, newspaper, magazine and such other channels of communication involved in the collection and dissemination of information; "Radio and Television" includes electronic means of mass communication, which share in the formation of public opinion; "Editor" includes a person who is in charge of the journalist in mass circulation newspaper, magazine , journal, or electronic news medium or news agency who is responsible for making decisions about the contents; "News agent" includes a person who sells newspaper, whether for himself or on behalf of another in a shop, stall, or other structure whether movable or immoveable.

"Owner", "printer", "publisher" or "proprietor" means the body corporate which owns prints or published a newspaper or broadcasts through radio and television or operates electronic journalism, documented under this Act; "Reputable medium" means an organization that complies with the provision of the Bill and remains in operation consecutively for 5 years; "Reports" shall includes news, features, analysis, editorial comments, cartoons, other opinions; "General conditions of service" includes salaries, pensions, gratuities, adequate office accommodation, provision of modern communication equipment, prompt payment of transport claim, peculiarly allowance, provision of adequate medical facilities, etc. "Recognised institution" means government approved training institution of mass communication and journalists and other professional institutions recognized by the NPCP. "Anti- social Conduct" is any act which is not defined as a crime under any written law but which can be perceived as capable of lowering standards of public morality; "Professional Examination" as contained in this bill shall be prescribed Board of studies set up by the Nigeria Press Council and the Practice of Journalism (NCPC) Examination Board for that purpose; "Public Information" shall be any information, data document relating to the conduct of government business all levels and business transactions of public companies; "Unhindered Access" as contained in the Bill shall mean full liberty to government and public information, "Community Newspaper" shall means a news publication whose circulation is limited to a village, town or city.

80. The Nigerian Press Council hereby repealed.

81. This Act may be cited as the Nigerian Press council and the Practice of Journalism in Nigeria.

SUPPLEMENTARY Provisions relating to the Council

-The chairman shall hold office of a period of four years and shall be eligible for reappointment for another period of four years and no more

-Members of the Council specified in subsection (2) of this Act, shall each hold office for four years and shall be eligible for reappointment for another period of four years.

2-(1)The chairman may be notice addressed to the President, resign its appointment and any member of the Council refereed to in paragraph 1 (2) of this schedule may, be notice addressed through minister to the body that nominated him indicate his intension to resign his appointment (2) Where a member of the council ceases to hold office before the date when his term of office would have expired by affluxion of time, in accordance with paragraph 1 (2) of this schedule.

3. -(1) Subject to this Act and to section 27 of the Interpretation Act, the Council may make standing orders relating to the proceedings of the Council and any committee thereof.

At any meeting of the council, the chairman or in his absence the Vice Chairman shall preside at the meeting.

Where the council desires t obtain the advice of any person on particular matter the council may co-opt him as a member of such a period as it thins fit but a person who us a member by virtue of this subparagraph shall not entitle to vote at any meeting of the council an shall not count towards quorum.


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