CONSTITUTION
OF THE
NAMIBIA EDITORS' FORUM
1.
PREAMBLE
1.1
Namibia’s senior print and electronic media editors and media educators have
formed an association to be known as the Namibia Editors' Forum (“NEF") and
this association and the members thereof commit themselves to a program of
action to defend and promote media freedom, diversity and independence.
1.2
This document comprises the constitution of NEF. NEF is an affiliate of the
Southern Africa Editors’ Forum (SAEF).
1.3
NEF is founded on the belief and understanding that:
1.3.1
Public and media scrutiny of the exercise of political and economic power
is essential for the promotion of the values of democracy, development
and human rights.
1.3.2
Namibian laws relating to the operation of media should be consistent
with the Constitution of the Republic of Namibia, the relevant provisions
of Universal Declaration of Human Rights, the media principles contained
in the Declaration of Windhoek (1991) and all other regional and
international instruments, in their protection of freedom of expression and
media freedom.
1.3.3
Media practitioners and media owners have a duty to work to the
highest professional standards and ethics.
1.3.4
Journalists and media educators have a duty to embrace a learning
culture by committing themselves to ongoing education and training.
2.
ESTABLISHMENT
The NEF shall be a non-profit, non-governmental and voluntary organisation.
3.
LEGAL PERSONALITY AND STATUS
3.1
NEF shall be a juristic person with perpetual succession notwithstanding
changes in the composition of its membership or office bearers and
capable of acquiring and disposing of rights (including the right to moveable
and immovable property), of incurring obligations, of entering into legal
transactions and of suing and being sued in its own name, and for all purposes
to have an identity and existence distinct from its members or office bearers.
3.2
The members or office bearers of NEF shall have no rights in the property
or other assets of the organisation solely by virtue of their being members or
office bearers, and the organisation’s income and property shall not be
distributable to its members or office bearers, except as reasonable
compensation for services rendered.
4.
THE OBJECTIVES OF THE NEF
4.1
The principal objectives of NEF shall be:
4.1.1
To promote the common interests of its members, which shall include, but
shall not be limited to, the beliefs described in the Preamble to this
Constitution and in the ancillary objectives listed in Article 4.2 of this
Constitution.
4.1.2
The principal objectives of NEF shall be promoted by any means
authorised by the constitution, but will specifically exclude:
4.1.2.1 any trading or other profit making activities;
4.1.2.2 the provision to any of its members of financial assistance or any
premises or continuance services or facilities required by its
members for the purpose of carrying on any business, profession
or occupation.
4.2
The ancillary objectives of the NEF shall be to:
4.2.1
nurture and deepen media freedom as a democratic value at all levels of
the Namibian society;
4.2.2
encourage members to adhere to the Code of Ethics as set out
in Schedule I of the Constitution;
4.2.3
encourage and establish a self-regulatory process in respect of
grievances and complaints by members of the public against
members of media.
4.2.4
foster solidarity among journalists and to promote cooperation in all
matters of common concern between the print and other media;
4.2.5
address and redress imbalances prevalent in media organizations in
Namibia, including those based on race, colour, sex, gender, language,
religion, political or other opinion, nationality, ethnic or social origin,
disability, property, birth or other status and to encourage the equitable
spread of media ownership;
4.2.6
promote media diversity in the interests of fostering maximum
expression of opinion;
4.2.7
help aspiring and practicing journalists to acquire or develop new skills
and professional depths through media education programs;
4.2.8
promote and uphold principles, rules and regulations guaranteeing
professional freedom and independence in broadcast media and all
media funded by public authorities;
4.2.9
encourage government to ensure transparency and openness in
administration and to demand and promote laws ensuring maximum
freedom of information;
4.2.10
encourage both public and private media enterprises to ensure
transparency of ownership and funding and to respond to public
criticism and complaints;
4.2.11
defend media freedom and related rights through all possible means,
utilising every available media and other institution;
4.3
NEF shall endeavour to apply for exemption of payment of income tax and
to remove any taxes that could impinge on the right to receive and impart
information as provided for in the Namibian Constitution.
5.
POWERS OF THE NEF
5.1
With a view to achieving the aforementioned objectives as set out in clause 4
above, NEF shall be empowered to:
5.1.1
encourage programs for corrective action and a transformation of
culture within news organizations;
5.1.2
compile and circulate regular progress reports and establish a
database;
5.1.3
investigate and recommend industry guidelines and targets;
5.1.4
conduct media education and training programs;
5.1.5
make education and training integral to corrective action;
5.1.6
encourage liaison between industry and teaching institutions and
promote industry commitment to these institutions;
5.1.7
research and report on media education and training needs and
teaching activities in the region in regard to quality and relevance of
trainers, materials, infrastructure and students;
5.1.8
monitor the process of accreditation of journalists and journalism
programs in line with the rights, charter and constitutional principles of
the Republic of Namibia and work with other public and private
institutions set up for this purpose;
5.1.9
hold conferences, meetings and seminars as the need may arise on
issues relating to the objectives set out in clause 4 above;
5.1.10
publish media of various kinds in the furtherance of the objectives;
5.1.11
engage in research into various issues affecting the media, in
partnership with organisastions with similar objectives and interests;
5.1.12
monitor legislative and judicial activities, and take steps to intervene or
to attempt to bring about changes where it is deemed by NEF to be in
the interests of furthering its objectives. In this regard NEF shall be
empowered to provide practical assistance in litigation on matters
affecting the objectives as set out above;
5.1.13
co-operate with national, regional and international organisations who
have objectives similar to those set out in clause 4 above, or with any
organisation with whom co-operation could further the objectives of
NEF; and
5.1.14
do all things incidental to the above-mentioned powers that are
desirable and necessary in order to achieve the objectives of NEF.
6.
MEMBERSHIP
6.1
ACQUISITION OF MEMBERSHIP
6.1.1
Membership of NEF shall be open to any person in Namibia who is a senior
editorial executive in the print or other media, including newspapers, magazines,
other publications, radio and television, on-line news media, community media
and to people of similar status in tertiary media education.
6.1.2
For the purposes of this Constitution, “senior editorial executive" shall be defined
as a person with executive or managerial responsibilities over the editorial
content of a media product.
6.1.3
Membership shall be conferred by the Executive Committee of the NEF in
accordance with criteria established, and only after recommendation by the NEF
sub-Committee on Membership, Discipline and Corrective action, subject to the
following: prospective members shall be proposed and seconded by fully paid up
member of the NEF;
6.1.4
Membership shall be voluntary and members shall belong to NEF in their
individual capacity.
6.1.5
The members will pay annual membership fees. The amount to be paid will be
determined by the Executive Committee of NEF from time to time.
6.1.6
The liability of any member for the obligations of NEF shall be limited to the
amount of any subscription that may be due and owing at the time that the
obligation of the NEF arose, and the members shall not become liable for any of
the obligations or liabilities of the NEF solely by virtue of their status as members
of the organisation.
6.2
SUSPENSION AND TERMINATION OF MEMBERSHIP
6.2.1
The NEF sub-Committee on Membership, Discipline and Corrective action may
suspend any member pending an investigation into an alleged breach of the aims
and objectives of the NEF.
6.2.2
A suspended member shall have the right of a fair hearing within a reasonable
time before further action is instituted.
6.2.3
The NEF sub-Committee on Membership, Discipline and Corrective action may
expel any member after an impartial investigation has found, on a balance of
probabilities, that the member has breached the aims and objectives of the NEF.
6.2.4
Any such expelled party shall have the right to appeal the decision. Such appeal
shall be decided by a majority of the members of the Executive Committee of the
NEF and the outcome shall be final.
6.2.5
If any member shall fail to pay the appropriate subscription for a period of six
months after it has fallen due, his or her membership shall automatically lapse
without prejudice to the members' right to apply for re-admission on payment of
the subscription fee.
6.9
Any member may resign at any time in writing.
7.
STRUCTURES
7.1
ANNUAL GENERAL MEETING
7.1.1
The supreme policy-making authority of NEF shall be the Annual General Meeting
that shall consist of all paid-up members.
7.1.2
The NEF shall hold an annual general meeting of all its members at least once in
every year at a place that shall be determined by the Executive.
7.1.3
All members shall be given at least three weeks notice of every annual general
meeting.
7.1.4
The business of the annual general meeting shall be as follows:
7.1.4.1 to receive annual reports from the Executive;
7.1.4.2 to approve and adopt the financial statements;
7.1.4.3 to appoint auditors;
7.1.4.4 bi-anually, to elect members to the Executive; and
7.1.4.5 to transact any other relevant business.
7.1.5
The Chairperson of the Executive may summon an extra-ordinary general
meeting such meeting is requested by not less than 20% of the members of
NEF; provided that members of NEF shall be furnished with not less than three
weeks notice in writing of the meeting, and the business to be dealt with thereat.
7.1.6
The quorum for an Annual General Meeting or extra-ordinary general meeting
shall be 50% of the total number of paid-up members.
7.1.7
Members shall endeavour to reach decisions by consensus but if this is not
possible decisions shall be taken to the vote.
7.1.8
Voting shall take place by show of hands, unless 20% of the members present
who is entitled to vote requests a secret ballot in which case the Chairperson
shall order a poll by secret ballot.
7.1.9
Each member shall have one vote and decisions, other than as otherwise
provided for in this Constitution, shall be taken by way of simple majority. In the
case where there is a deadlock in votes, the Chairperson shall have the final and
casting vote.
7.1.10 A notice shall be deemed to have been sufficiently dispatched and forwarded in
writing, including email, to a member at the number or last address as provided
by such member to the Secretary and in the case of a posted notice shall be
deemed to have reached such Forum member ten days after the date of posting
or on the.
7.2
THE EXECUTIVE COMMITTEE
7.2.1
The overall management of NEF shall be vested in the Executive Committee of
NEF (hereinafter called “the Executive”) which shall consist of a Chairperson, a
Vice Chairperson, a General Secretary, a Treasurer, and two other members
whose election must conform with the ideals of the SADC Protocol on Gender
and must be as inclusive, as far as possible of all media disciplines.
7.2.2
Except for the first members of the Executive, all other members of the
Executive Committee shall be elected at an Annual General Meeting of NEF and
shall hold office for a maximum of two consecutive terms of office of 2 years.
7.2.3
The Executive shall meet at least once per quarter and the quorum for any
meeting of the Executive shall be one half of its members.
7.2.4
Meetings of the Executive shall be summoned by the Chairperson at his or her
own instance or if at least three members of the Executive request such a
meeting in writing.
7.2.5
The Executive may appoint individuals or committees to advise it and the NEF.
Such individuals or committees may be invited to attend meetings of the NEF or
the Executive but shall not have the right to vote at such meetings.
7.2.6
The Executive shall appoint an Executive Director (hereinafter called “the
Director”), on such terms and conditions which the Executive may determine
from time to time, who shall have responsibility for the day to day running of the
NEF and who shall be an ex officio member of the Executive.
7.2.7
The Executive and Director shall not distribute any of NEF’s assets or income
other than in order to achieve the objectives for which it has been established.
7.2.8
The Executive shall have the power to dismiss or discipline any employees of the
NEF, and may delegate this power to the Director.
7.2.9
The Executive shall open and operate a bank account in the name of NEF and all
financial transactions shall be conducted through the said banking account.
Signatories for the account shall be the Director and/or the Chairperson together
with either the Treasurer and/or the General Secretary.
7.2.10 The Executive shall cause proper accounting records to be kept as are necessary
fairly to present the state of affairs and business of NEF and to explain the
transactions and the financial position of the business of NEF. The accounting
records shall be kept at the main place of business of NEF or at such other place
or places as the Executive thinks fit to allow examination by members and cooperating
partners. The accounting records shall annually be audited by an
external firm of auditors appointed by the Annual General Meeting.
7.2.11 The Secretary General shall open a minute book in which minutes of the annual
general meetings, extra-ordinary meetings and meetings of the Executive shall
be minuted and recorded.
7.3
THE DIRECTOR
7.3.1
The Director shall be responsible for the implementation of policy and the
administration of the NEF as directed by the Executive.
7.3.2
The Director shall report on the activities and financial and other affairs of the
NEF at the annual general meeting.
7.4
SUB-COMMITTEES
7.4.1
The Executive may act and decide on the following issues or establish the
following standing sub-committees:
7.4.1.1 Membership, discipline and corrective action;
7.4.1.2 Education, training, ethics and professionalism; and
7.4.1.3 Media monitoring, legal issues and research.
7.4.2
The Annual General Meeting and the Executive may appoint such other subcommittees
to perform specific tasks on their behalf as required.
7.5
MEDIA COMPLAINTS PROCESS
7.5.1
There shall be a Media Ombudsman, a Media Complaints Committee
and a Media Appeals Chairperson established for the purposes of
receiving and adjudicating on complaints by members of the public
against members of the NEF.
7.5.2
The appointment of the Ombudsman, members of the Media
Complaints Committee and Media Appeals Chairperson, and the
procedure of adjudicating the complaints are set out in Schedule II of
this Constitution.
8. AMENDMENT OF THE CONSTITUTION
Any clause of the constitution may be amended by a resolution passed by a two thirds
majority of voting members present in person at an annual general meeting or special
extra-ordinary meeting provided that at least three weeks notice of the meeting,
specifying the proposed constitutional changes, is given to all members.
9.
FINANCIAL YEAR END
NEF’s financial year shall be from 1 January to 31 December of each year.
10.
DISSOLUTION
10.1
The NEF may be dissolved by a resolution of two thirds of voting members
present at an annual general meeting or extra-ordinary meeting of NEF provided
that the notice of the proposed resolution is given to NEF members not less than
three weeks before the date of the meeting. The Chairperson shall forthwith
upon receipt of the notice, advise all members of the proposed resolution.
10.2
If a resolution is duly passed for the dissolution of NEF, or if for any reason NEF
ceases to exist, its assets, after payments of its debts, shall devolve upon such
institution decided upon by the Executive, provided that the institution shall also
be a not-for-profit organisation having similar objectives as the NEF.
Schedule I
Code of Ethics for the Namibian Media
Preamble
All members of the media have a duty to maintain the highest professional and ethical
standards. This Code sets the benchmark for these standards. It both protects the
rights of the individual and upholds the public’s right to know.
The Editors, publishers, broadcasters and their staff shall uphold the Bill of Rights and
Fundamental Freedoms as contained in Chapter III of the Namibian Constitution in the
exercise of their duties and function.
The Code is the cornerstone of the system of self-regulation to which the industry has
made a binding commitment. Editors, publishers and broadcasters must ensure that the
Code is observed rigorously not only by their staff but also anyone who contributes to
their publications or broadcasts.
It is essential for the workings of this Code that both its letter and sprit is honoured by
editors and journalists.
The Code should not be interpreted so narrowly as to compromise its commitment to
respect the rights of the individual, nor so broadly that it prevents publication or
broadcasting in the public interest.
It is the responsibility of editors, publishers and broadcasters to co-operate with the
Media Ombudsman to ensure the speedy resolution of complaints.
Any publisher or broadcaster that is found guilty of contravening this Code, by the
Media Ombudsman, must print or broadcast the adjudication which follows in full and
with due prominence.
Ethical Principles
1.
Accurate Reporting
1.1
Every journalist shall strive to report news and events accurately, fairly and with
balance.
1.2
Every journalist is encouraged to engage in investigative journalism for the public
good.
1.3
Every journalist shall use all reasonable means within his / her power to
ascertain prior to publication or broadcast, the reliability of the contents of any
article written or recorded by him / her for publication or broadcast. Due regard
should be given to the possible negative effect to the subject of the article or
broadcast.
1.4
A newspaper or broadcaster must report fairly, accurately and with due
prominence the outcome of an action for defamation to which it has been a
party.
2.
Corrections
Where it subsequently appears to an Editor that a report was incorrect in a material
respect, it shall be rectified without reservation or delay. The rectification should be
presented with such a degree of prominence and timing as may be adequate and fair so
as to readily attract attention.
3.
Right of Reply
3.1
An aggrieved party has the right of reply. Provision should be made for an
aggrieved party to reply to an article to protect him / her against verified
factually incorrect statements that tarnish their reputation, dignity and privacy.
3.2
Newspapers, broadcasters or journalists are entitled to respond to such a reply in
so far as to apologise and / or express regret for the error or stand by the story,
provided however that the aggrieved party be given sufficient opportunity to
counter the response of the newspaper, broadcaster or journalist.
4.
Conflict of Interest
4.1
Newspapers, broadcasters or journalists must at all times avoid conflict of
interest in whatever form in their reporting.
4.2
Personal gain motive should not override media freedom, social responsibility
and editorial freedom.
5.
Sources
Every journalist shall observe confidentiality regarding any source of information and
has a moral obligation to protect sources unless the source authorises the disclosure of
his / her identity.
6.
General Reporting
6.1
The media should strive to represent social reality in all its diversity, complexity
and plurality, and shall strive to redress imbalances in society when reporting on
women, children, minorities, and the under-privileged and disabled persons.
6.2
The media should not without due care and sensitivity, present facts, opinions,
photographs, graphics or scenes that depict or relate to brutality, sadism,
salacity, violence, atrocity, drug abuse and obscenity except in the public
interest.
6.3
In reporting or causing to be printed or broadcasted accounts of crimes or
criminal cases, a journalist shall not:
6.3.1 Identify victims of sex crimes (this shall not apply when an
adult gives consent to be identified); or
6.3.2 Identify any young person accused of a criminal offence who
to his / her knowledge is underage; or
6.3.3 Identify any person as being a relative of a person accused
or convicted of a crime for the sole purpose of informing the
reader or viewer of the relationship between the person so
named, and the person charged, unless the public interest
would be served by the publication or broadcast of such
information.
6.4
A journalist shall not commit plagiarism.
6.5
A journalist shall not promote ethnic or religious discord or violence.
6.6
Journalists must avoid publishing or broadcasting details of a person’s race,
religion, sexual orientation, physical or mental illness or disability unless these
are directly relevant to the story and in the public interests.
6.7
Even where the law does not prohibit it, journalists must not use for their own
profit information they receive in advance of its general publication or broadcast,
nor should they pass on such information for the profit of others.
6.8
While a journalist is entitled to have his own political and other opinions, the
newspaper or broadcaster must recognise and give due consideration to the
opinions of others in the community.
7.
Public Interest
7.1
The “public interest” includes, but are not limited to:
7.1.1
Detecting or exposing crime or a serious misdemeanour.
7.1.2
Protecting public health, safety and the environment.
7.1.3
Preventing the public from being misled by some statement or action of
an individual or organisation.
7.1.4
Exposing misuse of public funds or other forms of corruption by public
bodies.
7.1.5
Revealing potential conflicts of interest by those in positions of power and
influence.
7.1.6
Exposing hypocritical behaviour by those holding high office.
7.2
In each case where the public interest is invoked, the Media Ombudsman will
require a full explanation by the editor demonstrating how the public interest
was served.
7.3
In cases involving children, editors must demonstrate an exceptional degree of
vigilance to serve the best interest of the child.
8.
Privacy
8.1
The Constitution recognises the Right to Privacy as a fundamental human right of
all persons.
8.2
Insofar as both news and comment are concerned, the media shall exercise
exceptional care and consideration in matters involving the private lives and
concerns of individuals, bearing in mind that the rights to privacy may be
overridden by a legitimate public interest.
9.
Harassment
Journalists including photo-journalists must neither obtain nor seek to obtain
information or pictures through intimidation or harassment of any person.
10.
Intrusion into Grief or Shock
In cases involving personal grief or shock, enquiries should be carried out and
approaches made with sympathy and discretion. Publication or broadcast must be
handled sensitively at such times. This should however not be interpreted as restricting
the right to report on judicial proceedings.
11.
Misrepresentation
11.1
Journalists, photographers and camera men must not generally obtain or seek to
obtain information through misrepresentation or deception.
11.2
Documents, photographs or video material should be removed only with the
consent of the owner.
11.3
Misrepresentation or deception can be justified only in the public interest and
only when material cannot be obtained by any other means.
12.
Dignity
12.1
Every journalist shall safeguard the dignity of his profession.
12.2
Every journalist shall respect the right to dignity and equality of all persons.
13.
Payment for Articles
13.1
Payment or offers of payment for stories or information must not be made
directly or through agents to witnesses or potential witnesses in current criminal
proceedings, except where the material concerned ought to be published or
broadcast in the public interest and there is an overriding need to make or
promise to make a payment for this to be done.
13.2
Payments or offers of payment for video material, stories, pictures or
information, must not be made directly or through agents to convicted or
confessed criminals or their associates, who may include family, friends and
colleagues, except where the material concerned ought to be published in the
public interest and payment is necessary for this to be done.
13.3
Journalists should not accept excessive gifts or freebies where it could
compromise professional accountability.
14. Broadcasters
In addition to the foregoing general provisions, the following apply specifically to
broadcasters.
14.1 Violence, sex, offensive language
14.1.1 Broadcasters have a particular responsibility to take care when it comes to
showing scenes of violence, brutality, sadism, salacity, atrocity, drug abuse and
obscenity.
14.1.2 Programming shall not glamorize violence. No incitement to violence shall be
broadcast.
14.1.3 It is understood that serious discussions of some topics may sometimes
require the inclusion of material that would otherwise be seen as
unacceptable.
14.2 Children
14.2.1 Broadcasters shall not broadcast material unsuitable for children at times
when
significant numbers of children may be expected to be part of the audience
14.2.2 Broadcasters shall exercise particular caution in the depiction of violence in
children’s programming.
14.2.3 Programming for children shall with due care deal with themes which could
invite children to imitate dangerous acts.
14.3 Watershed periods, audience advisories and parental controls
14.3.1 Free-to-air broadcasters shall observe a “watershed period” between 9pm
and 5am. During this time, more adult content may be broadcast. Outside
this time, content shall take the children in the audience into account.
Subscription broadcasters shall observe a “watershed period” between 8pm and
5am.
14.3.2
Broadcasters shall ensure that promotional material for programmes
intended for adult audiences does not breach the provisions around the
watershed periods.
14.3.3 To assist audiences in choosing
programmes, broadcasters shall provide
advisory assistance, which may include guidelines as to age. This shall be
done where broadcasts contain violence, sexual conduct and/or offensive
language. Such advisories shall be made available in hard copy and
electronic programme guides, before the beginning of the relevant programme
or segment and wherever else necessary.
14.3.4 A subscription broadcaster must, wherever practicable, implement
adequate
parental control mechanisms to enable a subscriber to block a programme
the subscriber deems unsuitable for family viewing.
15.
Amendments
15.1
The Editors’ Forum shall annually review this Code.
15.2
No amendment to this Code shall be binding unless approved by a two thirds
majority of members of the Editors Forum present at a general or special
meeting called for this purpose. Any amendments must be incorporated into the
Code within three weeks of its approval.
Schedule II
Complaints Procedures under this Code
1.
Introduction
1.1
The Namibia Editors’ Forum and the Media Ombudsman (“the
Ombudsman”) shall ensure that all complaints are considered and adjudicated
upon within the shortest possible time after the publication or broadcast of the
matter giving rise to the complaint.
1.2
Complaints shall be considered and adjudicated upon in a user-friendly
manner.
1.3
The Ombudsman and the Media Appeals Chairperson (“the Appeals
Chairperson”) shall be appointed by the Editors’ Forum, by a majority of
members present at an ordinary or special meeting called for this purpose, from
a list of candidates nominated by the public.
1.4
The Ombudsman shall be a Namibian citizen with a high level of
integrity, knowledge of the Namibian media landscape and an
efficient administrator.
1.5
The Appeals Chairperson shall be a retired judge or magistrate with
knowledge of the Namibian media landscape.
1.6
The public shall nominate a panel of persons to serve on the Media
Complaints Committee from both the general public and the media. The
Editors’ Forum, by a majority of members present at an ordinary or special
meeting called for this purpose, shall appoint twelve persons, six from the
general public and six from the media, from the candidates nominated by the
public. Of the media representatives, three shall be from print and three from
broadcasting. The panel members so appointed shall serve a renewable term of
two years on the Media Complaints Committee.
1.7
The Editors’ Forum shall call for public nominations within three months should
the Ombudsman, Appeals Chairperson or a panel member the Media
Complaints Committee resign, dies or become of unsound mind.
1.8
The Editors’ Forum and the Ombudsman may approve and implement
additional guidelines for the adjudication of complaints and appeals.
2.
Complaints
2.1
"Complainant" shall mean and include any person who or body of persons which
lodges a complaint, provided that such person or body of persons has a direct,
personal interest in the matter complained of.
2.2
The "respondent" in respect of a complaint shall be the proprietor of the
publication, radio or television station which may delegate its editor or, in his or
her absence, an assistant editor or other suitable editorial representative of the
member concerned, to act and appear in its stead in respect of any complaints
dealt with by the Ombudsman.
2.3
A complaint shall be made as soon as possible, but not later than fourteen
days after the date of the publication or broadcast giving rise to the
complaint. The Ombudsman may on reasonable grounds accept late
complaints if in his or her opinion there is good and satisfactory explanation
for the delay.
2.4
The complaint shall be made to the Ombudsman either in person, by
telephone or in writing. "Writing" shall include telegram, telex, e-mail and fax
messages. Upon the receipt of a complaint by the Ombudsman, the
Ombudsman shall be entitled to request from the complainant a copy of the
material published or broadcast giving rise to the complaint, and the
complainant shall be obliged to forward such a copy to the Ombudsman
forthwith. If the matter relates to broadcast material, the respondent shall
be obliged to assist the Ombudsman obtain the relevant material.
2.5
The Ombudsman shall not accept a complaint:
2.5.1
Which is anonymous or which, in his or her opinion, is fraudulent,
frivolous, malicious or vexatious and which prima facie falls outside the
ambit of the Code;
2.5.2
Unless the complainant in writing waives any right to claim civil relief
of whatsoever nature directly or indirectly related to or arising out of the
complaint;
2.5.3
Which is directed at a newspaper, radio or television station outside
his or her jurisdiction.
2.6
Where the Ombudsman has accepted a complaint and the respondent offers
to settle the matter complained of by way of publication, broadcast or otherwise,
which in the opinion of the Ombudsman constitutes a reasonable and sufficient
offer of settlement of such complaint, the Ombudsman may withdraw his or her
acceptance of the complaint.
3.
Conciliation and Adjudication Procedure by the Ombudsman
3.1
Upon acceptance of a complaint by the Ombudsman, he or she shall
immediately notify the respondent in writing of the complaint, giving
sufficient details to enable the respondent to investigate the matter and
respond.
3.2
The Ombudsman shall forthwith endeavour to achieve a settlement
between the parties.
3.3
The Ombudsman shall hold discussions with the parties on an informal basis
with the object of achieving a speedy settlement. Legal representation is
permitted.
3.4
If the complaint is not settled within 14 days of its notification to the
respondent, the Ombudsman may, if it is reasonable not to hear the
parties, decide the matter on the papers. Where the Ombudsman decides to
hold a hearing, the Ombudsman shall appoint a public and a media member of
the Media Complaints Committee to adjudicate the matter with him or her at the
hearing. If the complaint is against a newspaper or magazine, the media
representative selected for the panel shall be from print. If it is against a TV or
radio broadcaster, the media representative shall be from broadcast. Decisions
shall be by a majority vote. Legal representation shall be permitted at hearings.
3.5
Within 7 days of receipt of the decision, any one of the parties may appeal
to the Appeals Chairperson and the grounds of appeal shall be fully set out.
3.6
The application and grounds of appeal must be filed at the Ombudsman's office.
3.7
The Ombudsman shall inform the other party of the appeal and shall advise the
party that he or she may file a response to the appeal within 7 days of receipt
thereof.
4.
Appeal Procedure to the Media Appeals Chairperson
4.1
The Ombudsman shall place before the Appeals Chairperson all the
documentation that he or she had before him or her and the Ombudsman shall
also inform both parties of the date and venue of the appeal hearing.
4.2
The Appeals Chairperson shall determine a date, time and venue for
adjudication of the appeal, which shall be heard as soon as possible after receipt
by him or her of the documents referred to in rule 4.1.
4.3
It shall not be obligatory for either party to appear personally before the
Appeals Chairperson, but they are entitled to attend and to address the
Appeals Chairperson which is, in any case, entitled to question them on the
matter, provided that a respondent is not under a duty to disclose the
identity of an informant.
4.4
The Appeals Chairperson may request the parties to appear personally. He
/she shall advise parties that, in the circumstances, an adverse inference may
be drawn from failure to comply with such request without good cause.
4.5
The parties shall be entitled to legal representation when appearing before the
Appeals Chairperson.
4.6
If the Appeals Chairperson finds against a respondent who is present, the
respondent shall be given an opportunity to address him / her in mitigation of
any order that may be made.
4.7
The hearings of the appeal shall be open to the public unless the identity of a
rape or sexual victim or a child or a victim of extortion is at issue.
5.
Variation of Procedure
The Ombudsman or Appeals Chairperson may, if satisfied that no injustice will result,
and upon such conditions as he or she may impose:
5.1. Extend any time period contemplated in these rules;
5.2. At any stage require any allegation of fact to be verified on oath;
5.3. Call upon the parties to a dispute to furnish such further information
as he or she may consider necessary.
6.
Findings of the Media Complaints Committee and the Appeals
Chairperson
6.1
The Media Complaints Committee or the Appeals Chairperson may uphold or
dismiss a complaint or appeal, as the case may be.
6.2
If a finding is made against a member of the Editors’ Forum or a publication
that has voluntarily become subject to the Code of Ethics, the Media Complaints
Committee or the Appeals Chairperson, as the case may be, may make any one
or more of the following orders against the proprietor of the publication, radio or
television station:
6.2.1
Caution or reprimand a respondent;
6.2.2
Direct that a correction, retraction or explanation and, where
appropriate, an apology and/or the findings of the Media Complaints
Committee be published or broadcast by the respondent in such
manner as may be determined by the Media Complaints Committee
or the Appeals Chairperson, as the case may be.
6.2.3 Order that a complainant's reply to a published or broadcast article,
comment or letter be published or broadcast by the respondent;
6.2.4
Make any supplementary or ancillary orders or issue directives that
are considered necessary for carrying into effect the orders or
directives made in terms of this clause and, more particularly, issue
directives as to the publication of the findings of the Media
Complaints Committee or the Appeals Chairperson.
6.3
In the reasons for the decision and/or sanction the Media Complaints
Committee or the Appeals Chairperson is entitled to criticise the conduct of the
complainant in relation to the complaint, where such criticism is warranted in the
view of Media Complaints Committee or the Appeals Chairperson.
6.4
The Ombudsman shall cause any findings, reasons for a finding and/or
requirements of a tribunal to be sent to the complainant and to the
respondent who shall comply with the Media Complaints Committee or the
Appeals Chairperson orders or directives, if any.
6.5
The Ombudsman shall keep on record all findings and reasons for findings
by the Media Complaints Committee or the Appeals Chairperson for a period of
five years.
6.6
The records referred to in rule 6.5 shall be public documents except insofar as
those documents, might identify a rape victim, a person who has been sexually
assaulted or a child, or a victim of extortion.
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