ABILL FOR -AWSACT To AMEND The NIGERIAN PRESS COUNCIL ACT. CAPNI28, LAWS (OF TUE FEDERATION OF NicERIA 1992 To REMOVE BOTTLENECKS Agric Ins PraroRMANCE AND MAKE TE Cousca. IN Tue Witt Te Cui 1 REALITIES IN REGULATING PRESS AND FoR RELATED aarres Sponsored by Hom Olusegun Oder ta IE IT ENACTED by the National Assembly of the Federal of Nigeria ‘The Nigerian Press Couneit Act. Cap. NID Laws of the Fodorstio of Nigeria, 1992 (nahi Bill refered toas the "Principal Act") is ‘roy amgngedas seco inthis Bil 1 2of the Piacipal Act is amended by substituting the ing seton(2) foragow soetion 2)toreadsfllows: ‘stablshment ofthe Board forthe Council: 41) There sestebished aboard forthe Counel, whieh {shall seqve onan dvisory capacity tothe Counel on apartcime ‘sis widhour ewe imertorenee iy the day to day admission of the cornet ) shat sat onan a quaser except an en emergency request by theCour ecutive secretary ofthe Coxe; (@)oneopresonttiveot heNigerian Uaion of Journalist, (pone representative ofthe Nigerian Glldof Eos; (6) one representative ofthe Newspapers Poprieors Association ‘offer, who shall be person with experience in ournaism; (y1wo representative ofthe general public, one of whom sal be ©2669 Comment sei ia©2870 Nigerian Press Council Act (Amendment) Bil, 2019 2019 egal practitioner anda woman; (e)one representative ofthe Broadcasting Organisation of Nigeria; (fone representative ofthe Federal Ministry of information, who shalbea person wth experience journalism; () exccutiveseerotmy ofthe council, who shall serve as secretary to the Board. (2) The Chainman ofthe Coun! shal be appointed by the President ofthe Fedral Republic of Nigeria on the recommendation ofthe charge ofinfomation and shallbea person: (2) of high intelectual and moral qualities and knowledgeable in media and public affirs; inister in with not ess than fifteen years experiencein joumaliss, (@) Members of the boord under subsection (@) and (9 ofthis section shall be appointed by he Pesidenton the recommendation ofthe Minister and embers ofthe Counel appointed unde subsection (3), (b). ©), and) shal ‘be appointed by the Presidet onthe recommendation ofthe Minster after an election by oF on the nomination of the unions, association oF other body (4) The supplementary provisions set out inthe First Schedule to this ‘Act shall have effect with respect tothe temure and other matters contained thera ‘3. ‘Section 3 ofthe Principal Act is hereby amends by substituting the existing section (3) for anew section (3) to readas flows: 3. Punetons ofthe Council (1) The Coun shallbe charge withthe day: (regulate the printmediaand related media houses; (&) ensure truthful, genuine and quality services by print media houses and media practitioners; (6) with the approval of the Minister in charge of information, stalin nd ssominateanational Press Code nd standards toguideconductNigerios Press Council Act (Amendment) Bill, 2019 ce 2871 8 ‘ofprintmedia, related media houses and media practitioners; (approve penalties an fines against violation ofthe Press Code by print media houses end medix practitioner, including revocation of lionee; (©) receive, process and cqnsider applications for the cstablishiment, ownership and operation of print media and other related smedishouses; (D with the approval ofthe Minister, grant print media and other related ienses to any application considered worthy of Such; () monitor astvties ofthe press, media nd other rested houses to ensure compliance withthe National press Code for profesional and chica conduct, Including the Nigerien Union ofJoumlists; (fh serves as natonal consultant on any legislative or regulatory issues onmediaandrelated issues; (j researc into contemporary pres and meds development and engaging in updating press documentation and freedom: {foster the achievement and maintenance of high professional standards by the press (review developments likely to restriet the supply through the pts, of information of public interest and importance or whichare liable prevent flee acess of the press te information and advising om measures cessor to preventorremedy suchdevelopment, (ensureprotection ofthe rights and privileges of journalists inthe tawful performance of their professional duties; (ox) enquiry into complains about conducts ofthe press and the conduotof any person(s) or organisation(s) towardsthe press and exercising in respect ofthe complaints the powers conferredupon tunderthis Act, (carey out such other etvtos as are necessary or expedient for tefl discharge ofallorany ofthe fonctions conferred on tuner this Act (@)No person shall engage person for, operate er use any apparais©2672 19 rian Press Council Act (Amendment) Bil, 2019 2019 x premises fo print or related media in anywhere in Nigeria except unde and ingecordance withthe provisions ofthis At. (G) Where an offence under this section has been commited by an Individual ora body carports, such person(8) or body’ corporate shall be deemed to be guilty of an offence and able tobe prosecuted against and be ‘punished accordingly. Where any person or body corporate hasbeen convicted ofthis offence: @) sueh person or body corporate shall be Hisle 1 a fine of five millon nar only ortre yarsimprisonmentte the person or the promoter in «case of body corporat orbothsnd i to an addtional fine of went thousand naira only foreach day during which the offence eoatinves 4, Section 4 ofthe Principal Act is amended in subsection 2(0) by sing the phrase land Chis Accounting Officer” imunediately afer the word xceutve”toreads flows; (©) be the chief executive andthe chi accountng officer of the Count Section 9 of the Principal Act is amended by subsiuing the ‘existing section 9 foranew section 9toreadas follows: 9, Codeot Conduct: (The Council shall establish a Nationa Press and Ethical Code of ‘conduct for media houses and media peoetitioners, which shal come to effect and be disseminated after approval bythe Minister (@) The Council shall cause to be established in the Nigeria Press ‘Council Journal, the Code of Professional and Ethical Code of Conduct as approved under section (1) of this section which shall be binding on every media Houses, joureliss hd media practioner ia Nigra, 6 Section 12 ofthe Principal Act is amended by substituting the existing section 12 foranew setion I2toreads follows: 12, Power ofthe Executive Secretary to Issue Summons, ete. The2019 igerian Press Council Act (Amendment) Bill, 2019 ©2673 1 executive secretary shall have power to issue on behalf ofthe Council all 2 summonsand appoint such numberof interpreters as may be equired under 3 thisAct etherbetore or duringthe inquiry untilthe Final determination 4 7. Section 16 ofthe principal Acti amended changing the word Anennanet 5 *Couneit” tothe word “Executive Secretary” in subsection 1(¢) and also 6 substtutetheeistng subsection? foranew subsection reads follows: 1 (©) by anything done against the journalist that is eapable of| 8 limiting the preservation of the feadom ofthe Press guaranteed by the 9 Constitution ofthe Federal Republic of Nigeria, 1999 (as amended), may 10 make acompla in respect thereo, in writing, akressed to the executive 11 secretary ofthe Council 2 ‘pitts Council isstisted hot the performance ofthe press isnot 13. consistent with the provision of the Act and the established Code of 14 Professional and Ethical. Conduct, the executive secretary shall, in 15 accordance with such geura directions as may be given by the Counet, ay 16 beforethe Counilall complains made under subseeton(1)ofthissetion, ” £ Seton 1 ofthe pinsipal Aetisemendein subsection We) by Sooo Ts ineting the word "roush the exeeuiveseereary”mmeiely ater the 19 word 20 "Counei” and also substinting the existing subsections 3 and fora new 21 sshectonsJanddtoreadas flows, 2 (© te cont of jouralisto persons, athe circumstances oF 25 the case, blameworthy, the Council may, where appropriate, dicot the 24 anedium of formation or cause the person concemed to publish, in such 25 manners the Council may directa suitable apology or correction, and may 26 nadvon reprimand he journalistor person concemed inthe mater. a 3) Where the medium. of information or the joumalist so 28 sanctioned in accordance wih ubsecton(I)ofthissetion doesnot comply 29 withthe Coueis decisions, the medium or journalists gully ofan offence 30 andisliableon conviction:2878 Ananda ot nesta uv 2 8 4 As 16 7 18 19 a 2 4 25 a 30 Nigerian Press Council Act (Amendinent) Bill, 2019 2019 (2) inshe case ofa body corporate to fine of one milion naira only; and (0) in he case ofa journalist to fine of two hundred and Ay ‘thousand naira only, and the Council shal order he suspension ofthe journals from practice foraperiod not exceedingsix months ormor. (4) Where there ina persistent ress to comply wit the directives of | the Council, the medium or joumalist so sunetioned in aesordance with siibsetion (1) ofthis section, commits an offence ands liable on conviction {inthe case oF abody corporate toa fine oftwo million naira only (6) in the case of « jouralist to a fine of two hundred and fity thousand naieaony;and (6) in an extreme case, the Counel shall order the striking out the name ofthe journalist from the register. ‘9. Section 20 ofthe principal Act is amended in subsection (8) by increasing he suspension from tree to six months o reads follows () suspending the person from practice by ordering him not to engagein practice as journalist fora period not exceeding six months; 3s may bespecifiedinthedirecive, 10, Section 21 of the principal Act is amended in subsection 5 by increasingthe fines attached to violation ofthe provision of subsection 1 of the same seetiontoreadasfallows: (6) Where any person has been convicted of an offence und this sectionoftheActina HighCourt (ne shall be liable to ine of two hundred and ity thousand naira ‘only or imprisonment fora erm oftwo yes orth ad oan addtional fine of ‘vethousandnair for exch day during which the offence continues. 1, Section 28 of the principal Act is amended by substtating the exiting seotion28 for anew section28toread-s follows 28, Finaneial Provisions: (1) The Council shall maintain find which shell consistof;2059 Nigerian Press Council Act (Amendment) Bill, 2019 ©2675 {such monies as may be, from time t time, be provided by the Federal Govemment by way of appropriation bythe National Assembly or Federal Goverument Grants, {(b) such percentage of fees and levy to be determined and charged by the Count on the annual income of ieensed print media Houses and radia owned, established or operated by private individual(s), State or Let joverament() (©) Hicense fees, fines and penales charged by the Council pursuant the provisions of section 17,21 and ober ested sections ofthis, het (@)such monies as may be speife by the Coane tobe provided, ‘fromtimetotimeby stakeholders. (©)suchmonies as may berecsivedby the Counel in relation tothe exerese ofits anetions under this Act; and 6 all monies rise forthe prpose ofthe coun! by way of git, loans, grants-insid,estamentary disposition or otherwise {all other asses o proceeds ffom same, that may ffom time to ‘ime aoezuedto the Council 12, Seton ofthe inp Acts ameniedinsbsaions 1nd 2 byincresinge ines acd ocachsbaetons: (0) Any person) who, witout documentation wih he Council on, polishes or prints # newspaper, mezzo journal commis x effence nds she on coviton ta ie of five milion ma rte of tre yeas impionment or bth, And toa ado fine of twenty thon ervey theese Ivo. 60091999 C2) Any sews agent who cates for ale, any copy of newspaper magarn, ours itis docmented in accordance With she provisions ofthis Act commis offece nds ableon conviiontos fine of two nd andy tows ar Ff a tem of one yea©2676 Nigerian Press Council Act (Amendment) Bil, 2019 2019 Seese 25 6 n B 30 imprisonmentorboth (@) Any person who carried news, established to be fie thereafter, ‘commits anoffence ands liable on convetion toafine of fivemillon na term of two years imprisonment or both, anda compensation of wo ailion ‘naira payable to he person(), groups), corporate body), government or any ofitsagencies whom thenews wasearriedagnnst. (Any print media house whose medium was used to carry sue ‘news a specified n subsection 3 ofthis section isiableon convition ta fine tenmilion naira orclosureof uch medium fora period of one year or both, and «2 compensation of twenty milion nai payable t the persn(s), groups), corporate body(8), government or any of is agencies whom the news was cored aginst, [0,60 of 1999.) 13. Section 36 ofthe principal Act is amended in subsection (>) by replacing the word "Chairman" appearing immediately after the pronoun "is" with the word "Executive Secretary", And als in subsection 2 by increasing ‘he ineatachedto violation othe provision of thesection to readas follows: (@yacauseof action hasbeen taken againstihe owner orpublisherofa ‘newspaper, magazine or joural by rason ofthat flue, the Counel may, by notice signed hy its Executive Secretary adresse tothe owner or publisher equie the owner or publisher to deliver fortnwith or send to the Council the snualretums as required this Act, (2) Any owner or publisher, required by notice to deliver or send 2 ‘copy ofthe returns on performance, who fils to deliver or send the annual returns within en dys ofthe receipt of such otic is guy of an oenee and liable on convietion to fine of ity thousand nara for everyday on whic the offence continues 10.60 of 1999.) 14, Section 37 ofthe Principal Act is amended by introducing ane Darapreph fer the lst paragraph to define the word “Board” witha the2019 Nigerian Press Council Act (Amendment) Bill, 2019 C2677 SS Mizar Press Counell Act Amendment) Bilh 2019 © 2677 contestofthis Acttoreadasfolos: “Board” meuasa body af perins ppinte inne with section 2 is et toserve in avisnrycapcyfr the Canela ptf ts funtion on prtinebsi sr Somnus 1S. The Fit Schedule ofthe Prccipal Act is amended by _sceauenat ‘ubstiing te exiting et seed ofthe Act foranew Fist Seheuleto ce «ead as follows; Supplementary Provision Relating to the Council: - 1.(@)the Chain fhe boad shal olde fo period of 10 the yar and shal be igi fr rxppolniment far ne more tm of 1 daceyears 2 (G) member ofthe bard species seton 2 ofthis Ae shal 13 olde tee yer and bal be eligible for reappinment far one 14 moretermofthree yeas 1s 2. (@) the chinman may by notice addressed to the President, 16 through the Minister, resign his appointment. Any member of the board 17 refered to in paragraph Ub) of tis Schedule may, by notice addressed 18 through the Minister to the body that nominated hiner indicate his 19 intention oresignhis appointment; 2» Lo, 60 of 1999.) 2 (©) where a momber ofthe Board ceases to hold office before the 22 date when his tem of office would ave expired by the provisions of this 23 Act, replacement shall be appointed ofl the vacant forthe residual of 24 time, inaecordance wth paragraph Ka) ofthis schedule. as 3. (@) subject tothe provisions ofthis Act and wo section 27 ofthe 26 Interpretation Act, the Boant may make standing orders relating tothe 27 proceedings of te Board and of any committee thereof, 28 (Cop. 123) 2 () the quorum ofthe Board shal be by simple major, including 30 the Chairman ofthe Board;©2878 Nigerian Press Council Act (Amendment) Bi 019. 2019 4. At ay time while the office of the Chairman is vacant or the Chsinman inthe opinion of the Board, permanently or temporarily unable to porform te anetionsofhisofies, Viee-Cheiznan appointed from members present shall perform those fanetions and reference inthis Schedule fo the ‘Chairman shall be construed accoringly 5. (a) Where the Bond desires to obtin the advice of sn person on a patcular matter, die Board may co-opt himasa member for sucha perio asi thinks ft but such a person whois a member by vue of his subsection shal ote ened to vote at aay meeting of he Board ad shall ot be counted 5 part of members that frm tae quorum; (6) Notwithstanding anything in the foregoing provisions ofthis paragraph, the first meting ofthe Board shall e summoned by the Minster rough te Executive Secreta. 6.(@)the Board may appoint one or mare committees to ery out on behalfofthe Board, such ofits finstonsasthe Boardanaydetemine; (@)2 commits appointed under tis subsection sal consist of he numberof persons determined by the Board, and not more than one third of ‘ose persons may be persons who are not members ofthe Board anda person oxher than « member of the Board shall hold office on the Comauite in ecordance with erm ofhisappointment, (c)amemberofe commitee ofthe Beart shall be of no effet uit isconfimedby the Board. 7(a the fixing ofthe sel ofthe Board shall be authenticated bythe signature and stamp ofthe Executive Secretary oF of some ater person sutorised generally or specifically for that purpose by the council through the Excoutve Seertay, No. 60 of 1999} ‘@yany contractor instument which, fmade or executed bya person notbeings body corporate would notbe required robeunder sea, may bemade ‘or excouted on behalf ofthe Counel by any person generally of special2019 Nigerian Press Council Act (Amendment) Bill, 2019 ©2678 | authorised to et for tat purpose by the Coun, through the Executive Secreary; (any documentpurpaningto bea document duly executedunder ‘he seal of dhe Council shall be received in evidence end shall, unless he contrary isproved bepresunedtobe soexectted 5. Members ofthe Board who are not publi officers shal be paid llowance() as specified for that eatspory by the Revenue Mobilisation ‘Allocation and Fea! Cammission RMAC). 9, Nomemberofthe cour person holding officeans Boardot 10 she count shall have any personal interest in any contrac: or arangement 11 entered nto or proposed tobe considered by the Councitor the Board in any 12 ehreursanees. 8 16, “This Bill may be cited as the Nigerian Press Council Act con 14 (Amendment Bit,2019, EXPLANATORY MEMORANDUM, ThisBillseekstoamend the Nigerian Press Couacll Act, CapNNI28, Lawsof the Federation of Nigeria 1992 fo remove botlenecks affecting its petformance and make the council operas in tune with the eurent ealies inreguiting media