CONSTITUTION OF THE FIJI MEDIA COUNCIL

FIGHT CORRUPTION - ITS YOUR WORLD -

1. Establishment

The Media Council is a voluntary association of organizations and persons established for the purpose of carrying out the objectives set out in this Constitution.

2. Definitions

In this Constitution, unless the context otherwise indicates or requires:

"the Council" means the Media Council (Fiji) Limited;

"Executive Secretary" means and includes the person
acting for the time being as Executive Secretary;

"Chairperson" means the person appointed in accordance with Article 11 and includes the Vice-Chairperson acting for the time being as Chairperson;

"member" means a member of the Council and includes Industry Members, Public Members and Associate Members;

"Industry member" means a member of the Council appointed in accordance with Article 6;

"Public member" means a member appointed in accordance with Article 7;

"Associate member" means a person appointed in accordance with Article 8.

3. Incorporation

The Council shall be a body corporate having perpetual succession and a common seal and shall by the said name sue and be sued.

4. Objectives

The Council is empowered to do such things and to take such action for the furtherance and attainment of the following objects:

(i) Promoting the highest journalistic standards;

(ii) Enhancing the media's image;

(iii) Safeguarding the independence of the media;

(iv) Upholding and preserving the established constitutional freedom of the media;

(v) Upholding the right of the public to be accurately and fairly informed on matters of public and general interest;

(vi) Promoting and establishing a code of ethics and practice for journalists, media organizations and similar bodies;

(vii) Promoting and establishing a code of programme and advertising standards for media organizations;

(viii) Establishing an independent and effective Complaints Committee to consider, investigate and resolve complaints about the conduct of the media;

(ix) Publishing and disseminating reports of the Council's work and on any other relevant matter;

(x) Reviewing developments in the media and exchanging information with similar bodies;

(xi) Making representations as appropriate concerning the freedom of the media to government, public inquiries, and other organizations in Fiji and abroad;

(xii) Keeping under review, developments likely to restrict the supply by and to the media of information of public interest and importance.

5. Membership

(1) Membership of the Council is open to print, broadcasting, television and media organizations engaged in the business, production, collection or dissemination of news, advertising, public relations, information or entertainment;

(2) Public members appointed in accordance with Article 7;

6. Industry Members

(1) Industry Members shall include those organizations, companies or corporate bodies engaged in the media business, whatever its form.

(2) Industry Members shall have the right to vote and fully participate in meetings of the Council.

7. Public Members

(a) There shall be Public Members of the Council appointed by the Complaints Committee on the advice of the Chairman after consultation with the Council;

(b) At any one time, the number of Public Members of the Council shall be equal to the number of Industry Members.

(c) The Public Members shall represent a wide cross-section of Fiji society. In exercising his discretion as regards the advice he must tender the Council as aforesaid, the Chairman shall as far as practicable, seek to ensure that the membership of the Council broadly reflects Fiji's multi-cultural population.

8. Associate Members

(a) Organizations or individuals engaged in the business of publishing, advertising, public relations or similar activity, are entitled to Associate Membership of the Council;

(b) Associate Members, on the invitation of the Chairman, may participate and deliberate in meetings of the Council at least once annually;

(c) Associate Members, upon request, shall have the right to access information, literature and reports produced by the Council for public dissemination;

(d) Associate Members do not have any voting status in meetings of the Council;

(e) In the event that an Associate Member ceases to be engaged in the aforementioned businesses, he/she/it as the case may be, shall no longer be qualified for membership of the Council and his/he/its membership shall be deemed to have expired.

(f) Associate Members shall pay such membership fees that are set by the Council from time to time.

9. Vacancies

(1) A member shall cease to be a member of the Council:

(a) upon resignation of such member by notice in writing to the Executive Secretary;

(b) if absent from three consecutive meetings of the Council without prior authorization or leave of the Chairperson;

and/or where the member is a natural person:

(c) upon being adjudicated bankrupt;

(d) if the member is or becomes of unsound mind;

(e) if such member brings the Council into disrepute;

(f) upon death.

Provided that where the Council on the recommendation of the Chairperson deems it expedient or appropriate in the event of extenuating circumstances, it may suspend or postpone cessation of membership as provided for aforesaid.

(2) As soon as possible after a vacancy of a Public Member has occurred, the Chairperson shall appoint a replacement for such Member in accordance with Article 7.

10. Duration of Membership

(a) An Industry Member and Associate Member shall remain a permanent member of the Council until it communicates its resignation in writing to the Executive Secretary;

(b) Public members shall be appointed for a period of 3 years and are eligible for re-appointment.

11. Chairperson

(a) The Chairperson must be an independent person who does not have any financial or pecuniary interest, whether as a director, shareholder or otherwise, in any media or related organisation, and shall be appointed by the Council for a period of 3 years. Upon expiry of the term of his/her appointment, the Chairperson is eligible for reappointment.

(b) The Chairperson shall receive such remuneration or allowances as may be determined by the Council.

12. Vice-Chairperson

The Council shall appoint from amongst its members a Vice-Chairperson for such period as the Council may determine.

12. Complaints Committee

(1) Members of the Complaints Committee shall be appointed by the Council for a duration of 3 years on the advice of the Chairman, and may be re-appointed upon the expiry of their term.

(2) The Complaints Committee shall comprise the following members:

(a) The Chairperson;

(b) Two independent Public Members unconnected and not having any financial or pecuniary interest in any media organization and not being members of the Council;

(c) The Complaints Committee may in its absolute discretion, co-opt an Industry Member and a representative of an association or union of journalists to assist it in the performance of its functions, including its deliberations;

(d) The Complaints Committee shall be convened at such time and venue to be decided upon by the Chairperson to consider any matter brought before it by the Chairperson;

(e) The quorum for the Complaints Committee shall be three members, including the Chairperson. In the event of an inability to form a quorum, the Chairperson may co-opt any Public Member as a Temporary Member of the Committee for the purpose of forming a quorum and such Temporary Member shall have the substantive rights of a member of the Committee;

(f) The Executive Secretary shall be the Secretary of the Complaints Committee.

14. Powers of the Council

Subject to Article 4, the Council is empowered to do such things and to take such actions for the furtherance and attainment of the objectives of the Council, as it may decide in its absolute discretion.

15. Meetings

(1) The Chairperson when present, or in his absence the Vice-Chairperson, shall preside at all meetings of the Council. In the absence of both, the Council shall elect a Chairperson from among those members present.

(2) Meetings of the Council shall be held at such times as the Council or the Chairperson may direct.

(3) A special meeting of the Council shall be convened by the Executive Secretary on the requisition in writing made by not less than one-third of the total membership of the Council;

(4) The Council may appoint sub-committees to carry out specific tasks in furtherance of its objectives.

16. Procedures of the Council

(1) The Council may meet for the purpose of its business, adjourn and otherwise regulate its meetings as it thinks fit;

(2) Subject to the provisions of this article, matters arising at any meeting of the Council shall be decided by a simple majority of votes;

(3) Members shall each be entitled to one vote;

(4) In the case of equality of votes, the Chairperson shall have a second or casting vote;

(5) The quorum of Council meeting shall be 3 Industry Members, 3 Public Members and the Chairman of the Council.

17. Finance

(1) The Council is a non-profit organisation. Its income and assets shall be applied solely towards carrying out the objectives stated in this Constitution, and at no time shall there be a distribution, whether in money, property or otherwise from its income or assets towards members as such or to any relative, trustee or representative of or for a member, provided that this sub-clause shall not prevent the payment to a member of a reasonable salary and expenses or expenses only as approved by the Council in respect of specific services rendered to the Council.

(2) For the purposes of meeting its expenses, the Council shall fix biannual subscriptions to be paid by each Member by the last day of January and July in each calendar year.

(3) From time to time, as it considers expedient, the Council may impose other charges or levies on Members as necessary for the maintenance of the Council's financial viability.

(4) Non-financial Media Organization Members of the Council shall not be entitled to participate in the affairs or deliberations of the Council until such time as their membership fees have been paid. In the event that a Member's fees are due and remain unpaid 3 months from the date that they fall due, the Member shall be deemed to have resigned. Provided that in any case for good cause, the Chairman may with the concurrence of the Council permit a member greater time to meet its membership fees.

(5) The Council may receive voluntary subscriptions and donations, and may canvass prospective donors for financial assistance.

(6) All cheques issued by the Council shall be signed by any two of the following:- Chairperson, Vice-Chairperson, Executive Secretary and/or any other person specifically authorised by the Council.

18. Travelling and Subsistence Expenses

Any Member, including the Executive Secretary and staff of the Council attending a meeting or business of the Council, including any of its committee meetings, shall be entitled to receive reasonable travelling, subsistence or other expenses as may be determined by the Chairman.

19. Staff

The Council shall appoint an Executive Secretary and such other staff as it may determine from time to time, on such terms and conditions as it considers appropriate.

20. Audit

A statement of assets and liabilities and of receipts and expenditure shall be prepared annually by the Council, which shall be audited by a qualified auditor appointed by the Council. A copy of the audited statement shall be tabled by the 31st day of March in every calendar year, and upon request, must be made available to the Member so making such request.

21. Indemnity

A Member of the Council shall be entitled to be indemnified out of the funds of the Council against any loss or liability suffered or incurred by the Member in the course of and by reason of his/her discharging his/her duties as a member.

22. Validation of Proceedings

All acts done by any meetings of a member of the Council or of a committee of the Council, notwithstanding that it is afterwards discovered that there was some defect in the appointment of any such member of the Council, or that they or any of them were disqualified, shall be as valid as if every such member had been duly appointed and was qualified to be a member of the Council.

23. Dissolution

(a) The Council may at any time terminate its existence if it appears to the members that the Council's continued existence is inappropriate or inexpedient. A resolution to dissolve the Council must be passed by a two-thirds majority of Industry Members present at a meeting called especially for that purpose. Not less than 28 days' notice of such meeting shall be given to members.

(b) In the event of the dissolution of the Council for any reason whatsoever, its net assets after payment of its just debts and expenses shall be distributed to such charitable or educational purposes as the Council may determine.

24. Alteration of the Constitution

Approval of any amendment on alterations of these Articles shall be made by resolution of the Council. Adoption of the resolution shall require the approval of a two-thirds majority of the members present and voting at a meeting, which two-thirds majority shall not be less than a simple majority of the membership of the Council. No alterations shall be effective unless at least 28 days' notice of them has been given to Council members.

25. Notices

Notices of meetings shall be sent to the members of the Council at the last known address given by them to the Executive Secretary. Not less than 7 days' notice shall be given of any meeting, unless the members agree to a shorter period. Notice may be given by post, facsimile, telegram or electronic mail.

gel.1632.media.const.