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Kiribati Consolidated Legislation |
Commencement: 12th January 1979
LAWS
OF KIRIBATI
REVISED
EDITION 1979
CHAPTER 6A
BROADCASTING AND PUBLICATIONS AUTHORITY
ARRANGEMENT OF SECTIONS
Section
PART
I
PRELIMINARY
1. Short
title
2. Constitution of
Authority
PART
II
BROADCASTING
3. Functions and duties of
Authority relating to broadcasting
4.
Powers of Authority
5. General
provisions with respect to content of
programmes
6. Audience
research
7. Code for programmes other
than advertisements
8. Programme
prizes
9.
Advertisements
10. Government control
over Authority as to certain matters
PART
III
PUBLICATIONS
11. Power to
publish
12. Power ancillary to
publication
13. Public interest to be
served
14. Ministerial
directions
15. Liabilities and
obligations
16. Standards to be
observed in publications
PART
IV
FINANCES OF
AUTHORITY
17. Broadcasting and
publication to be financed by
Authority
18. Application of any
excess of revenues over
expenditure
19. Advances to Authority
for purposes of broadcasting and
publication
20. Accounts, audit and
reports
PART
V
MISCELLANEOUS AND
GENERAL
21. Arrangements for
settling terms and conditions Authority's staff,
etc.
22. Approvals by
Authority
23. Variation and revocation
of directions and notices
24.
Exemption from income tax and customs duties
SCHEDULES
------------------------------------
An
Ordinance to create a corporation to be known as the Broadcasting and
Publications Authority, to provide for the membership of
the Authority, to
confer powers and liabilities upon the Authority, and for purposes connected
therewith
16 of 1978
Commencement: 12th January 1979
PART
I
PRELIMINARY
Short
title
1.
This Ordinance may be cited as the Broadcasting and Publications Authority
Ordinance.
Constitution
of
Authority
2.
(1) There shall be an authority to be called the Broadcasting and Publications
Authority (in this Ordinance referred to as "the Authority")
which shall consist
of a Chairman, and such other members, not being less than 5, as the Minister
may from time to time
determine.
(2) The provisions of
Schedule 1 (which relate to the appointment and remuneration of members of the
Authority and to the procedure
of and other similar matters concerning the
Authority) shall have effect with respect to the Authority.
Schedule 1
PART
II
BROADCASTING
Function
and duties of Authorities relating to
broadcasting
3.
(1) The function of the Authority relating to broadcasting shall be to provide
in accordance with the provisions of this Ordinance
such local sound
broadcasting services for Kiribati as may from time to time be reasonably
practicable.
(2) It shall be the
duty of the Authority-
(a) to provide local sound broadcasting; services as a public service for disseminating information, education and entertainment; and
(b) to ensure that the programmes broadcast by the Authority maintain a high general standard in all respects, and in particular in respect of their content and quality, and a proper balance and wide range in their subject-matter, having regard both to the programmers as a whole and also to the days on which the programmes are broadcast.
(3)
Without prejudice to the powers conferred on the Authority by this Ordinance,
the programmes broadcast by the Authority may include
advertisements.
(4) It is hereby
declared that the Authority in the exercise of its functions under this Part is
not to be treated for the purposes
of the enactments and rules of law relating
to the privileges of the Republic as a body exercising functions on behalf of
the
Republic.
Powers
of
Authority
4.
(1) The Authority shall, subject to the provisions of this Ordinance, have power
to do all such things as are in its opinion necessary
for or conducive to the
proper discharge of its function as described in section 3 (1) and, in
particular and without prejudice to
the generality of the foregoing provision,
it shall, for the purpose of discharging that function, have power to arrange
for the
provision and equipment of, or if need be, itself to provide and equip,
studios and other premises for sound broadcasting
purposes.
(2) Notwithstanding
anything in this section, the Authority shall not carry on business as seller
of, or, except with the approval
of the Minister, itself engage in the
manufacture or sale of apparatus for wireless telegraphy or any other
telegraphic equipment.
(3) The
Authority shall have exclusive rights in respect of the broadcasting of any
matters.
(4) Nothing in this
section shall be construed as authorising the Authority to do anything for the
doing of which a licence is requisite
under any law for the time being in
force.
General
provisions with respect to content of
programmes
5.
(1) It shall be the duty of the Authority to satisfy itself that as far as
possible the programmes broadcast by the Authority comply
with the following
requirements-
(a) that nothing is included in the programmes which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling; and
(b) that a sufficient amount of time in the programmes is given to news and news features and that all news given in the programmes (in whatever form) is presented with due accuracy and impartiality; and
(c) that substantial proportions of the recorded and other matter in the programmes are of Kiribati origin and performed by I-Kiribati; and
(d) that due impartiality and opportunity are preserved on the part of the persons providing the programmes as respects matters of political or industrial controversy or relating to current public policy.
(2)
In applying subsection (1)
(d),
a series of programmes may be considered as a
whole.
(3) Without prejudice to
the generality of subsection (1), it shall be the duty of the Authority to
secure the exclusion from the
programmes broadcast by it of all expressions of
its own opinion as to any of the matters referred to in subsection (1)
(d),
or the opinion as to any such matters of any of its members or
officers.
(4) For the purpose of
maintaining supervision and control over the programmes (including
advertisements) broadcast by it, the Authority
may make sound records of those
programmes or any part thereof, and the making and use by the Authority of any
such record exclusively
for that purpose shall not constitute an infringement of
the copyright in any work or sound
recording.
Audience
research
6.
The functions of the Authority shall include the making of arrangements for
bringing the programmes (including advertisements) broadcast
by the Authority
and the other activities of the Authority under constant and effective review,
and in particular for ascertaining
the state of public opinion concerning the
programmes (including advertisements) broadcast by the Authority and for
encouraging the
making of useful comments and suggestions by members of the
public, and the arrangements shall include provision for full consideration
by
the Authority of the facts, comments and suggestions so
obtained.
Code
for programmes other than
advertisements
7.
(1) The Authority shall avoid the
inclusion in sound broadcasts of sounds suggestive of violence, particularly
when large other than
numbers of children and young persons may be expected to
be advertisements listening to the programmes, and in considering what other
matters ought to be observed shall have special regard to programmes broadcast
when large numbers of children and young persons may
be expected to be
listening.
(2) The Authority
shall, in the discharge of its general responsibility for programmes other than
advertisements, impose requirements
as to standards and practice for such
programmes prohibiting or restricting items of a specified Mass or description
or as respects
a particular
item.
Programme
prizes
8.
A programme (other than an advertisement) broadcast by the
Authority-
(a) shall not include anything which offers any prize of significant value (whether competed for or not) or any gift of significant value unless-
(i) the value of the prize or gift does not exceed an amount previously approved by the Authority for that prize or gift in relation to that programme; and
(ii) the aggregate value of all such prizes and gifts offered in the programme does not exceed an amount previously approved by the Authority for that programme; and
(b) shall not include anything which offers any prize or gift of significant value in connection with a game, competition or test of any kind unless the rules governing the conduct of the game, competition or test have been previously approved by the Authority.
Advertisements
9.
(1) The programmes broadcast by the Authority may, so long as the provisions of
this Ordinance are complied with in relation thereto,
include advertisements
inserted therein in consideration of payments to the
Authority.
(2) Orders for the
insertion of the said advertisements may be received either through agents or
direct from the advertiser, but the
Authority shall not act as an advertising
agent.
(3) It shall be the duty of
the Authority to secure that the relevant provisions of Schedule 2 are complied
with in relation to the
advertisements included in the programmes broadcast by
the Authority.
Schedule 2
(4) After consultation
with the Authority the Minister may make rules amending, repealing or adding to
the provisions of the said
Schedule.
(5) Subject to
subsections (7) and (8), nothing shall be included in any programme broadcast
by, the Authority, whether in an advertisement
or not, which states, suggests or
implies, or could reasonably be taken to state, suggest or imply, that any part
of any programme
broadcast by the Authority which is not an advertisement has
been supplied or suggested by any advertiser, and, except as an advertisement,
nothing shall be included in any programme broadcast by the Authority which
could reasonably be supposed to have been included therein
in return for payment
or other valuable consideration to the
Authority.
(6) Nothing in
subsection (5) shall be construed as prohibiting the inclusion, in any part of a
programme broadcast by the Authority
which is not an advertisement, of any of
the following matters-
(a) items designed to give publicity to the needs or objects of any association or organisation conducted for charitable or benevolent purposes; and
(b) reviews of literary, artistic or other publications or productions, including current entertainments; and
(c) items consisting of factual portrayals of doings, happenings, places or things, being items which in the opinion of the Authority are proper for inclusion by reason of their intrinsic interest or instructiveness and do not comprise an undue element of advertisement; and
(d) announcements of the place of any performance included in the programme, or of the name and description of the persons concerned as performers or otherwise in any such performance, announcements of the number and description of any record so included, and acknowledgements of any permission granted in respect of any such performance, persons or record; and
(e) items inserted at the request, or under the authority, of the Minister; and
(f) such other matters (if any) as are prescribed by the rules made under subsection (4),
or
as prohibiting the inclusion of an advertisement in any programme broadcast by
the Authority by reason only of the fact that it
is related in subject-matter to
any part of that programme which is not an
advertisement.
(7) So much of
subsection (6) as prohibits the inclusion in programmes (other than
advertisements) broadcast by the Authority of anything
which could reasonably be
supposed to have been included therein in return for payment or other valuable
consideration to the Authority
shall not apply to any programme so broadcast in
an educational service provided under this
Ordinance.
(8) Any rules made
under subsection (4) shall be subject to annulment in pursuance of a resolution
of the Maneaba ni Maungatabu at
a meeting next following the date when any such
rules are made, and subject to annulment shall have full force and effect from
the
date when the rules are
made.
Government
control over Authority as to certain
matters
10.
(1) The Minister may, if it appears to him to be necessary or expedient to do so
in connection with his functions as such, at any
time by notice in writing
require the Authority to broadcast, at such times as may be specified in the
notice, any announcement so
specified, and it shall be the duty of the Authority
to comply with the notice.
(2)
Where the Authority broadcasts any announcement in pursuance of a notice under
the preceding subsection it may, if it thinks fit,
announce that it is doing so
in pursuance of such a notice.
(3)
Subject to subsection (4), the Minister may at any time by notice in writing
require the Authority to refrain from broadcasting
any matter or classes of
matter specified in the notice, and it shall be the duty of the Authority to
comply with the notice.
(4) If
under subsection (3) the Minister by notice in writing requires the Authority to
refrain from broadcasting anything, the Authority
may, if it thinks fit,
broadcast an announcement of the notice or of the revocation or expiration of
the notice.
(5) The powers
conferred by this section are in addition to any powers specifically conferred
on the Minister by any other provisions
of this Ordinance.
PART
III
PUBLICATIONS
Power
to
publish
11.
The function of the Authority relating to publications shall be to carry on the
production, printing, publication and distribution
of the "Atoll Pioneer", and
of "Te Uekera", and to sell those and such other publications as the Authority,
with the consent of the
Minister, may be authorised to produce, print, publish
and
distribute.
Powers
ancillary to
publication
12.
The Authority shall have power for the purpose of carrying out its functions
under this Part to do all such acts as appear to it
to be requisite,
advantageous or convenient for or in connection with the carrying out of its
functions under this Part, or to be
incidental to their proper
discharge.
Public
interest to be
served
13.
(1) In carrying out its functions under this Part the Authority shall have
regard to the needs of the public to be well, currently
and fully informed of
all matters of public
interest.
(2) The Authority's
general duty includes that of promoting the publication of news and information
of general and special interest
to all
people.
Ministerial
directions
14.
(1) The Minister, after consultation with the Authority, may give to the
Authority such directions of a general character with respect
to the performance
of any functions of the Authority under this Part as appear to the Minister to
be requisite in the public
interest.
(2) The Authority may
cause to be tabled a report to the Maneaba ni Maungatabu for any year of any
directions given by the Minister
under subsection (1) unless the Minister shall
have notified the Authority that in his opinion it is against the interests of
national
security to do so.
(3) It
shall be the duty of the Authority to comply with any directions given by the
Minister under this
section.
Liabilities
and
obligations
15.
The Authority in the exercise of its functions under this Part shall be neither
exempt from any liability or obligation imposed or
arising under any law for the
time being in force nor entitled to the benefit of any privilege as if it were a
body exercising functions
on behalf of the
Republic.
Standards
to be observed in
publications
16.
The duties of the Authority in relation to its functions under this Part
relating to publications shall be exercised substantially
in conformity with the
provisions relating to the content of programmes contained in Part II, and in
particular with the provisions
of section 5(1)
(a),
(c)
and
(d),
and, in relation to the advertisements contained in publications substantially
in conformity with the provisions of section 8(1),
(2), (5) and (6),
substituting in each case for the purposes of the construction of the sections
contained in Part II and applied
by this section by reference to this Part the
word "publications" wherever the word "programmes", appears, and making such
other
consequential amendments as shall be necessary to give effect to this
section.
PART
IV
FINANCES OF
AUTHORITY
Broadcasting
and publication to be financed by
Authority
17.
(1) The funds and resources of the Authority shall consist of-
(a) such sums as may be provided by the Maneaba ni Maungatabu for the purposes of the Authority; and
(b) any sums which may in any manner become payable to or vest in the Authority in respect of the performance of its functions.
(2)
It shall be the duty of the Authority so to conduct its affairs as to secure
that its revenues become at the earliest possible
date, and thereafter continue,
at least sufficient-
(a) to meet all sums properly chargeable to revenue account (including sums which are required for the repayment of loans and interest thereon), for provision for depreciation and for the establishment and maintenance of a reserve fund; and
(b) to make provision towards, and as soon as practicable for, necessary capital expenditure for the purposes of its undertaking.
(3)
The Authority shall establish and maintain a reserve fund, and, subject to the
following provisions of this section, the management of the fund, the sums to be
carried from time to time to the credit of the
fund, and the application of the
fund, shall be as the Authority may
determine.
(4) No part of those
funds shall be applied otherwise than for the purposes of the Authority's
undertaking for which the fund was
established.
(5) The Minister may,
with the approval of the Minister of Finance, give to the Authority such
directions as he may think fit as to
any matter relating to the establishment or
management of those funds, the carrying of sums to the credit thereof or the
application
thereof, and the Authority shall comply with the
directions.
Application
of any excess of revenues over
expenditure
18.
(l) Any excess of the revenues of the Authority for any financial year over the
total sums properly chargeable by the Authority to
revenue account for that
year, including in such sums (without prejudice to the generality of the
expression) sums credited under
section 17 (3) to the reserve fund, shall be
applied by the Authority in such manner as the Minister, with the approval of
the Minister
of Finance, after consultation with the Chairman of the Authority,
may direct.
(2) A direction under
subsection (1) may require the whole or any part of any excess of the revenues
of the Authority to be paid into
the Consolidated
Fund.
Advances
to Authority for purposes of broadcasting and
publications
19.
(1) For the purpose of enabling the Authority to defray expenditure properly
attributable to capital account in respect of the provision
of broadcasting and
publication services, and for the purpose of furnishing the Authority with
working capital in connection with
those services, the Minister may, with the
consent of the Minister of Finance, make advances to the Authority out of moneys
provided
by the Maneaba ni
Maungatabu.
(2) Any sums advanced
under this section shall be repaid to the Minister at such times and by such
methods, and interest on those
sums shall be paid to him at such times and at
such rates, as he may from time to time direct with the consent of the Minister
of
Finance.
(3) All sums received
by the Minister in pursuance of subsection (2) shall be paid into the
Consolidated
Fund.
Accounts,
audit and
reports
20.
(1) The Authority shall keep proper accounts and proper records in relation to
the accounts, and shall prepare in respect of each
financial year a statement of
accounts including statements of revenue and expenditure, and a balance
sheet.
(2) The accounts of the
Authority shall be audited by auditors to be appointed by the Authority with the
approval of the Minister.
(3) As
soon as may be after the end of every financial year, the Authority shall
prepare a general report of its proceedings during
that year, and transmit it to
the Minister who shall consider it and lay copies of it before the Maneaba ni
Maungatabu.
(4) The said report
shall have attached to it the statement of accounts for the year and a copy of
any report made by the auditor
on that statement, and shall also include such
information relating to the plans, and past and present activities, of the
Authority,
and the financial position of the Authority, as the Minister may from
time to time direct.
(5) The
Authority shall at all reasonable times upon demand made by the Minister or by
any person authorised by him in that behalf-
(a) afford to him full liberty to examine, the accounts of the Authority, and
(b) furnish him with all forecasts, estimates, information and documents which he may require with respect to the financial transactions and engagements of the Authority.
PART
V
MISCELLANEOUS AND
GENERAL
Arrangements
for settling terms and conditions of employment of Authority's staff,
etc.
21.
(1) The Authority shall act in accordance with the advice of the Public Service
Commission before any appointment is settling terms
made, and with a view to the
conclusion between the Authority and that organisation of such agreements as
appear to the parties to
be desirable with respect to the establishment and
maintenance, Authority's of arrangements for -
(a) the settlement by negotiation of terms and conditions of employment of persons employed by the Authority, with provision for reference to arbitration, in default of such settlement, of such cases as may be determined by or under the agreements; and
(b) the promotion and encouragement of measures affecting the safety, health, training and welfare of persons employed by the Authority, and the discussion of other matters of mutual interest to the Authority and such persons.
(2)
The Authority shall send to the Minister and the Chairman of the Public Service
Commission copies of any such agreement and of
any instrument varying the terms
of any such
agreement.
Approvals
by
Authority
22.
The Authority may, for the purposes of any provision in this Ordinance which
makes anything subject to the approval of the Authority,
give an approval in
general terms applying to all cases within the terms in which the approval is
given.
Variation
and revocation of directions and
notices
23.
Any direction or notice given by the Minister or by the Variation and Authority
under any provision in this Ordinance may be varied
or revoked by a subsequent
direction or notice under that
provision.
Exemption
from income tax and customs
duties
24.
Notwithstanding anything contained in the Income Tax or Customs Ordinance, the
Authority shall not be liable for the payment of income
tax or any customs
duties.
Cap.
44
Cap.
22
______
SCHEDULE 1
PROVISIONS AS TO THE BROADCASTING AND PUBLICATION AUTHORITY
Appointment and Removal of Members
1. (1) All the members of
the Authority (including the Chairman who shall be appointed as such) shall be
appointed by the Minister
from among persons appearing to him to be qualified
for the office.
(2) Subject to
sub-paragraphs (3) and (4), every member of the Authority shall hold office for
such period, not exceeding 3 years,
as may be fixed at the time of his
appointment, and shall, on ceasing to be a member, be eligible for
re-appointment.
(3) The Minister
may at any time direct by notice in writing that any member of the Authority
shall cease to hold office, and any
member of the Authority may at any time by
notice in writing to the Minister resign his
office.
(4) If any member of the
Authority diets or ceases to hold office before the expiration of the term for
which he was appointed, the
term of office of his successor shall be so fixed as
to expire at the end of the first-mentioned term, but the Minister may, if he
thinks fit to do so, defer the making of an appointment until the expiration of
the said first-mentioned term.
Remuneration of Members
2. The Authority shall pay
to each of its members, in respect of his office as such, such remuneration
(whether by way of salary or
fees) and such allowances as the Minister may, with
the approval of the Public Service Commission, determine in the case of those
members respectively, and in determining the remuneration and allowances to be
paid under this sub-paragraph, different provision
may be made as regards the
Chairman and the other members.
Incorporation and Capacity of Authority
3. (1) The Authority shall
be a body corporate with perpetual succession and a common
seal.
(2) The Authority may act
notwithstanding a vacancy among its
members.
(3) It shall be within
the capacity of the Authority as a statutory corporation to do such things and
enter into such transactions
as are incidental or conducive to the exercise and
performance of its powers and duties under this Ordinance, including the
borrowing
of money.
Quorum of Authority
4. The quorum of the
Authority shall be 3, or such number not being less than 3 as the Authority may
from time to time determine.
Duty of Members to Disclose Interest in Contracts
5. (1) A member of the
Authority who is in any way directly or indirectly interested in a contract made
or proposed to be made by
the Authority shall, as soon as possible after the
relevant circumstances have come to his knowledge, disclose the nature of his
interest at a meeting of the
Authority.
(2) Any disclosure made
under sub-paragraph (1) shall be recorded in the minutes of the Authority, and
the member-
(a) shall not take part after the disclosure in any deliberation or decision of the Authority with respect to that contract; and
(b) shall be disregarded for the purpose of constituting a quorum of the Authority for any such deliberation or decision.
Power of Authority to Regulate own Procedure
6. Subject to the
preceding provisions of this Schedule, the Authority may regulate its own
procedure.
Officers and Employees of Authority
7. The Authority, acting
on the recommendation of the Public Service Commission, may appoint a secretary
and such other officers,
and take into its employment such other persons, as the
Authority may determine.
Authentication of Authority's Seal
8. The application of the
seal of the Authority shall be authenticated by the signatures-
(a) of the Chairman of the Authority or some other member of the Authority authorised by the Authority to authenticate the application of the Authority's seal; and
(b) of the secretary of the Authority or some other officer of the Authority authorised by the Authority to act in that behalf.
Presumption of Authenticity of Documents Issued by Authority
9. Any document purporting
to be an instrument issued by the Authority and sealed as aforesaid or signed on
behalf of the Authority
shall be received in evidence and shall be deemed to be
such an instrument without further proof unless the contrary is
shown.
Protection of Members of Authority
10. No personal liability
shall attach to any member of the Authority in respect of anything done or
suffered in good faith under
the provisions of this Ordinance.
________
SCHEDULE 2
RULES AS TO ADVERTISEMENTS
1. (1) The advertisements
must be clearly distinguishable as such and recognisably separate from the rest
of the programme.
(2) Successive
advertisements must be recognisably
separate.
(3) Advertisements must
not be arranged or presented in such a way that any separate advertisement
appears to be part of a continuous
feature.
2. The standards and
practice to be observed in carrying out the requirements of the preceding
paragraph shall be such as the Authority
may determine either generally or in
particular cases.
3. The amount of
time given to advertising in the programmes shall not be so great as to detract
from the value of the programmes
as a medium of information, education and
entertainment.
4. Advertisements
shall not be inserted otherwise than at the beginning or the end of the
programme or in natural breaks
therein.
5. (1) Rules (to be
agreed upon from time to time between the Authority and the Minister or settled
by the Minister in default of
such agreement) shall be observed as to the
classes of broadcasts (which shall in particular include the broadcast of any
religious
service) in which advertisements may not be inserted, and the interval
which must elapse between any such broadcast and any previous
or subsequent
period given over to
advertisements.
(2) The Minister
may, after consultation with the Authority, impose rules as to the minimum
interval which must elapse between any
2 periods set aside for advertisements,
and the rules may make different provision for different
circumstances.
6. In the
acceptance of advertisements there must be no unreasonable discrimination either
against or in favour of any particular
advertiser.
7. (1) The charges
made for advertisements shall be in accordance with tariffs fixed by the
Minister from time to time, being tariffs
drawn up in such detail and published
in such form and manner as the Authority may
determine.
(2) Any such tariffs
may make provision for different circumstances, and, in particular, may provide,
in such detail as the Authority
may determine, for the making, in special
circumstances, of additional special charges.
----------------------------------------
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