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IN exercise of the powers
conferred on the National Media
Commission under section 24 (1) of
the National Media Commission Act,
1993 (Act 449) these Regulations
are made this Tenth day of March,
1994.
Regulation 1—Application of
Regulations.
Where a complaint is lodged with
the National Media Commission in
pursuance of section 13 (1) of the
National Media Commission Act 1993
(Act 449) the provisions of these
regulations shall apply
Regulation 2—Meeting of the
Settlement Committee.
(1) The Settlement Committee shall
meet at such times and at such
places as the Chairman of the
Commission may determine but shall
meet at least four times in a
year.
(2) Notice of any meeting shall be
sent to the members at least four
days before the date of the
meeting except that where the
circumstances so require a shorter
notice may be given.
(3) The Settlement Committee shall
be duly constituted for the
performance of its functions by
not less than four of its
membership.
(4) The determination of any
question before the Settlement
Committee shall be by a simple
majority of the members present.
Regulation 3—Lodging a Complaint.
(1) There shall be specified in a
complaint lodged with the
Commission—
(a) the full name and contact
address of the complainant;
(b) the name and address of the
person, against whom the complaint
is made;
(c) the nature of the complaint
together with copies of any
relevant documents in support of
the complaint; and
(d) the relief sought.
(2) A person who lodges a
complaint with the Commission on
behalf of another person shall
state the capacity in which he
does so and the reason for so
doing.
Regulation 4—Procedure for Dealing
with Complaint.
(1) A complaint lodged with the
Commission shall be referred to
the Settlement Committee as soon
as practicable after receipt by
the Commission.
(2) Where a complaint lodged with
the Commission is referred to the
Settlement Committee, the
Executive Secretary of the
Commission shall within seven days
of the reference serve on the
person against whom the complaint
is made, a copy of the complaint
inviting the person to submit his
comments or answer within seven
days from the date of the service
of the copy of the complaint.
(3) Any response or comment
received from the person against
whom the complaint is made shall
be submitted to the complainant
who shall be requested to indicate
in writing within seven days of
the submission to him of the
response or comment whether the
response or comment disposes of
his complaint to his satisfaction
or he intends to proceed further
with the complaint.
(4) Where under sub-regulation (3)
of this regulation, the complaint
is not pursued further, a report
of that fact shall be made by the
Executive Secretary to the
Settlement Committee at its next
meeting and the Settlement
Committee shall take such decision
as it considers appropriate on the
matter.
Regulation 5—Pursued Complaints.
(1) Where a complainant rejects as
unsatisfactory a response or
comment made to his complaint
under regulation 4 and indicates
his intention to pursue the
complaint, the chairman of the
Settlement Committee shall cause
to be served on every member of
the Settlement Committee—
(a) a copy of the complaint;
(b) copies of response or comment
received from the person against
whom the complaint is made; and
(c) notice of a meeting of the
Committee for the purpose of
considering the complaint.
(2) If after considering the
nature of the Complaint, it
appears to the Settlement
Committee that the matters alleged
would, if proved, constitute
conduct that would render the
person against whom the complaint
is made, liable under section 13
or 14 of the Act, the Settlement
Committee shall direct that
further and formal investigation
shall be conducted into the
complaint.
Regulation 6—Formal Investigation.
(1) For the purpose of
investigating a complaint under
sub-regulation 5 (2) of these
Regulations, the Settlement
Committee shall serve on the
person against whom the complaint
is made a notice specifying as far
as practicable—
(a) the particulars and details of
the allegations that form the
subject matter of the
investigation; and
(b) the date, time and place at
which the investigation is to be
held except that the date fixed
for the investigation shall not be
less than seven days from the date
of the service of the notice.
(2) Copies of the documents
specified in sub-regulation (1) of
this regulation shall also be
served on the complainant who
shall be invited to attend the
investigation.
(3) The Settlement Committee shall
not proceed with an investigation
under this regulation in the
absence of the person against whom
the complaint has been made unless
it is satisfied that notice served
for that purpose has been received
by him.
(4) The Settlement Committee may
in the course of any investigation
under these Regulations receive
and consider both documentary and
oral evidence that may be provided
by the persons affected in support
of their case and shall rule on
the issue as it considers just in
all the circumstances of the case.
Regulation 7—Representation by
Counsel.
Persons appearing before the
Settlement Committee in any
investigation may appear in person
or be represented by counsel.
Regulation 8—Investigation to be
Held in Private.
(1) An investigation into a
complaint under these Regulations
shall be held in private unless in
the interest of justice or for any
sufficient cause the Settlement
Committee directs the hearing to
be held in public.
(2) Record the investigation shall
be kept in writing.
(3) Statements made by parties
concerned in any formal
investigation by the Settlement
Committee shall be given on oath
or affirmation.
Regulation 9—Initiation of
Investigation by the Settlement
Committee.
Without prejudice to the other
provisions of these Regulations,
the Commission may where it
considers it necessary for the
discharge its functions under the
Act, refer to the Settlement
Committee for formal
investigation any publication, act
or omission of any journalist,
newspaper proprietor, publisher or
any other person in respect of
any publication in the media and
the relevant provisions of these
Regulations shall apply to the
investigation.
Regulation 10—Withdrawal of
Investigation.
(1) At any time after the
commencement of a formal
investigation by the Settlement
Committee, the complainant may
withdraw the complaint and
discontinue with the
investigation.
(2) The Chairman of the Settlement
Committee shall on such a
withdrawal direct that the
complaint be struck out and all
proceedings in respect of the
investigation shall cease.
(3) Notwithstanding the provisions
in sub-regulations (1) and (2) of
this regulation, where a
withdrawal is put before the
Settlement Committee and the
Committee is of the opinion that
the withdrawal is not made in good
faith or voluntarily, the
Committee shall continue with the
investigation.
Regulation 11—Use of Evidence
before the Committee.
An admission made by a person at a
formal investigation of a
complaint before the Committee in
respect of any mediation or
settlement under these Regulations
shall not, unless the person
making the admission consents in
writing, be used for any other
purpose that is legally binding.
Regulation 12—Service of Document.
A
notice authorised or required by
these Regulations to be served,
may be sent by post, by hand
delivery or any other generally
accepted and recognised means of
communication.
Regulation 13—Delegation.
Anything required to be done under
these Regulations by the chairman
of the Settlement Committee may in
the absence of the chairman or in
the event of his temporary
inability to act, be done by any
other member of the Settlement
Committee authorised for that
purpose by the chairman of the
Commission.
Regulation 14—Interpretation.
In these Regulations unless the
context otherwise requires—
"Act" means the National Media
Commission Act, 1993 (Act 449);
"Commission" means the National
Media Commission established under
section 1 of the Act.
C. E. K. KUMADO
Chairman, National Media
Commission
Date of Gazette Notification: 6th
May. 1994.
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