Radio turks and caicos broadcasting ordinance 2012

TURKS AND CAICOS ISLANDS RADIO TURKS AND CAICOS ORDINANCE 2012

(Ordinance 25 of 2012) Arrangement of Sections SECTION

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Citation and commencement Interpretation Establishment of Radio Turks and Caicos Board of Governors Meetings of the Board Secretary of the Board Function of the Board Accuracy and impartiality Editorial independence Provision of free broadcasting time Limitation on liability Transitional provision Savings

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TURKS AND CAICOS ISLANDS RADIO TURKS AND CAICOS ORDINANCE 2012

(Ordinance 25 of 2012)

AN ORDINANCE TO ESTABLISH AND PROVIDE FOR THE FUNCTIONS OF THE RADIO TURKS AND CAICOS BOARD OF GOVERNORS; AND FOR CONNECTED PURPOSES.

ENACTED by the Governor of the Turks and Caicos Islands.

Citation and commencement

Interpretation

1. This Ordinance may be cited as Radio Turks and Caicos Ordinance 2012 and comes into operation on such day as the Governor may appoint by Notice published in the Gazette.

2. In this Ordinance— “Board” means the Board of Governors established by section 3; “broadcasting” means the sending out by radio of any message or other matter for the information, education or entertainment of the public or any section of the public; “Director of Radio Turks and Caicos” means the person appointed as such in the public service; “programme” includes any advertisement; “Radio Turks and Caicos” means the department of Government which provides a broadcasting service to the people of the Turks and Caicos Islands; “the 2011 Constitution” means the Constitution of the Turks and Caicos Islands set out in Schedule 2 to the Turks and Caicos Islands Constitution Order 2012 (S.I. 2011/1681).

Establishment of Radio Turks and Caicos Board of Governors

3. (1) For the purposes of this Ordinance, there shall be established a Board to be known as the Radio Turks and Caicos Board of Governors, whose function is to oversee Radio Turks and Caicos in fulfilling its purpose as a public broadcasting service to ensure editorial independence and to ensure adherence to best practice in broadcasting.

(2) The members of the Board shall be— (a) the permanent secretary with responsibility for Radio Turks and Caicos and Government’s senior press officer;

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(b) such other members not exceeding five, as the Governor may appoint, of whom— (i) one must be a person qualified in or knowledgeable in broadcasting matters; (ii) one must be a person qualified to practise as an Attorney in the Islands; (iii) one must be a person qualified as an accountant; and (iv) one must be a person qualified in and with experience in marketing.

(3) No member of the House of Assembly shall be appointed as a member of the Board.

(4) The Governor shall appoint one member to act as Chairman of the Board.

(5) An appointed member of the Board shall hold office for such period, not exceeding one year, as the Governor shall specify at the time of his appointment.

(6) An appointed member, other than a public officer appointed by reference to his office, may resign from the Board by notice in writing to the Chairman and any appointment may at any time be terminated by the Governor.

(7) Appointed members may be paid such remuneration as the Governor may determine.

4. (1) The Chairman shall preside at all meetings of the Board, and in his absence from a meeting, the members present shall appoint one of their number to preside.

(2) Three members shall form a quorum at any meeting of the Board.

(3) At a meeting of the Board all questions shall be decided by a majority of votes of the members present and voting, and, in the event of an equality of votes, the member presiding shall have a casting vote.

(4) The Board may invite any person or any public officer or a representative of any body, who, in the opinion of the Board, has expert knowledge concerning the functions of the Board which is likely to be of assistance to the Board, to attend meetings of the Board and to take part in its proceedings, but shall have no voting rights.

(5) The Board may make rules further regulating its procedure.

(6) The Director of Radio Turks and Caicos shall be entitled to attend any meeting of the Board, to take part in discussion of any matter other than such as may concern himself personally, but shall not be entitled to vote.

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Meetings of the Board

Secretary of the Board

5. (1) The Governor shall appoint a public officer nominated to be Secretary of the Board for such term as may be specified in the instrument of appointment.

(2) The Secretary shall— (a) attend all meetings of the Board but shall not vote on any matter or question before the Board; (b) prepare minutes of meetings of the Board; (c) keep a record of the proceedings and decisions of the Board

Function of the Board

6. (1) Without prejudice to section 3(1), it shall be the function of the Board to issue guidelines on editorial standards and monitor their implementation to ensure that— (a) nothing is included in the programmes of Radio Turks and Caicos which offends against good taste or decency; (b) news is presented with accuracy and impartiality; (c) due impartiality is preserved by Radio Turks and Caicos as it relates to matters of public policy or of political or industrial controversy; (d) responsibility is exercised with respect to the content of any religious programme, and that in particular such programme does not involve— (i) improper exploitation of any susceptibility of those listening to the programmes; or (ii) abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.

(2) The Board shall— (a) draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of subsection (1); (b) do all it can to secure that the code is complied with; (c) give such guidance to Radio Turks and Caicos on editorial standards as it sees fit.

(3) The rules in the code drawn up in accordance with subsection (2) must, in particular, take account of the following matters— (a) that due impartiality should be preserved by Radio Turks and Caicos as respects news and matters of public policy or of political or industrial controversy; and (b) the need to determine what constitutes a series of programmes for the purposes of section 7(2).

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(4) The rules must, in addition, indicate to such extent as the Board considers appropriate— (a) what due impartiality does and does not require, either generally or in relation to particular circumstances; (b) the ways in which due impartiality may be achieved in connection with programmes of particular descriptions; (c) the period within which a programme should be included in a series if its inclusion is intended to secure that due impartiality is achieved for the purposes of section 7(1) in connection with that programme and any programme previously included in that series taken together; and (d) in relation to any series of programmes which is of a description specified in the rules— (i) that the dates and times of the other programmes comprised in the series should be announced at the time when the first programme so comprised is broadcast; or (ii) if that is not practicable, that advance notice should be given by other means of subsequent programmes so comprised which include material intended to secure, or assist in securing, that due impartiality is achieved in connection with the series as a whole.

(8) The rules must, in particular, indicate that due impartiality does not require absolute neutrality on every issue or detachment from fundamental democratic principles.

(9) The Board shall cause any code issued under this Ordinance to be published in the Gazette.

(10) The Board shall make such arrangements as it sees fit to investigate and consider complaints that the rules in any code issued under this Ordinance have not been followed.

(11) Where the Board has completed its investigation into any complaint under subsection (10) it shall record its findings and compile its report and refer the matter to the Governor.

7. (1) Radio Turks and Caicos shall do all it can to ensure that controversial subjects are treated with due accuracy and impartiality in all output.

(2) In applying subsection (1), a series of programmes may be considered as a whole.

(3) Radio Turks and Caicos must not broadcast any output which expresses the opinion of Radio Turks and Caicos or the Board on current affairs or matters of public policy other than broadcasting.

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Accuracy and impartiality

(4) Subsection (3) does not apply to output which consists of proceedings in the House of Assembly.

Editorial independence

8. No Minister may give a direction to the Board, Radio Turks and Caicos, or any director, officer or staff of Radio Turks and Caicos, in respect of— (a) a particular programme of a particular allegation or a particular complaint; or (b) the gathering or presentation of news or the preparation of presentation of current affairs programmes; or (c) programme standards.

Provision of free broadcasting time

9. (1) Subject to subsection (2), the Director of Radio Turks and Caicos shall provide broadcasting time free of charge for the purposes and to the persons and extent following–– (a) to every political party registered with the Integrity Commission, such time as the political party may require for political purposes, not exceeding six 15minute slots in a calendar year; (c) to every independent candidate registered with the Integrity Commission, such time as the candidate may require for political purposes not exceeding one 15-minute slot in a calendar year.

(2) Free broadcasting time shall not be provided after the publication of a proclamation dissolving the House of Assembly.

(3) During the period between the date fixed for nominating candidates for a general election or election to fill a vacancy in the House of Assembly, as the case may be, and 24 hours before the taking of the poll, the Director of Radio Turks and Caicos shall provide broadcasting time free of charge for the purposes and to the persons and extent following–– (a) in the case of a general election–– (i) to every political party registered with the Integrity Commission, such time as the political party may require for the purposes of the election not exceeding four 15-minutes slots; (ii) to each independent candidate registered with the Integrity Commission, such time as the candidate may require for the purposes of the election not exceeding one 15-minute slot; (b) in the case of an election to fill a vacancy in the House of Assembly–– (i) to every political party registered with the Integrity Commission, such time as it may require for the purposes of the election not exceeding 15 minutes;

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(ii) to each independent candidate registered with the Integrity Commission, such time as it may require for the purposes of the election not exceeding 5 minutes.

(4) Any broadcasting time in excess of that provided free for the purposes of subsections (1) or (3) shall be paid for at the rate fixed by a tariff for advertising charges.

10. No member of the Board shall be personally liable for any act or default of the Board done or omitted to be done in good faith in the pursuance of its functions.

Limitation on liability

11. During the period between the date of the commencement of this Ordinance and 24 hours before the taking of the poll on 9 th November 2012, for the purposes of the first election of members to the House of Assembly after the commencement of the 2011 Constitution, the Director of Radio Turks and Caicos shall provide broadcasting time free of charge for the purposes and to the persons and extent following––

Transitional provision

(a) to every political party, such time as the political party registered with the Integrity Commission may require for the purposes of the election not exceeding 75 minutes; (b) to each independent candidate registered with the Integrity Commission, such time as the candidate may require for the purpose of the election not exceeding 20 minutes.

12. (1) Any code issued by the Broadcasting Commission under the Broadcasting Commission Ordinance continues in force as if issued by the Board under this Ordinance until amended or replaced under this Ordinance.

(2) In this section “Broadcasting Commission” means the Broadcasting Commission established under section 3 of the Broadcasting Ordinance.

MADE this 28th day of August 2012.

PATRICK BOYLE ACTING GOVERNOR

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Savings