The Nigerian Press and Practice of Journalism Council Bill (5)

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(f) such other information as the Council may, from time to time, require.
(3) The Council shall, pursuant to the provisions of subsection (1) of this section, have power to charge such administrative fees as may be determined from time to time.
75.—(1) The Council shall document a newspaper, magazine or journal if it is satisfied that the requirements of section 30 of this Act have been met.

(2) The documentation of a newspaper, magazine and journal under this Act shall be renewed every year.
76. The Council shall cause to be established and maintained a register into which shall be entered the names and addresses of every newspaper, magazine or journal documented under this Act.

Hon. Abike Dabiri Erewa and Gbenga Adefaye, President of the Nigerian Guild of Editors

Hon. Abike Dabiri Erewa and Gbenga Adefaye, President of the Nigerian Guild of Editors

77. A copy of an entry in or an extract from the register referred to in Section 76 of this Act purporting to be duly issued by the Councillor certified by any person appointed for that purpose be the Council shall be received in evidence unless the contrary is proved be presumed contents of the documentation.

78.—(1) Notwithstanding the provisions of section… of this Act—
(a) if the owner or publisher of a newspaper, magazine or journal, fails to make the annual return on the performance of the newspaper, magazine; or journal as required by this Act; or

(b) a cause of action has been taken against owner of publisher of a newspaper, magazine or journal by reason of that failure, the Council may, by notice signed by its chairman addressed to the owner of publisher require the owner or publisher to deliver forthwith or send to the Council the annual returns as required by this Act.

(2) Any owner or Publisher required by notice to deliver or send a copy of the returns on performance who fails to deliver or sent the annual returns is guilty of an offence and liable to conviction to a fine of N10,000 for every day on which the offence continues.

PART XIII — interpretation

79. In this Bill, unless the context otherwise requires—
“Council” means The Nigerian Press and Practice of Journalism Council, otherwise called the Council of Journalism in Nigeria as established by Section 1 of this Act;
“Commission” means the Media Practitioners Complaints Commission (MPCC) established by this Bill;

“Journalist” means any person (not being less than 18 years of age) engaged in the collection, processing and dissemination of information for use in the Press and who has been so registered by the Nigerian Union of Journalists;

“Minister” means the minister charged with responsibility for information and “Ministry” shall be construe accordingly;

“Newspaper” includes a magazine, journal and any paper containing public news, intelligence or occurrences or an remarks, observations or comments printed therein either for sale or for in-house purposes and published periodically or in parts of numbers;

“News Agencies” means Any Agency engaged in the collection and dissemination of news, pictures and features;

“Press” includes radio, television, wire services, newspaper, magazine and such other channels of communication involved in the collection and dissemination of information;
“Radio and Television” includes electronic means of mass communication, which share in the formation of public opinion;

“Editor” includes a person who is in-charge of the journalist in mass circulation newspaper, magazine, journal, or electronic news medium or news agency who is responsible for making decisions about the contents;

“News agent” includes a person who sells newspaper, wither for himself or on behalf of another in a shop, stall, or other structure whether movable or immovable;

“Owners,” “printer”, “publisher” or “proprietor” means the body corporate which owns prints or published, a newspaper or broadcasts through radio and television or operates electronic journalism, documented under this Act;

“Reputable Medium” means an organisation that complies with the provision of this Bill and remains in operation consecutively for 5 years;

“Reports” shall include news, features, analysis, editorial comments, cartoons, other opinions;

“General conditions of service” includes salaries, pensions, gratuities, adequate office accommodation, provision of modern communication equipment, prompt payment of transport claim, peculiarity allowance, provision of adequate medical facilities, etc;

“Recognised Institution” means government approved training institutions of mass communication and journalist and other professional institutions recognised by the NPCPJ;

“Anti-social Conduct” is any act which is not defined as a crime under any written law but which can be perceive as capable of lowering standards of public morality;
“Professional Examination” as contained inn this Bill shall be a prescribed Board of Studies set up by the Nigeria Press Council and the Practice of Journalism (NPCPJ) Examination Board for that purpose;

“Public Information” shall be any information, data document relating to the conduct of government business at all levels and business transactions of public companies;

“Unhindered Access” as contained inn the Bill shall mean full liberty to government and public information;

“Community Newspaper” shall means a news publication whose circulation is limited to a village, town or city.

“Editor” includes a person who is in charge of all the journalists in a mass circulation newspapers, magazine, journals, electronic news medium or news agency and who is responsible for making decision about the contents;

“Executive Secretary” means the Executive Secretary of the Council, appointed under section 4 of this Act;
80. The Nigerian Press Council Act is hereby repealed.

81. This Act may be cited as the Nigerian Press Council and the Practice of Journalism in Nigeria Bill, 2009.

SCHEDULES FIRST SCHEDULE SUPPLEMENTARY PROVISIONS RELATING TO THE COUNCIL

1.—(1) The Chairman shall hold office for a period of four years and shall be eligible for reappointment for another period of four years and no more.

(2) Members of the Council specified in subsection (2) of this Act, shall each hold office for four years and shall be eligible for reappointment for another period of four years.

2.—(1) The Chairman may by notice addressed to the President, resign his appointment and any member of the Council referred to in paragraph 1 (2) of this Schedule may, by notice addressed through the Minister to the body that nominated him indicate his intention to resign his appointment.

(2) Where a member of the Council ceases to hold office before the date when his term of office would have expired by affluxion of time a replacement shall be appointed to fill the vacancy for the residual of time in accordance with paragraph 1 (2) of this schedule.

3.—(1) Subject to this Act and to section 27 of the Interpretation Act, the Council may make standing orders relating to the proceedings of the Council and of any committee thereof.

(2) The quorum of the Council shall be by simple majority, including the Chairman of the Council;

4. At anytime while the office of the Chairman is vacant or the Vice-Chairman is, in the opinion of the Council, permanently or temporary unable to perform the functions of his office an Acting Executive Secretary, appointed from members present shall perform those functions and reference inn this Schedule to the Chairman shall be construed according.

5.—(1) Subject to this provisions of any standing orders of the Council, the Council shall meet whenever is summoned by the chairman, and if the chairman is required to do so by notice given to him by not less than six other members, he shall summon a meeting of the Council to be held within seven days from the date on which the notice is given.

(2) At any meeting of the Council, the Chairman or in his absence the Vice-Chairman shall preside at the meeting.

(3) Where the Council desires to obtain the advice of any person on a particular matter the Council may co-opt him as a member of such a period as it thinks fit but a person who is a member by virtue of this subparagraph shall not be entitled to vote at any meeting of the Council an shall not count towards the quorum.

(4) Notwithstanding anything in the foregoing provisions of this paragraph, the first meeting of the Council shall be summoned by the Minister

6.—(1) The Council may appoint one or more committees to carry out on behalf of the Council, such of its functions as the Council may determine.

(2) A Committee appointed under this paragraph shall consist of the number of person determined by the Council, and not more than one third of those person may be person who are not members of the Council; and a person other than a member of the Council shall hold office on the Committee in accordance with the terms of his appointment.

(3) A decision of a Committee of the Council shall be of no effect until it is confirmed by the Council.

7.—(1) The fixing of the seal of the Council shall be authenticated by the signature of the Executive Secretary or of some other person authorised generally or specifically for that purposed by the Council.

(2) Any contract or instrument which, if made or executed by a person not being a body corporate would not be required to be under seal, may be made or executed on behalf of the Council by any person generally authorised to act for that purpose by the Council.

(3) Any document purporting to be document duly executed under the seal of the Council shall be received in evidence and shall, unless the contrary is proved, be presumed to be so executed.

8. Members of this Council who are not public officers shall paid out of moneys at the disposal of the Council such remuneration, fees or allowances in accordance with such scales as may be approved from time to time, by the Council.

9. Any member of the Council and person holding office on a committee of the Council who has a personal interest in any contract or arrangement entered into or proposed to be considered by the Council or committee thereof, shall forthwith disclose his interest to the Council and shall not vote on any question relating to the contract or arrangement.

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