No. 1 The Sierra Leone Broadcasting Corporation Act 2010No. 1 The Sierra Leone Broadcasting Corporation Act 2010
PART I –PRELIMINARY
1. In this Act, unless the context otherwise requires–
“Board” means the Board of Trustees referred to in
section 3;
“Corporation” means the Sierra Leone Broadcasting
Corporation an autonomous legal entity established
by section 2;
“Minister” means the Minister responsible for
Information and Communication;
“Broadcasting” means radio (audio) and TV (video
audio) transmission via terrestrial transmitters, direct
home satellite, or cable, using analogue or digital
technologies and transmission of multimedia
content via internet, mobile phones or using other
broadcasting technologies that may be developed
in the future transmitted for direct public receiving
by an unlimited number or users;
“Independent Media Commission” means the
Independent Media Commission established by the
Independent Media Commission Act, 2000 (Act No.
12 of 2000)
“Sierra Leone Broadcasting Service” means the state
owned radio and television service established in
1935 transmitting via terrestrial transmitters using
analogue technology to an unlimited number of
users.
PART II–ESTABLISHMENT OF CORPORATION
2. (1) The Sierra Leone Broadcasting Service is hereby
transformed into a body corporate to be known as the Sierra Leone
Broadcasting Corporation.
(2) The Corporation shall have perpetual succession and
capable of acquiring, holding and disposing of any property, whether
Interpretation.
Establishment
of Sierra
Leone
Broadcasting
Corporation.
movable or immovable, and of suing and being sued in its corporate
name and, subject to this Act, of performing all such acts as bodies
corporate may by law perform.
(3) The Corporation shall have a common seal, the affixing
of which shall be authenticated by the signatures of –
(a) the Chairman or other member of the Board
generally or specifically authorised by the
Board for that purpose; and
(b) the Director-General or other officer of the
Corporation authorised by the Board for that
purpose.
3. (1) The governing body of the Corporation shall be a
Board of Trustees consisting of the following members –
(a) a Chairman, who shall be a person competent
and knowledgeable in the operation and
management of broadcasting, appointed by
the President subject to the approval of
Parliament.
(b) a representative each, of the following bodies,
elected by their respective governing bodies
(i ) Council of Paramount Chiefs;
(ii) Inter-Religious Council;
(iii) Women’s Forum;
(iv) Sierra Leone Bar Association;
(v) University of Sierra Leone (Engineering
Department);
Board of
Trustees.
No. 1 The Sierra Leone Broadcasting Corporation Act 2010No. 1 The Sierra Leone Broadcasting Corporation Act 2010
(vi) Youth Council;
(vii) Sierra Leone Association of Journalists;
and
(viii) Civil Society Sierra Leone.
(c) the Director-General of the Corportion who
shall be ex-officio and Secretary to the Board.
(2) The members of the Board shall be persons of high
personal probity, appointed by the President and subject to the
approval by Parliament.
4 . (1) The Chairman and members of the Board who are not
ex-officio shall hold office for three years and shall be eligible for reappointment for not more than two terms.
(2) A person shall cease to be a member of the Board on
any of the following grounds –
(a) for his inability to perform the functions of
his office by reason of infirmity of mind or
body;
(b) for proven misconduct;
(c) if he becomes bankrupt or insolvent;
(d) if he is convicted of an offence involving
fraud or dishonesty;
(e) if he fails to attend three consecutive
meetings of the Board without reasonable
cause; or
(f) if he resigns his office by written notice to
the President.
5. (1) Subject to this Act, the Board shall have control and
supervision of the Corporation.
Tenure of
members.
Functions of
Board.
(2) It shall also be the responsibility of the Board to
provide such policy guidance and advice as well as secure the
efficient implementation of the functions of the Corporation and
enhance the overall performance of the Corporation.
6. The Chairman and the other members of the Board and
any person co-opted under subsection ( 5) of section 8, shall be paid
such remuneration, fees and allowances and shall be reimbursed by
the Corporation for expenses incurred in connection with the
discharge of their functions as the Board may determine, with the
approval of the Minister .
7. (1) Where the Chairman or a member of the Board dies,
resigns, is removed from office or is absent from Sierra Leone for a
continuous period exceeding three months or by reason of illness
unable to perform the functions of his office –
(a) the members of the Board shall, as the case
may be, elect one of their number to act as
Chairman until such time as the Chairman
resumes his office or another is appointed in
his stead; and
(b) in the case of the members, the Chairman
shall arrange, subject to this Act, to have
another person appointed to the Board.
(2) Where a person is elected as Chairman or appointed
as a member to fill a vacancy, he shall hold office for the remainder of
the term of the previous Chairman or member, as the case may be and
shall, subject to this Act, be eligible for reappointment.
8. (1) The Board shall meet for the dispatch of its business
at such time and place as the Chairman may determine, but shall meet
at least once every month.
(2) A special meeting of the Board shall be summoned by
the Chairman or at the written request of not less than two other
members of the Board.
Remuneration
of Board.
Filling of
vacancies.
Meetings
of Board.
No. 1 The Sierra Leone Broadcasting Corporation Act 2010No. 1 The Sierra Leone Broadcasting Corporation Act 2010
(3) The Chairman shall preside at meetings of the Board
at which he is present and in his absence, a member elected by the
members present from among their number, shall preside.
(4) Each member shall have one vote but where there is
an equality of votes, the Chairman or other member presiding shall
have a casting vote.
(5) All acts, matters or things authorized or required to
be done by the Corporation shall be decided at a meeting where a
quorum is present and the decision is supported by the votes of a
majority of the members.
(6) The quorum for a meeting of the Board shall be 5.
(7) Any proposal circulated among all members and
agreed to in writing by a majority of all members shall be of the same
force or effect as a decision made at a duly constituted meeting of the
Board and shall be incorporated in the minutes of the next succeeding
meeting of the Board:
Provided that, if a member requires that such proposal be placed
before a meeting of the Board subsection (7) shall not apply to such
proposal.
(8) The Board may co-opt any person to attend and
participate in its deliberations on any matter but such person shall
not vote on any matter for decision by the Board.
(9) The Board shall cause minutes of all its meetings to
be taken and signed by the Chairman and kept in proper form as a
public record.
(10) Subject to this Act, the Board shall regulate its own
procedure.
9. (1) Any member having a personal interest whether
pecuniary or otherwise, direct or indirect through any member of his
immediate family or business partner, in any matter to be considered
by the Board shall disclose the fact of such interest and the nature
thereof, and such disclosure shall be recorded in the minutes of the
Board, and such member shall take no part in any deliberation or
discussion of the Board relating to such matter.
Disclosure
of interest.
(2) Any member who contravenes subsection (1) shall
be guilty of misconduct and shall be liable to removal from the Board.
PART III–FUNCTIONS OF CORPORATION
10. (1) The object for which the Corporation is established
is to provide information, education, entertainment and reflect all
shades of opinion throughout Sierra Leone.
(2) Without prejudice to the generality of subsection (1),
the Corporation–
(a) shall provide, as a public service,
independent and impartial broadcasting
services for general reception throughout
Sierra Leone which will include a minimum
level of regional programmes broadcast
nationally every week;
(b) shall, in collaboration with such institution
as may be appropriate, provide external radio
and television services through transmission
for general reception in countries and places
outside Sierra Leone;
(c) shall allow and accept limited sponsorship
for programmes and advertisement, except
that no sponsorship shall be allowed for news
programmes or accepted from political, ethnic
or religious groups or institutions;
(d) shall provide, in the minimum,–
(i) one free-to-air television channel for
general reception throughout Sierra
Leone, including any number of
satellite, cable or other services;
(ii) one free-to air radio channel;
(e) shall acquire bands for specific channels
using names that do not include Sierra
Functions of
Corporation.
No. 1 The Sierra Leone Broadcasting Corporation Act 2010No. 1 The Sierra Leone Broadcasting Corporation Act 2010
Leone Broadcasting Corporation, but are clearly identified as owned
by Sierra Leone Broadcasting Corporation;
(f) shall establish and maintain broadcasting
archive of materials that is likely to be of
historical interest and make such material
available on the internet;
(g) shall broadcast programmes in Sierra Leonean
languages, English and in such other foreign
languages as may be determined;
(h) shall erect, maintain and operate transmitting
and receiving stations;
(i) shall acquire copyrights;
(j) shall enter into arrangements with the
competent authorities for the purpose of
obtaining rights,privileges and concessions
in connection with broadcasting;
(k) shall establish and maintain facilities for
training andeducation for the purpose of –
(i) advancing the skills of persons
employed by the Corporation; and
(ii) Carrying out research for the purpose
of improving the physical and
operational efficiency of any of the
equipment of the Corporation;
(l) may outsource its advertising component to
ensure reliable funding and subtainably;
(m) shall produce, manufacture, purchase or
otherwise acquire films for television,
information and communication technologies
and other mechanical or electronic materials
and apparatus associated with
broadcasting and to use them in connection
with broadcasting;
(n) shall ensure the diffusion of important public
announcements;
(o) shall provide appropriate coverage of the
proceedings of key decision making bodies,
including Parliament;
(p) shall adhere at all times to the Independent
Media Commission Code of Practice for
Journalists; and
(q) shall adhere at all times to the Code of Practice
adopted by the Board containing its broadcasting policies and programme content,
including a full complaints procedure for
viewers and listeners.
11. (1) In the discharge of its functions under section 9, the
Corporation shall be guided by principles geared toward the
development of free and educated opinion, the respect for the rule of
law, human rights and with due regard to issues of public interest
and fair play.
(2) Without prejudice to the generality of subsection (1),
the discharge of its functions of the Corporation under section 9,
shall be guided by –
(a) Sierra Leone’s constitutional guarantees of
freedom of expression;
(b) the principles enshrined in the Media Code
of Conduct adopted by Sierra Leone’s
Independent Media Commission;
(c) promotion of fair competition based on
internationally accepted principles for a
public broadcaster, which include
independent management, public service
ethos and representation of all viewpoints
and sectors of society in a non-partisan and
objective manner;
Guiding
Principles
No. 1 The Sierra Leone Broadcasting Corporation Act 2010No. 1 The Sierra Leone Broadcasting Corporation Act 2010
(d) accountability to the public through an
independent board, protected against
interference of a political or economic nature,
with editorial independence and adequately
funded in a manner that protects it from
arbitrary interference;
(e) transmission covering the whole country and
p o l i t i c a l l y b a l a n c e d p r o g r a m m e s .
12. In the performance of its functions under this Act, the
Corporation shall not be subject to the direction or control of any
person or authority.
PART IV–STAFF OF CORPORATION
13. (1) The Corporation shall have a Director-General
appointed by the President on the recommendation of the Board of
Trustees and subject to the approval of Parliament.
(2) The Director-General shall be the Chief Exective
Officer of the corporation and shall hold office for a period of four
years renewable for one term only.
(3) The Director-General shall be responsible to the Board
for –
(a) the day-to-day management of the
Corporation;
(b) the administration, organisation and control
of the other staff of the Corporation;
(c) the management of the funds of the
Corporation;.
(d) The performance of such other functions as
the Board may determine.”
14. (1) The Corporation shall have a Deputy Director- General
who shall be appointed by the Board and shall hold office on such
terms and conditions as may be determined by the Board.
(2) The Deputy Director- General shall have the
competence and experience that will enable him, subject to this Act,
Independence
of Corporation.
Director-
General.
Deputy
Director-
General.
to perform the duties of the Director-General and shall be charged
with the performance of any of the functions of the Director- General
when the Director- General is absent from Sierra Leone or is
otherwise incapacitated from performing his functions under this
Act and who shall otherwise assist the Director- General in the
performance of his functions and perform such functions as the
Director- General may delegate to him.
15. (1) There shall be appointed by the Board on such terms
and conditions as the Board may determine such other employees as
the Corporation may require for the efficient discharge of its functions
under this Act.
(2) Public officers may be seconded or otherwise give
assistance to the Corporation.
(3) The Corporation may engage the services of such
consultants and advisers as it considers necessary for the efficient
discharge of its functions.
PART V –FINANCIAL PROVISIONS
16. (1) The activities of the Corporation shall be financed by
a fund consisting of –
(a) moneys appropriated by Parliament for the
purposes of the Corporation;
(b) moneys accruing to the Corporation in the
course of its operations, including moneys
paid for services rendered by the Corporation;
(c) any investment revenue;
(d) loans, and
(e) gifts or donations from any person or
authority.
(2) The funds of the Corporation shall be applied only
for the purposes of the approved budget of the Corporation.
Other staff
and employees of
the Corporation.
Funds of
Corporation.
No. 1 The Sierra Leone Broadcasting Corporation Act 2010No. 1 The Sierra Leone Broadcasting Corporation Act 2010 13
PRINTED AND PUBLISHED BY THE G OVERNMENT P RINTING D EPARTMENT , S IERRA LEONE.
G AZETTE N O. 8 OF 28TH J ANUARY , 2010.
Passed in Parliament this 17th day of December , in the year of our Lord two
thousand and Nine.
VICTOR A. KAMARA,
Clerk of Parliament.
T HIS P RINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
VICTOR A. KAMARA,
Clerk of Parliament.
17. (1) The Corporation shall keep proper and audited books
of account and proper records in relation to them in a form approved by the Auditor-General.
(2) The books of account kept under subsection (1) shall
within three months after the end of each financial year, be audited
by the Auditor-General or an auditor appointed by him.
18. The financial year of the Corporation shall be the same as
the financial year of Government.
19. (1) The Corporation shall, as soon as possible but not
later than three months after the end of each financial year, submit to
the Minister a report of the activities, operations, undertakings,
property and finances of the Corporation for that year, including the
Auditor-General’s report and a list of persons granted licences in
that year.
(2) The Minister shall, within thirty days of the receipt of
the report referred to in subsection (1), lay a copy before Parliament.
PART VI –MISCELLANEOUS
20. There is hereby transferred to the Sierra Leone Broadcasting
Corporation, without more, the property and other assets of the Sierra
Leone Broadcasting Service which shall cease to exist in that name in
the coming into force of this Act.
21. Any act or thing done by the Sierra Leone Broadcasting
Service prior to the commencement of this Act, shall if consistent
with this Act, be deemed to have been done or made under this Act.
22. The Minister may, by statutory instrument, make regulations
for the effective implementation of this Act.
Financial year
of Corporation.
Annual
report.
Transfer of
assets.
Transitional
provisions.
Accounts.
Regulations.
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