යෝජිත නව ආණ්ඩුක්‍රම ව්‍යවස්ථාව (Third Republic Constitution) Chapter XXXV

 CHAPTER XXXV

 

THE INFORMAITON AND MASS COMMUNICATION COMMISSION (IMC)

 

296.       (1) There shall be an Information and Mass Communication Commission (in this Chapter referred to as the “Commission”) consisting of five members, two of whom shall have not less than fifteen years of experience in journalism, appointed by President subject to the provisions of Article 185. President shall appoint one member as the Chairman of the Commission.

(2) The quorum for any meeting of the Commission shall be three members.

297.       Provisions of Articles 186, 187, 188, 190, 193, 194, 202, 203, 223, and paragraph (2) and (6) of Article 184, paragraph (5) of Article 195 shall apply, mutatis mutandis, to this Commission.

298.       The functions, powers, duties, and responsibilities of the Commission are as follows:

(1) in terms of Information:

(a)    To foster, educate people on, and protect the right to information of the people;

(b)   To advise and train State officers in relation to right to information;

(c)    Prepare guidelines, fee schedules, and formats of delivery of requested information that institutions bound to the right to information as listed in paragraph 29(1) shall comply with;

(d)   To ensure institutions bound to the right to information as listed in paragraph 29(1) employ an Information Officer and a Designated Officer both charged with the responsibility to entertain right to information requests in such entity, as per the laws and regulations of the country;

(e)   To ensure that websites of State entities shall be updated conforming to the guidelines given by the Commission;

(f)     To entertain complaints made against Designated Officers;

(2) in terms of mass communication:

(a)    To enshrine and substantiate the principle that mass communication, media, reporting, and press as neutral watchdogs and objective observers is an integral part of the State and good government;

(b)   To recognize journalist and journalism and protect their independence from interference from government;

(c)    To promulgate, in consultation with the journalists, guidelines and code of ethics for journalists and journalism;

(d)   To recognize persons with minimum qualifications and experience as per the guidelines issued by the Commission as “Professional Journalists” by issuing them an Journalist ID which shall confer on him many privileges as listed below:

(i) To attend any public function or meeting including Cabinet Press Conference, Court Proceedings, Parliament Sessions, State Assembly Sessions, Committee stage sessions of Parliament and State Assembly, Provincial Council sessions, Local Council sessions, political rally, public lectures, conferences, exhibitions, and the such;

(ii) to keep secret of the source of news or unpublished information such that no person including a court of law shall not force a Journalist divulge such source of news or unpublished information;

(iii) not to be restricted to access to roads and travelling, or a public event even in a situation of emergency or curfew;

(iv) to have a news or reporting agency be registered in the Commission;

Provided that any Citizen shall have the right to practise journalism without such Journalist ID.

(e)   To recognize and issue Media License to media institutions operating news agency, television channel, radio channel, paper newspapers, news channel on the Internet:

Provided that media institutions shall employ only Professional Journalists with Journalist ID as their staff Journalists;

Further provided that owner or the Chief Executive Officer of a Media institution shall be a Professional Journalist;

(f)     To protect the privacy and human rights of Citizens against malpractice of journalism by entertaining complaints against journalists or media institutions. The Commission shall have the power to revoke any Journalist ID offered to a journalist and to revoke any Media License offered to a media institution who has been proved, through a thorough and fair investigation, wrongful in practice of journalism:

Provided that the Journalist whose Journalist ID has been canceled as per the provisions of this subparagraph shall have the right to appeal against such cancelation in a Provincial Court;

Further provided that the media institution whose Media License has been canceled as per the provisions of this subparagraph shall have the right to appeal against such cancelation in a Provincial Court, and during such appeal proceeding, the media institution, adhering to the instructions of the Commission, shall proceed to function as a media institution as if no such cancelation has been effected until a verdict is obtained from the court;

(g)     To work with the Anti-corruption Commission to obtain Declaration of Assets and Liabilities of Professional Journalists.

299.       (1) The Commission shall assume the functions, duties, powers, and responsibilities of the Right to Information Commission established under the Right to Information Act, No. 12 of 2016 and other provisions of such Act or other such law as may be enacted in substitution therefor, subject to the modification effected under the provisions of this Chapter and this Constitution.