Detal State Broadcasting Services Board Law

DETAL STATE BROADCASTING SERVICES BOARD LAW

1. Citation. This Law may be cited as Delta State Broadcasting Services Board Law.

2. Interpretation. In this Law - “Board” means the Board of Delta Radio/Television Broadcasting Services established under this Law; “Broadcasting” means the transmission for reception by wireless telegraphy of - (a) messages; (b) images transmitted with sound; or (c) any other matter. “Chairman” means the Chairman of the Board established under section 30 of this Law; “financial year” means the period of 12 calendar months commencing on the 1st day of January and ending on the 31st day of December of the same year; “function” includes powers and duties; “Governor” mean the Governor or Chief Executive of Delta State; “General Manager” means the General Manager appointed pursuant to section 7 (1) or this Law; “member” means a member of the Board and includes the Chairman; “Programmes” means programmes broadcast under the authority of this Law and includes educational entertainment, commercial broadcasting, advertising, news and special programmes; “radio and television distribution services” means services by means of which matter received from transmitting stations »or any other matter is distributed from a receiving station for general reception over wires to the premises of subscribers; “receiving station” means a place for the reception by wireless telegraphy of in ages, sounds and messages transmitted from a transmitting station; “service” means the Delta Radio/Television Service and the Commercial Radio/Television Service established under section 3 (2) of this Law; “special programme” means programme designed, or classified, or approved by the GovernorJas a special programme; “sponsor” means any person at whose expense a sponsored programme is provided, but does not include an agent of the service or an actor, or performer in broadcasting; “sponsored programme” means any matter which is provided for broadcasting at the expense of a sponsor and which in the subject of a radio or television announcement, that mentions the sponsor or the goods or service of such sponsor; “State” means Delta State of Nigeria; “transmitting station” means a station for the transmission by wireless telegraphy of messages or other matters; “wireless telegraphy” means a system of communication whereby messages, sounds, images and other matters are conveyed as defined in the Telegraphs Act without the aid of any wires connecting, the point from which and at which the messages, sounds, images and other matters are sent and received.

3. Establishment of Delta Broadcasting Services Board. (1) There is hereby established for the State a body to be known as the Delta State Broadcasting Services Board (hereinafter referred to as “the Board”) which under that name shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name. (2) The Board shall run Radio and Television Broadcasting Services to be known as: (a) Delta State Radio Broadcasting Services, Asaba. (b) Delta State Radio (Commercial) Services, Warri. (c) Delta State Television Broadcasting Services, Asaba, and (d) Delta State Television Broadcasting (Commercial) Service.

4. Composition of the Board. (1) The board shall consist of a Chairman and six other members representing various interests - (a) Ministry of Information and Culture. (b) The media; (c) Legal Profession; (d) Three other members. (2) The Chairman and the members shall be appointed by the Governor subject to the House of Assembly. Provided that no person who has financial interest, or any business interest in broadcasting or advertising agency, shall be eligible for appointment. (3) Members of the Board shall hold office for a period of three years from the date of appointment and may be re-appointed for a second term only.

5. Salary and allowances of members of the Board. The remuneration and allowances of the Chairman and members of the board shall be fixed by the Governor of the State as he may deem fit.

6. Resignation. A member may resign his appointment by delivering an instrument under his hand to that effect to the Governor, and upon receipt of the said instrument by the Governor, that member’s appointment shall immediately terminate.

7. General Manager. (1) In accordance with the provisions of section 3(2) of this Law, the Governor shall appoint a General Manager for each of the Services upon such remuneration, tenure and other conditions of service as the Governor may determine. (2) The General Managers so appointed shall be responsible for the day to day running of their respective services including the execution of the policy decisions of the Board. (3) The Board may delegate to the General Manager such of its functions under this Law as are necessary to enable him carry out effectively the day-to-day functions or business of the Services. (4) The General Managers appointed under this section shall be assisted by Assistant General Managers, Managers and Controllers who will be appointed by the Board after due clearance with the supervisory Ministry.

8. Secretary. (1) The Board may appoint any person it deems suitable to be its Secretary, from within the Ministry of Information. (2) The Secretary shall ?- (a) upon the direction of the Chairman, summon all meetings of the Board; (b) record and keep in a book provided for that purpose the proceedings of the meetings of the Board; (c) conduct such day-to-day administration of the affairs of the Services as may, from time to time, be referred to him by any of the General Managers; (d) keep custody of the seal of the Board; and (e) perform such other duties as may from time to time be assigned to him by the Board.

9. Employment of other staff. The Board shall have power to appoint from time to time, upon such salaries, terms and conditions any person or persons it deems suitable to appoint as officers or employees for the proper and efficient conduct of the operation of the services under the Board.

10. Power to co-opt. On any occasion where the Board desires to obtain the advice of any person upon any matter, the Board may co-opt such a person to be a member of such meeting or meetings as may be required and such person shall, when so co-opted, have all the rights and privileges of a member save that he shall not be entitled to vote upon any question.

11. Meetings of the Board. (1) The Board shall meet at least once in every calendar month save that the Chairman may at any other time, call for a special meeting of the Board if requested in writing by at least two members of the Board. (2) The Chairman shall preside at all meetings of the Board at which he is present and in his absence, the members present shall elect one of their members to preside at such meeting. (3) The Chairman shall have a casting vote. (4) The Chairman and two other members shall form a quorum. (5) The Board shall have power to regulate its own proceedings and the validity of the proceedings of the Board shall not be affected by any vacancy in its membership or any defect in the appointment of a member.

12. General duties of the Board. (1) It shall be the general duty of the Board to provide independent and impartial Radio/Television Broadcasting for general reception within Nigeria. (2) The Board shall ensure that the services which it provides reflect the unity of Delta State as an entity and at the same time give adequate expression to the culture, characteristics and affairs of the State.

13. Functions of the Board. The Board shall in the discharge of its functions have powers to: (a) erect maintain and operate Radio Television transmitting and receiving stations; (b) operate news, advertisement, propaganda and feature services including press photograph and programmes; (c) provide to other bodies or persons in such manner as it may deem convenient matters to be broadcast in the radio or television stations of those bodies or persons, and receive from other bodies or persons in a similar manner, matters to be broadcast in either of the transmitting stations of the service; (d) collect news, information and advertisement in such manner as it thinks fit and establish and subscribe to news agencies; (e) acquire by registration, purchase, or obtain in any manner copyright in any matter whatsoever as well as in any trade mark and trade name and use exercise develop and grant licences in respect of or otherwise in furtherance of any of the functions or purposes of the services; (f) produce manufacture, purchase, acquire, use, sell, or dispose films and records including tapes and any other devices from which messages, images, sounds or other matters may be reproduced and the procurement of materials and apparatus for use in connection with such films and records; (g) enter into agreement with any person or body for obtaining concessions licences, privileges and other rights; (h) manufacture, produces, purchase or otherwise acquire equipments including, mechanical records, materials and apparatus necessary for the operation of a broadcasting station; (i) make arrangement and enter into agreement with any person for the exercise, performance or provision by the person as agent for the services of any of the stations, powers, equipments or facilities provided by the services; (j) plan regulate and co-ordinate the activities of all the services under the Board; (k) establish and operate a formula for sharing funds among the services; (l) acquire copyright; and (m) carry out such other activities as are necessary or expedient for the discharge by the Board of all or any of its functions made in this Law.

14. Duties of the Board as to programmes and publications. The Board shall have the duty of ensuring that, so far as possible, the programmes broadcast by the services or on its behalf comply with the following requirements - (a) that nothing is included in the programmes which offend against good taste or decency or is likely to encourage or incite to crime or to lead to disorder, or offensive to public feeling; (b) that the programmes maintain a proper balance in their subject matter and are of high standard or quality; (c) that any news given in the programmes (in whatever form) is presented with due accuracy and objectivity; (d) that due impartiality is preserved in respect of matters of industrial controversy or issues relating to current public policy.

15. Broadcast Sponsored. Subject to the provisions of this section, the programmes broadcast by any of the services under this Law or on its behalf may be sponsored and may include advertisements and sponsored announcements broadcast in consideration of payments by persons requiring such sponsored programmes, advertisements and announcements to be broadcast.

16. Powers of the Governor. Subject to the provisions of this Law, the Governor may give to the Board general or specific directives as to the policy which is to be allowed in the exercise and performance of its functions and the Board shall comply with and give effect to such directives.

17. Broadcasting of announcements during period of emergency. The Board shall, whenever requested by an authorised public officer, broadcast a Government programme at the Board’s own expense, which such officer may request the Board to broadcast and shall also, whenever requested by any such officer in whose opinion an emergency has arisen or continues, and shall broadcast as aforesaid any other matter which the officer may request the Board to broadcast and the Board may announce or refrain from announcing that such a notice has been varied or has been revoked.

18. Discipline. The discipline of a1l staff appointed pursuant to section 7(1) of this Law shall be carried out by the Board subject to the approval of the Governor.

19. Staff regulations. The Board shall, subject to section 7(1) and section 18 make regulations relating to the conditions of service of its staff, and without prejudice to the generality of the foregoing, make regulations relating to: (a) the appointment, discipline, remuneration and leave of and security to be given to any such staff; (b) petitions or appeals by the staff and agents against dismissal or other disciplinary measures.

20. Pensions and gratuities. The Board may grant pensions, gratuities and retiring benefits to servants of the Board or their dependants subject to such rules as may from time to time be made by it.

21. Funds and property. The funds of the Board sha1l consist of: (a) such money as may from time to time be provided to it by the state government; (b) such money as may from time to time be lent to the board by any person or body; (c) such money as may at any time be collected or received by any of the services under the board room other sources whether in relation to the execution of its functions or accruing from any property of the board.

22. Expenditure of the Board. The Board may from time to time apply its funds: (a) for the purposes of this Law; and (b) in accordance with any terms and conditions attached to any appropriation or grant made by the State Government.

23. Reports and Accounts. (1) At the end of each financial year but not later than the 30th day of March, next following, the Board shall: (a) prepare a general report of its proceedings and activities during the preceding year; and (b) transmit to the Governor through the Commissioner for Information or supervising authority the report referred to above together with a certified copy of the audited accounts of the service. (c) prepare in respect of each financial year a statement of accounts in a form prescribed by the Permanent Secretary of the State Ministry responsible for finance matters. (2) The Board shall: (a) keep proper account books; (b) keep proper records relating to such accounts; and (3) The account of the Board shall be audited annually.

24. Limitation of action against the Board. (1) Subject to the provisions of the Constitution or any other Law, no suit against the Board or any staff or servant of the Board or any act done in pursuance of or execution or intended execution, of any law or of any public duty or authority, or in respect of any alleged neglect or default in the execution of such law, duty or authority, shall lie or be instituted in any court unless it is commenced within twelve months immediately after the occurrence of the act, neglect or default complained of or in the case of a continuing damage or injury, then within twelve months immediately after such damage or injury has ceased. (2) No suit shall be commenced against the Board until one month after a written notice to commence the suit shall have been served upon the Board by the intending plaintiff or his agent and such notice shall clearly and explicitly state: (a) the cause of action; (b) the particulars of the claim; (c) the name and place of abode of the intending plaintiff; and (d) the relief sought by the intending plaintiff.

25. Service of documents. The notice referred to in section 24 hereof and any summons, notice or other document required or authorised to be served upon the Board under the provisions of this Law or any other law may be served by: (a) delivering the same to the Chairman, General Manager or Secretary; or by (b) sending same by registered post addressed to the General Manager of any of the Services at any of the Principal Offices of the Board.

26. Representation of the service at hearing of unit. (1) At any stage of the proceeding in any suit, the Board may be represented by: (a) a servant of the Board duly authorised in that behalf in writing by the Board; or (b) a Legal Practitioner authorised in writing in that behalf by the Board. (2) For the purpose of this part: “Suit” includes action or any civil proceeding commenced by writ or summons or in such other manner as may be prescribed be rules of court but does not include a criminal proceeding.

27. Proof of documents. (1) Any document purported to be a document duly executed or issued under the seal of the Board or on behalf of the Board shall, unless the contrary is proved, be deemed to be a document so executed or issued by the service. (2) The seal of the Board shall be authenticated by the signature of the Chairman and the Secretary to the Board.