ETLJB 30/06/2014 - V CONSTITUTIONAL GOVERNMENT OF RDTL PROPOSED LAW No. / 2013 Of_______of ______________Media Law
Whereas the right to information, freedom of
speech and of the press are fundamental for the consolidation of democracy, the
Timorese State prepares to strengthen the media sector.
In this context, the present law, the first
of free and independent Timor-Leste, on the defense of press freedom and regulation
of the media, defends the right of the citizen to full exercise of freedom of
thought and expression and allows the information professional the guarantee of
professional secrecy and safeguards their independence.
It is therefore important to delineate by
law to regulate the exercise of such freedoms, ensuring their implementation.
The provision of rules on the exercise of
the right to information and freedom of expression and the press becomes vital,
not only to comply with the relevant constitutional requirements laid down in
Articles 40 and 41 of the Constitution, but also, ultimately to ensure the
construction of a democratic state under rule of law.
This Act aims to ensure freedom of the
press, promoting the necessary balance between the exercise of this fundamental
freedom and other constitutionally protected rights and values.
The eight chapters of this law seek to
regulate the exercise of journalistic activity on national territory for
journalists and media.
Fundamentally, it is intended that properly
prepared and ethically responsible professionals can inform the public in an
objective and impartial manner, stimulating the exercise of active and informed
citizenship by the population.
It is intended by this law to create
mechanisms to regulate and resolve conflicts arising from the relationship of
the media with citizens and society.
An independent administrative entity, to be
created by Decree-Law under the name of Press Council ensures compliance with
this Act, including the observation of the rights and duties of journalists, as
well as compliance with ethical principles of journalistic activity.
Finally, are certain sanctions against any
acts that undermine the right to information.
Thus, The Government presents to the National
Parliament, under Article 97.1(c) and Article 115.2(a) of the Constitution of
the Republic, as an urgent priority request - the following bill:
CHAPTER I
GENERAL PROVISIONS
GENERAL PROVISIONS
Article 1
Subject
Subject
This Act is to guarantee, protect and
regulate journalistic activities in Timor-Leste, run by journalists and media
organizations.
Article 2
Definitions
Definitions
For the purposes of this Act:
a) “Media” means the dissemination of information through sound, text and
images available to the public regardless of their form of reproduction and
dissemination;
b) "media organ”, collective, private or public person who operates
the journalistic activity, encompassing any means of communication;
c) "means of social communication”, which allows the vehicle to
regulate disclosure of journalistic activities, in printed or electronic form;
d) “news agency” specializing in broadcast news for the media company;
e) “journalistic activity" means activity of research, collecting,
sorting, processing and dissemination of information in the form of text, sound
or image, to the public through disclosure in the media;
f) “Journalist”, the professional whose main business journalism as
provided in paragraph d);
g) "means of social communication doctrinal or denominational
nature," the means of communication that is aimed at divulging any
political ideology or religious creed;
h) “Community Radio”, the means of social communication of sound diffusion,
with a view to receiving the community of a particular geographical area,
licensed in the name of a media organization constituted as an association
representing that same community;
i) “Organization of journalists”, usually set up in the form of
association, whose purpose is to defend the rights and strengthening of
professional duties and values inherent in journalism;
j) “Censorship”, the forced removal of information to be published or
transmitted, including their attempt, and the imposition of content to the
media;
k) "right of reply”, the right of every natural or legal person to see
posted or transmitted in response to a content offensive to disclose facts of
his honor, good name, reputation or image;
l) "right of correction”, the right of every natural or legal person
to see corrected to publish or broadcast news that inaccurate facts about him;
m) “Code of Ethics for Journalists”, a compilation of ethical rules
applicable to the profession.
CHAPTER II
FUNDAMENTAL PRINCIPLES
Article 3
Right to information
Right to information
1. All citizens
have the right to inform, inform and be informed, with the ultimate purpose of
achieving a free, developed, just and democratic society.
2. The right to
information for citizens should be provided with objectivity and impartiality,
by clearly distinguishing between facts and opinions, and respect for diversity
of opinion trends.
Article 4
Freedom of the press
Freedom of the press
Under the
previous article, the right of journalists to report shall be exercised based
on its press freedom and creation, which comprises the following privileges:
a) The right of access to all sources of information, except as provided
for by law;
b) The protection of the independence and professional secrecy;
c) The editorial freedom;
d) The right to create media.
Article 5
Limits
Limits
Freedom of the
press does not accept any form of censorship, obeying only the constitutional
limits imposed by the right to honor and privacy, the right to the presumption
of innocence and secrecy.
CHAPTER III
JOURNALISTS
JOURNALISTS
Article 6
Capacity
Capacity
Can be
journalists Timorese citizens whose education and qualifications are recognized
by the Press Council and engaged in journalistic activity with a media organ.
Article 7
Exercise
Exercise
1. The journalist
started his career by performing an internship, lasting six months, in their media
organization.
2. During the
internship, the national media should seek to deepen the technical and language
skills of the trainee as well as make them aware of the rights and duties,
legal and ethical nature, resulting from the exercise of the profession.
3. It is for the
national media to issue a certificate of completion stage successfully.
4. The
certificate referred to above is essential for the issuance by the Press
Council of title identifying himself as a journalist condition.
Article 8
Incompatibilities
Incompatibilities
1. The profession
of journalism cannot be performed concurrently with the following functions:
a) Government Employee;
b) Owner of charge in a sovereign body, the local authorities or community
leadership;
c) Leader of a political party;
d) public relations or press officer, and image;
e) Any activity aimed at promoting goods or services in the form of
advertising.
2. The provisions
of paragraph a) above shall not apply to public officials to perform the duties
of a journalist in the media state.
3. While
performing the duties specified in paragraph 1, the professional must return
the title identifying the Press Council, being prevented from exercising
journalistic activity.
4. Ceases as soon
as the impediment cease the situation that gave rise to it, the journalist may
again exercise his duties as a journalist, if re- integrate any media
organization.
Article 9
Affiliation
Affiliation
Journalists have
the right to affiliate with organizations of journalists of their choice.
Article 10
Rights
Rights
1. The journalist
has the right to identify with their name any work of authorship or in which he
or she has collaborated.
2. The properly
identified journalist has the right of access to official sources of
information, taking into account administrative procedures.
3. The provisions
of the preceding paragraph is subject to the exceptions provided in the law.
4. The properly
identified journalist has the right of access to all events open to the public,
within the performance of their duties as well as those who, although
restricted access, are or may be open to all the media.
5. The journalist
has the right to professional secrecy, and therefore cannot be forced to
disclose their sources of information, except when so ordered by the court
under the criminal procedure law.
6. The journalist
cannot be compelled to express opinions or to subscribe contrary to their
conscience or the Code of Ethics of Journalists, professional tasks cannot be
sanctioned because of this refusal.
Article 11
Duties
Duties
It is the duty of
the journalist:
a) Contribute to a free and democratic society, combating any restriction
on freedom of expression, freedom of the press or any other form of restriction
of the right to information for citizens;
b) Contribute to the development of society by informing citizens in an
educational, honest and responsible manner in order to promote the creation of
enlightened public opinion;
c) To defend the pluralism of opinions, ensuring the ability of expression
of the different currents of opinion and respect for cultural, religious and
ethnic diversity among citizens;
d) Exercise their profession independently and exemption without other
major interests beyond the right of public understanding;
e) Always keep the personal rights of citizens, including protecting their
honor, dignity and privacy, except when you are concerned, the obvious and
unequivocal defense of the public interest;
f) Respect the presumption of innocence of those targeted in legal
processes until the final judgment of the courts;
g) Carry out their activity with respect for ethical principles of the
profession, complying with the rules contained in the Code of Ethics of
Journalists.
Article 12
Code of Ethics
Code of Ethics
Journalists and
their professional organizations are responsible for the creation of a Code of
Ethics, which shall lay down the rules of conduct which bind all professionals
in the exercise of the activity.
CHAPTER IV
Media
Media
Article 13
Media Businesses
Media Businesses
1. The role of
media is to inform, educate and entertain contributing to an informed society
and a diverse public.
2. Any Timorese
citizen has freedom to be a media organization, in the form of commercial
company under the law.
3. The state has
the right to create media public service under the law.
4. Community
radio stations have to be established by the local community through a
community association in accordance with their nature and governed by law.
5. The State and
its citizens are free to create news agencies for the dissemination of
information at national and international level.
6. Political
parties cannot create media.
7. The
participation of foreign legal and natural persons in the social capital of a
media organization respects the provisions on immigration.
8. The bodies of
foreign media wishing to place or highlight a correspondent in Timor-Leste must
request authorization from the responsible Ministry.
Article 14
Licensing
Licensing
The bodies of
radio and television media operate only under license frequency, to be
allocated by the National Communications Authority, with the ultimate aim of
ensuring proper management of the radio spectrum.
Article 15
Formal Requirements
Formal Requirements
1. The media must
disclose its registered name and address of its registered office.
2. The organs of
printed media must also contain, in the first page, the publication title,
date, schedule to respect and its price as well as in any interior page of the
owner, the board members, the editorial responsibility and the name and address
of the registered office of the printer body.
3. The radio or
television programs should refer to the identification of the authors and the
editorial and technical experts.
4. The media have
an obligation to preserve a copy of audiovisual materials for six months after
its publication.
Article 16
Advertising
Advertising
1. The dissemination
of advertising materials must respect the constitutionally enshrined values ,
principles and institutions.
2. Any
advertising written or graphic advertising, in the form of text or image whose
inclusion has been paid, shall be identified by the letters “PUB”.
3. The insertion
of advertising material in the media cannot undermine its editorial
independence.
CHAPTER V
RIGHT OF REPLY AND CORRECTION
RIGHT OF REPLY AND CORRECTION
Article 17
Applicable Conditions
Applicable Conditions
1. The right of
reply or correction shall be exercised by the owner or legal representative
within fifteen days from the date of publication or broadcast of the target
response or rectification content.
2. The right of
reply or correction is accomplished in the meantime, with the consent of the
owner or his representative, the media outlet has corrected or clarified the
content in question.
3. The text of
reply or correction, properly identified, should be directed to the head of the
organ of communication.
4. The reply text
may not, under penalty of refusal:
a) exceed the scope of the references that provoked it;
b) spill over the boundaries of space or time the content that gave rise to
it;
c) Contain offensive or uncivil expressions to any of the persons or
entities involved.
5. The refusal
must be justified by the editorial responsibility of the organ of communication
and must be made known to the copyright holder the day following the day the
reply text was received.
6. The text of
reply or correction shall be published or broadcast in following the date of
receipt edition, following the same criteria of visibility of the content that
gave rise to it.
7. The refusal
baseless exercise a right of reply constitutes an offense under Article 21.1(f).
CHAPTER VI
FORMS OF LIABILITY
FORMS OF LIABILITY
Article 18
Forms of liability
Forms of liability
By acts detrimental
to the interests and values protected by law, committed through the press,
the authors respond, civilly and criminally.
Article 19
Civil Liability
Civil Liability
1. Are jointly
and severally liable for the damages they have caused in cases of publication
of text, sound or image in a media organization, the author, the Director or
his legal substitute and the company or media organization;
2. The right to compensation for damage caused by media lapses if their action is not brought within three years from the date on which the publication or broadcast occurred, as provided in Article 432 of the Civil Code.
2. The right to compensation for damage caused by media lapses if their action is not brought within three years from the date on which the publication or broadcast occurred, as provided in Article 432 of the Civil Code.
Article 20
Breaches
Breaches
1. Violations of
the provisions of this law that does not entail the criminal liability, and for
which the Press Council has exhausted its mediation mechanisms, will be
punished by the competent authority with the following fines:
a) $250 to $ 1000 USD for breach of Article 8.1;
b) $ 250 to $500 USD for breach of the provisions of Article 9;
c) $ 500 to $1500 USD compliance with the provisions of Article 11;
d) $ 1000 to $2500 USD compliance with the provisions of paragraphs 2 and 4
of Article 15;
e) $ 5000 to $25,000 for breach of the provisions of Article 16;
f) $ 2500 to $10,000 for breach of Article 17.7.
2. The allocation
of revenues from the fines referred to in the preceding paragraph shall be
determined in joint diploma of the Ministry of Finance and the Ministry that
oversees the area of Social Communication.
Article 21
Attack on freedom of information
Attack on freedom of information
1. Is punished
with imprisonment up to two years or fine those who impede the exercise of
journalistic activity.
2. The public
official or agent of the State who commits assault on freedom of the press
shall be punished with imprisonment up to three years or a fine.
3. An attempt is
punishable.
4. The criminal
liability of the offender does not affect the right to compensation under the
general liability regime.
CHAPTER VII
PRESS COUNCIL
PRESS COUNCIL
Article 22
Composition and powers
Composition and powers
1. The Press
Council is an independent administrative authority whose mission is the defense
of the right to information and freedom of expression, defining their
activities without being subject to any guidelines or directions of political
power, in strict compliance with the Constitution.
2. The Press
Council consists of seven members, appointed as follows:
a) Three journalists chosen by journalists' organizations legally
established in Timor -Leste;
b) Two representatives of the owners of the media, chosen by them;
c) Two public figures of recognized merit related to the development of the
media, whose career guaranteeing his tenure with the spirit of protection of
press freedom, chosen by journalists and owners of media organizations.
3. The seven
members of the Press Council shall elect among themselves the President.
4. The term of
each member of the Press Council has a duration of four years, with possible
renewal only once.
5. The Press
Council has the following functions:
a) protecting press freedom from any influences of individuals, groups or
political and economic interests;
b) Recognize and oversee compliance with the Code of Ethics by all
journalists and media;
c) to maintain a database of media companies, journalists' organizations
and journalists in the exercise;
d) recognize the professional status of journalists indicated by the media
under Article 7;
e) To arbitrate, mediate and resolve disputes arising from the exercise of
journalistic activity, the relationship between citizens, organizations, state
bodies and the media;
f) issue opinions where the Court considers it necessary to expert opinion
of the Press Council with a view to settling disputes arising out of
journalistic activity;
g) To promote communication between the activity of media, society and
state organs;
h) Supporting organizations of journalists in the development of
professional, technical and intellectual skills of journalists by conducting
two aptitude tests per year.
6. The financial
burden of the Press Council are assured, without prejudice to raising own
revenues, for allocation to the State Budget.
7. The form of
budget allocation should not affect the independence of the Press Council.
CHAPTER VIII
TRANSITIONAL AND FINAL PROVISIONS
TRANSITIONAL AND FINAL PROVISIONS
Article 23
Prior Rights
Prior Rights
1. For journalists
engaged in the media in Timor-Leste for longer than six years, the criteria set
out in Articles 6 and 7 do not apply.
2. Under the
preceding paragraph, the media must ensure the delivery of their own way of
identifying every journalist, not subject to a period of apprenticeship.
Article 24
Transitional regime
Transitional regime
1. The media that
do not comply with paragraphs 2 and 4 of Article 13 to the date of entry into
force of this Act shall have a period of one year from that date to complete
the process of regularizing their situation before the competent public
authorities.
2. The media that
does not comply with Article 14, the date of entry into force of this Act shall
have a period of one year from this date to make a request for regularization.
3. The media that
does not comply with Article 15 to the date of entry into force of this Act
shall have a period of ninety days after that date to comply with the formal
requirements set out.
4. Until the
entry into force of the ordinance referred to in the following article and
start of operation of the Press Council and the State Government with the
responsibility of Social Communication temporarily perform the duties assigned
to him.
Article 25
Regulation
Regulation
1. The Statute of
the Press Council must be approved by Decree -Law, within ninety days of the
entry into force of this Act.
2. The Statute of
the Press Council shall determine the form of recognition of capable
journalists organizations to participate in the appointment of three
members who will join its Board.
3. The remaining
regulations of this law will be approved by Government Decree.
Article 26
Entry into force
Entry into force
This Law shall
enter into force thirty days after its publication.
Approved by the
Council of Ministers on August 6, 2013.
The Prime
Minister,
___________________________________
Kay Rala Xanana Gusmao
Kay Rala Xanana Gusmao
Source: Lao Hamutuk http://www.laohamutuk.org/misc/MediaLaw/14MediaLaw.htm
See also
HRW: East Timor: Revise Repressive Media Law
New law does not bode well for free media in Timor-Leste (UCAN)
Confusion reigns over Timor-Leste’s controversial new media law
Pacific Freedom Forum calls on President to veto new media law in Timor-Leste
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