Media Council: Two points of view
What Government is proposing:
• An "independent media council" made up of five elected representatives of the local media, six (non-media) members appointed on the recommendation of the Premier in consultation with the Opposition leader, plus a (non-media) chairman appointed by the Governor.
• A code of practice established by the council within its first six months to govern the conduct of the local media, as well as a complaints procedure.
• The code would cover issues including fairness and accuracy, right to reply, privacy, harassment, children, court reporting, confidential sources, headlines and captions, letters, pictures and editorial material.
• The council would deal with complaints about breaches of the code, promote training and excellence in reporting and journalism, and foster relations between the media and the community.
• The local media would fund the council — with the council itself able to determine the proportions to be paid by each media outlet. Costs would include the salary for an executive officer and an annual audit of the council's financial statements.
• It would have to publish minutes of its meetings and any decisions it takes.
• Anyone could make a complaint to the council about anything published in the print media, including editorial comment, and any news, comment on news or discussion of public affairs on broadcast media.
Complaints could also be made about the conduct of media employees in their professional capacity.
• Complaints would have to be made within three months and be based on an alleged breach of the code.
• If a complaint was upheld, the council could order news organisations to publish or broadcast an apology, retraction or correction or ban them from publishing or broadcasting anything that was the subject of a complaint. The Media Council Act doesn't set out what would happen to organisations which fail to comply.
• The council would be a body corporate which could sue and be sued.
• The Act covers the Bermuda Sun; the print and online versions of The Royal Gazette and its magazines; Workers' Voice; Bermuda Broadcasting Corporation; DeFontes Broadcasting (VSB); Inter-Island Communications (HOTT 1075); LTT Communications (KJAZ 98.1FM); CITV; Fresh TV; Look TV; and Onion TV. It doesn't mention the online version of the Sun, magazines such as The Bermudian or The Uptowner and online-only news outlets such as Bernews.com and Bermuda.com.
What the media wants*:
• A truly independent, non-legislated, self-regulated press council.
• For the council to not regulate the broadcast media at all, since that sector of the industry is already subject to regulations and licensing and falls under the scrutiny of the Broadcast Commission.
• It would have a "decisive majority of lay members" who would be appointed by an appointments committee made up of media-nominated members. None of the members of the committee would have any association with the media in Bermuda or overseas.
• The council would have an independent chairman with no interests in any media here or abroad and a minority membership of senior members of the media.
• The council would have a journalism advisory board to promote training and journalistic excellence through awards, as well as organising media fund-raising events.
• The council's fundamental role would be as guardian of a code of practice, which it would draft and update as and when necessary. It would also draw up a complaints procedure, appoint an independent executive officer and panels to assist the officer with complaints. The officer would weed out "malicious or spurious complaints".
• The council would draft guidelines on what censure was available to the media if it was found to have breached the code.
• The code of conduct would be binding on all media organisations and would be the "cornerstone of a system of self-regulation". It would set out ethical standards that protect the rights of the individual and the public's right to know.
• Complainants would have to be directly affected or involved in a story alleged to have breached the code of practice. They and the media outlet would be allowed to make verbal submissions but those meetings would be held behind closed doors.
• Either side could appeal to the media council if they were not satisfied with the findings of the executive officer. The chairman of the council could dismiss an appeal or refer it to the full council for a final, binding deliberation.
* Bullet points taken from Annex I of a letter sent to the Premier by the Island's media on December 12, 2008.
* You can download and read the complete Media Council Act. by clicking here.