- ARRANGEMENT OF SECTIONS
- PART 1 – PRELIMINARY
- PART 2 – ESTABLISHMENT AND PROCEDURES OF THE VANUATU BROADCASTING AND TELEVISION CORPORATION
- 2. Establishment of the Vanuatu Broadcasting and Television Corporation
- 3. Constitution of the Corporation
- 4. Casual vacancies among members
- 5. Seal of the Corporation
- 6. Meetings of the Corporation
- 7. Rules of the Corporation
- 8. Allowances of the members of the Corporation
- 9. Temporary appointments of members of the Corporation
- 10. Functions and duty of the Corporation
- 11. Powers of the Corporation
- 12. Staff of the Corporation
- 13. Appointment of officers
- 14. Provisions for employees of the Radio Vanuatu
- 15. Powers of the Corporation in regard to the staff of the Corporation
- 16. Corporation’s financial year
- 17. Funds of the Corporation
- 18. Accounts and audit and annual report
- 19. Submissions of estimates for purpose of grants
- 20. Submission of programme of work to the Minister for his approval
- 21. Loans
- 22. Transfer of property etc., to the Corporation
- 23. Contracts
- 24. Rules made by the Corporation
- 25. Prohibition
- 26. Exemption
- 27. Penalties
- 28. Protection for action taken under this Act
- 29. Returns and information
- 30. Power to enter any land or premises
- 31. Intrusion, trespass or obstruction
- 32. Corporation may insure employees
- 33. When copyright in musical works not infringed by Corporation
- 34. Delegation of powers of the Corporation
- 35. Corporation to comply with Government policy
- 36. Proceedings conducted by officers of the Corporation
- 37. Sanction of Public Prosecutor
- 39. Corporation’s symbol
- 40. General penalties
- 41. Minister to give directions
- 42. Establishment of Advisory Committee
- PART 3 – LICENSING
- 43. Licensing
- 44. Minister may delegate his powers
- 45. Licensing of broadcasting station
- 46. Validity of licence
- 47. Power of Minister to vary, revoke or impose further conditions
- 48. Revocation or suspension of licence
- 49. Penalties
- 50. Search warrants
- 51. Non-compliance with this Part
- 52. Trial of offences
- 53. Compounding of offences
- 54. Regulations
- PART 4 – MISCELLANEOUS
Broadcasting and Television Act [Cap 214]
LAW OF THE REPUBLIC OF VANUATU CONSOLIDATED EDITION 2006
Commencement: 26 November 1992
CHAPTER 214 BROADCASTING AND TELEVISION
Act 3 of 1992 Act 13 of 2000 Act 11 of 2003
ARRANGEMENT OF SECTIONS
PART 1 – PRELIMINARY
1. Interpretation
PART 2 – ESTABLISHMENT AND PROCEDURES OF THE VANUATU BROADCASTING AND TELEVISION CORPORATION
2. Establishment of the Vanuatu Broadcasting and Television Corporation 3 Constitution of the Corporation 4. Casual vacancies among members 5. Seal of the Corporation 6. Meetings of the Corporation 7. Rules of the Corporation 8. Allowances of the members of the Corporation 9. Temporary appointments of members of the Corporation 10. Functions and duty of the Corporation 11. Powers of the Corporation 12. Staff of the Corporation 13. Appointment of officers 14. Provisions for employees of the Radio Vanuatu 15. Powers of the Corporation in regard to the staff of the Corporation 16. Corporation’s financial year 17. Funds of the Corporation 18. Accounts and audit and annual report 19. Submissions of estimates for purpose of grants 20. Submissions of programme of work to the Minister for his approval 21. Loans 22. Transfer of property etc. to the Corporation 23. Contracts 24. Rules made by the Corporation 25. Prohibition 26. Exemption 27. Penalties 28. Protection for action taken under this Act 29. Returns and information 30. Power to enter any land or premises 31. Intrusion, trespass or obstruction 32. Corporation may insure employees 33. When copyright in musical works not infringed by Corporation 34. Delegation of powers of the Corporation 35. Corporation to comply with Government policy 36. Proceedings conducted by officers of the Corporation 37. Sanction of Public Prosecutor 38. Offence by body corporate 39. Corporation’s symbol 40. General penalties 41. Minister to give directions 42. Establishment of advisory committee
PART 3 – LICENSING
43. Licensing 44. Minister may delegate his powers 45. Licensing of broadcasting station 46. Validity of licence 47. Power of Minister to vary, revoke or impose further conditions 48. Revocation or suspension of licence 49. Penalties 50. Search warrants 51. Non-compliance with this Part 52. Trial of offences 53. Compounding of offences 54. Regulations
PART 4 – MISCELLANEOUS
55. Savings of prosecutions under other written laws 56. Regulations 57. Provisions of this Act to prevail
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BROADCASTING AND TELEVISION
An Act to provide for the control of broadcasting and television services; for the establishment of a corporation known as the Vanuatu Broadcasting and Television Corporation; for the purpose of carrying on the services of broadcasting and television in Vanuatu; for the issue of licences by the Minister for the establishment of private broadcasting stations; and for matters connected therewith.
PART 1 – PRELIMINARY
1. Interpretation In this Act unless the context otherwise requires –
"broadcasting" means the transmission by radio, television or satellite of any message or other broadcast matter for reception by the general public;
"broadcasting apparatus" means:
(a) any satellite dish or satellite decoder; or
(b) any other apparatus capable of or designed or constructed for the transmission or reception of broadcast matter by radio waves, wire, cable, optical fibre, satellite or any other means or a combination of those means;
"broadcast matter" means any signs or signals transmitted by a broadcasting station or a satellite transponder, whether for aural or visual reception or both, and includes any music, theatrical or other entertainment, concert, lecture, speech, address, parade, sports event, rally, advertisement, news and information of any kind so transmitted;
"broadcasting service" means a service whereby sounds or visual images are transmitted by the person operating the service to listeners or viewers of the service by means of radio waves, wire, cable, optical fibre, satellite or any other means or a combination of any of those means;
"broadcasting station" means a station which transmits broadcast matter by radio waves, wire, cable, optical fibre, satellite or any other means or a combination of any of those means for reception by the general public and includes the studio, transmitting station and technical equipment used for transmitting broadcast matter;
"Chairman" means the Chairman of the Corporation appointed under subsection (2) of section 3 and includes any person appointed to act as Chairman;
"Corporation" means the Vanuatu Broadcasting and Television Corporation established under section 2;
"Deputy Chairman" means the Deputy Chairman of the Corporation appointed under subsection (2) of section 3 and includes any person appointed to act as Deputy Chairman;
"General Manager" means the General Manager of the Corporation appointed under subsection (1) of section 12, and includes any person acting in that capacity;
"member of the Corporation" includes the Chairman and the Deputy Chairman of the Corporation;
"Minister" means the Minister responsible for broadcasting and television;
"private broadcasting station" means a broadcasting station established or operated by some person other than the Corporation;
"satellite decoder" means a device for transforming signals from a satellite dish or a satellite transponder into sounds and/or images;
"satellite dish" means a device for the transmission of signals from the earth to a satellite transponder or for the reception on the earth of signals transmitted from a satellite transponder;
"satellite transponder" means a device in a space satellite that is capable of receiving signals from a satellite dish and immediately retransmitting those signals for reception by a satellite dish;
PART 2 – ESTABLISHMENT AND PROCEDURES OF THE VANUATU BROADCASTING AND TELEVISION CORPORATION
2. Establishment of the Vanuatu Broadcasting and Television Corporation There is hereby established a Corporation to be called the Vanuatu Broadcasting and Television Corporation which shall be a body corporate with perpetual succession and a common seal and in that name may sue and be sued. 3. Constitution of the Corporation (1) The Corporation shall consist of members not less than 5 and not more than 7 appointed by the Minister, on the recommendation of the Council of Ministers, from amongst persons appearing to him to be qualified by reasons of experiences in broadcasting, television, engineering (especially telecommunications, electronics or computer technology), journalism, public relations, communications, administration, finance, law, accountancy or other related subject. (2) The Minister shall appoint a Chairman and a Deputy Chairman of the Corporation from amongst the members of the Corporation. (3) A person shall be disqualified for being appointed or continuing, as a member of the Corporation –
(a) if he is or becomes a member of Parliament; or
(b) if he is or becomes a member of a local government council; or
(c) if he is or becomes a member of a municipal council; or
(d) if he exercises a position of responsibility within a political party;
(e) if he is or becomes the owner, a partner, a director, manager or a major shareholder of or in any business which has a business transaction with the Corporation.
(4) Every member of the Corporation unless he vacates office under subsection (7) shall hold office for such period not exceeding 3 years as is specified by the Minister and shall be eligible for reappointment. (5) A member of the Corporation may at any time, by notice in writing to the Minister, resign from the Corporation. (6) (Repealed) (7) The Minister may remove the Chairman, Deputy Chairman and any member of the Corporation if he or she:
(a) is incapacitated by physical and mental illness; or
(b) has performed unsatisfactorily for a significant period of time; or
(c) is convicted of an offence involving dishonesty or fraud; or
(d) is absent from 4 consecutive meetings of the Corporation unless the member is excused by the Corporation for having been absent from those meetings; or
(e) becomes bankrupt; or
(f) is otherwise unfit or unable to discharge the functions of a member.
(8) No act or proceeding of the Corporation shall be invalid by reason only of the existence of any vacancy amongst its members or any irregularity in the appointment of a member thereto. (9) All appointments made under this section shall be published in the Gazette. 4. Casual vacancies among members (1) If a member of the Corporation dies or resigns or is removed from office, the Minister may appoint any other person to be a member in place of the member who dies or resigns or is removed from office. (2) A member appointed under subsection (1) shall, unless he earlier resigns or vacates office by death or removal, hold office for the unexpired part of the term of office of the member whom he succeeds. 5. Seal of the Corporation (1) The seal of the Corporation shall be in the custody of the Corporation. (2) The seal of the Corporation may be altered in such manner as may be determined by the Corporation. (3) The application of the seal of the Corporation shall be authenticated by the signature of –
(a) the Chairman of the Corporation or some other member of the Corporation authorized by the Corporation to authenticate the application of the seal; and
(b) the General Manager of the Corporation or some other officer of the Corporation authorized by name by the Corporation to act in his stead in that behalf.
6. Meetings of the Corporation (1) The Chairman shall summon meetings as often as may be required, but not less frequently than once in three months. (2) The quorum for any meeting of the Corporation shall be four members of the Corporation, one of whom shall be the Chairman or in his absence the Deputy Chairman. (3) The Chairman or in his absence the Deputy Chairman shall preside at all meetings of the Corporation. 7. Rules of the Corporation The Corporation may make rules to provide for the holding of meetings and the procedure to be followed at such meetings. 8. Allowances of the members of the Corporation The members of the Corporation shall be paid such allowances in such manner and at such rate as may be determined by the Minister with the approval of the Minister responsible for finance. 9. Temporary appointments of members of the Corporation Where a member of the Corporation is by reason of illness, infirmity or absence from Vanuatu, temporarily unable to perform the duties of his office, the Minister may appoint another person to act in his place. 10. Functions and duty of the Corporation (1) The functions of the Corporation shall be –
(a) to provide television and sound broadcasting services within Vanuatu, for disseminating information, education and entertainment;
(b) to secure proper standards of television and sound broadcasting with regard to both programme content and technical performance of broadcasts;
(c) to exercise licensing and regulatory functions in respect of the sale and use of television receivers and broadcasting receiving apparatus;
(d) to act internationally as the national authority or representative of Vanuatu in respect of matters relating to broadcasting;
(e) to advise the Minister in respect of matters relating to broadcasting;
(f) to exercise and perform such functions and duties in relation to broadcasting as are conferred or imposed under this Act.
(2) It shall be the duty of the Corporation –
(a) to provide adequate and comprehensive programmes with a view to serving the best interests of the general public;
(b) to develop the television and sound broadcasting services to the best advantage and interest of the country subject to such directions as the Minister may from time to time lay down;
(c) to ensure that nothing is included in the programmes broadcast by the Corporation which –
(i) offends against good taste or decency; or
(ii) is likely to incite crime or lead to disorder; or
(iii) offends any racial group or may promote ill will between different races or different groups of people; or
(iv) offends the followers of any religious faith or order; or
(v) may outrage public feelings in general;
(d) that a sufficient amount of time is given to news, news features and current affairs and to ensure that all news, in whatever form, is presented with due accuracy and impartiality and with due regard to the public interest.
11. Powers of the Corporation (1) The Corporation shall subject to the provisions of this Act, have power to do all things necessary and conducive for the proper discharge of its functions under this Act. (2) Without prejudice to the generality of the provisions of subsection (1), the Corporation may –
(a) establish, install and operate stations for television and sound broadcasting;
(b) subject to the approval of the Minister, purchase, lease, sublease or otherwise acquire and hold any property (movable or immovable) required for the carrying out of its functions under this Act;
(c) erect, alter, reconstruct, equip any television or sound broadcasting station, or any building or structure on any land belonging to or administered by the Corporation for use in connection with any sound or television broadcasting station or in connection with the exercise of its powers;
(d) with the prior approval of the Minister, dispose by sale, lease, or sublease or otherwise, of any land or interest in land;
(e) take or lease, rent or purchase houses or purchase or take or lease sites and erect houses for the use of its officers;
(f) to provide training schemes, whether by itself or with the co-operation of other persons or bodies as the Corporation thinks fit, for the employees of the Corporation and other persons or bodies concerned with television or sound broadcasting and cognate or ancillary services;
(g) to conduct researches and investigations necessary for the improvement and development of broadcasting and reception thereof;
(h) with the approval of the Minister, to enter into joint ventures or partnerships with other broadcasting authorities or international agencies or private organizations for the purpose of promoting broadcasting services;
(i) to produce, manufacture, or otherwise acquire films and records (including compact discs and tapes and any other devices from which visual images or sounds may be reproduced) and material and apparatus for use in connection with films and such records and to employ such films, records, material and apparatus in connection with the broadcasting and televising services of the Corporation or for any purpose incidental thereto and to sell, rent or otherwise dispose of such films and records;
(j) to determine the hours during which the television and sound broadcasting programmes may be transmitted;
(k) to accept advertising materials and programmes for television and sound broadcasting upon payment of such charges as may be determined by the Corporation from time to time and to determine the conditions subject to which advertisements may be accepted for transmissions;
(l) to provide broadcasting and television facilities for commercial and social activities including the broadcasting and televising of advertisements and make charges therefore;
(m) to utilize all the property of the Corporation, movable and immovable, in such manner as the Corporation may think expedient including the raising of loans by mortgaging such property;
(n) to sell, hire, let or otherwise supply television and sound equipment and install, repair, maintain or remove any such equipment;
(o) to publish or arrange for the publication of such periodicals or other publications as it may consider of benefit to any broadcasting service carried on by the Corporation;
(p) to do all such things as the Corporation considers to be in the interests of the community for the purpose of developing and improving broadcasting talent; and