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RULES OF PROCEDURE
Composition.
1. The Press Ethics Commission is nominated by the Council of The
Malta Press Club and shall consist of a Chairman and six members.
2. The Chairman and at least one of the members shall belong to
the legal profession.
3. The Commission shall hold office for two years but any one of
the members is eligible to be nominated again after the term of
office has ended.
4. A secretary to the Commission shall be nominated by the Council
after consulting the Chairman of the Commission. The Secretary shall
carry out such administrative duties as the Chairman shall direct.
He is not entitled to take part in the discussions of the Commission
and shall have no right to vote.
Meetings.
5. The Commission shall meet whenever this is necessary and shall
be convened in writing by the Secretary as directed by the Chairman.
However there shall normally be a monthly meeting on a given day
of each month as shall be established by the Commission from time
to time.
6. The quorum for a valid meeting shall be of four members and if
the Chairman is not present the members shall proceed to nominate
one of them to act as Chairman for that meeting.
7. When a meeting arrives at a disciplinary decision and the Chairman
or the other member of the Commission who has a legal qualification
is not present that decision shall be held over to be reported to
the Chairman. If the decision does not meet with his approval he
shall as soon as may be convene a meeting to explain his dissent
and the decision reached after this shall be the decision of the
Commission.
8. Each member has a vote including the Chairman, who also has a
casting vote in case of a tie.
9. Decisions taken shall be registered in the Minutes which shall
also indicate the votes cast for and against without indicating
the names of the voters. Any abstentions shall also be recorded.
Complaints.
10. Complaints against bona fide journalists alleging breach of
Journalistic Ethics can be made to the Commission by any person
who considers himself to be injured by the breach. Complaints shall
be addressed to the Chairman or the secretary and if they are received
by the Council of The Malta Press Club these shall be immediately
redirected to the Chairman or the secretary without delay.
11. Complaints shall be in writing and duly signed by the person
aggrieved or by a person charged to act in his behalf. The complaint
shall be accompanied by a copy of the impugned writing or transcript
of the broadcast, or by a film or video as the case may be.
12. Complaints shall be made within the period of one month from
the date of the publication of the alleged breach. The secretary
shall acknowledge receipt of every complaint.
13. The Commission shall at its first meeting after receiving the
complaint examine prima facie the contents of the same and establish
whether the case can be heard on the first available date. If the
Commission considers that additional documentary or other essential
information is necessary before it can proceed with a hearing, it
shall first request the same from the complainant and shall only
fix a date for the hearing when the documentation or information
requested has been supplied.
14. When the case is set down to be heard, a copy of the complaint
and all the documentation shall be forwarded to the journalist against
whom the complaint has been made. The journalist may, if he so wish
send to the Commission any written on the case but he is not obliged
to do so.
15. On the date set for the hearing of the complaint, the Commission
shall hear the complainant and his witnesses if any and shall then
hear the journalist and his witnesses if any. Both the complainant
and the journalist may be assisted by any other trusted person.
16. The proceedings shall be conducted by the Chairman who shall
rule on any point of procedure which may arise.
17. The Commission shall in its deliberations and decisions observe
the principles of Justice. The normal rules of procedure shall,
as much as possible, guide the proceedings.
18. If the complainant fails to appear for the hearing and his absence
is not deemed to be justified, the Commission shall not take any
further notice of the complaint. If the journalist who is called
for the hearing fails to appear and his absence is deemed to be
unjustified the Commission may decide to proceed with the hearing
in absentia.
Language.
19. The proceedings of the Commission shall be conducted in the
Maltese Language unless the journalist accused of a breach who is
not a Maltese citizen requests that the English Language be used
in his case.
20. The Minutes of the res gestae of the Commission may be kept
in English unless the Commission decides otherwise as it deems necessary,
from time to time.
21. The Secretary shall reply to any correspondence received in
the same language which is used by the correspondent.
Mediation.
22. The Commission shall begin the proceedings when the complainant
and the journalist are present for the first meeting, offer to the
parties the possibility of acting as a mediator in order to reach
between them an amicable settlement of the dispute.
23. If the parties agree to accept the mediation, a member of the
Commission shall be chosen by the Chairman to act as a mediator.
The Chairman shall privately consult the parties and his choice
shall be made in accordance with their wishes.
24. When the mediation offer is accepted the case will be adjourned
sine die and will be reconvened by the Chairman following the report
to him by the mediator as to whether a settlement has been reached
or the case has to be considered by the Commission.
Sanctions.
25. When the Commission decides that a breach has been committed
it shall condemn the transgressor and inflict one or more of the
sanctions contained in the Code so as to reflect the gravity of
the offence.
26. The decisions of the Commission shall in all cases be communicated
to the complainant, the journalist accused of the breach and the
Head of the Organization in which he works, and the Chairman of
The Malta Press Club.
General.
27. The Secretary shall during the month of January draw up a concise
report of the workings of the Commission during the preceding calendar
year. The report shall be signed by the Chairman and the Secretary,
and shall be sent to the Council of The Malta Press Club.
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