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WAPC>Previous Documents
Proposals of Indian Press Council
Saturday, November 01, 2003

WHEREAS in all democratic States freedom of expression is recognized as an inviolable human right,

AND WHEREAS the States of the World have on several occasions solemnly declared their support for freedom of expression,

AND WHEREAS under international law, freedom of expression and its corollary, freedom of the media, have emerged as a right of humanity,

AND WHEREAS freedom of the media is recognized not simply as a freedom journalists, editors or proprietors - but rather as a right of all citizens to be informed on all matters of public interest,

AND WHEREAS it is implicit and inherent in the institution of a free media that the media exercise its powers and duties in a responsible manner,

AND WHEREAS it is recognized that the free media must be accountable to the, public, but not to the government,

AND WHEREAS the creation of such organs as independent Media Councils and the institution of the office of media Ombudsman are recognized ;is methods whereby the freedom, the responsibility and the accountability of the media may be maintained and enhanced,

AND WHEREAS independent Media Councils provide, inter alia, a democratic, efficient and inexpensive forum for the hearing of complaints against and by the Media and for maintaining and assisting in, the enhancement of its freedom, responsibility and accountability,

AND WHEREAS a number of independent Media Councils, Ombudsmen and similar bodies have been created in various countries and regions throughout the world,

AND WHEREAS at the first International Conference of Press Councils and Similar Bodies held in Kuala Lumpur in November 1985 a Declaration (hereinafter called the "Kuala Lumpur Declaration") was adopted which codifies the principles uoder which Press Councils operate and which is set out in the Annexure to this Constitution,

AND WHEREAS at the second International Conference of Press Councils and Similar Bodies held in Kuala Lumpur from 18 to 20 November 1989) (the "Second International Conference") it was decided that it would be expedient that there be an Association facilitating liaison and the advancement of matters of common interest between the Councils,

AND WHEREAS at the same Second International Conference, it was decided to establish a pro tern Committee to examine and to develop a Constitution to be submitted to Press Councils and similar bodies for discussion with a view to the approval, and ratification of the Constitution of a World Association of Press Council,

AND WHEREAS the pro tem Committee framed a Constitution for such discussion and with a view to its approval,

AND WHEREAS IT WAS AGREED at the third International Conference of Press Councils and Similar Bodies held in New Delhi in October 1992 that an Association be formed to facilitate such liaison and cooperation and the advancement of matters of common interest and that the Constitution was formally adopted, a true copy of which is annexed hereto,

AND WHEREAS the experience of the working of the past years of the said Constitution has revealed certain deficiencies and difficulties,

AND WHEREAS the new developments in the World and in the media-scenario have also created new situations and needs,

AND WHEREAS it is felt that to meet the new challenges and the needs, it is necessary to amend the Constitution, It is hereby decided to have and adopt the following Amended Constitution, and for that purpose,

NOW IT IS FORMALLY AGREED THAT:

Article 1: Name

This Association will hereafter be known as the World Association of Media Councils and Similar Bodies (in short, WAMC). The WAMC is hereinafter referred to as Association.

Article 2: Definitions

(a) The expression "Media Councils and Similar Bodies" will mean and iiiciiidc all mechanisms, institutions and bodies, by whatever name they may be called and howsoever they may be formed, which provide for internal self- regulatory mechanism for the mass media, whether exclusively for the print or the electronic media, or for both.

(b) "General Assembly", means the General Assembly referred to in Article 5. 1.

(c) President, Vice-President, Secretary General, Treasurer, Chairman of the Executive Council and other Members of this Execution Council mean those office bearers of the Association as are referred to in Article 6.1 to 6.6 respectively.

(d) Executive Council means the Executive Council referred to in Article 8.

Article 3: Objects

The objects of the Association are;

(a) to maintain and promote the institution of a free and responsible media,

(b) to encourage, maintain and promote the institution of independent Media Council and similar bodies in pursuance of the Kuala Lumpur Declaration, as appropriate bodies to assist in ensuring the freedom, the responsibility and the accountability of the press,

(c) to support the principles of the Kuala Lumpur Declaration,

(d) to disseminate information on the concept of the Media Council as a democratic, efficient and inexpensive facility for the hearing of complaints by and against the media,

(e) to provide an organization through which Media Councils and Similar Bodies may discuss, compare and exchange information and facilitate liaison,
(f) to raise, seek and obtain finance, as appropriate, to sustain and promote these objects,

(g) to encourage media to promote understanding between the peoples of different countries, and

(h) to undertake all activities as may be determined from time to time in pursuance of these objects.

Article 4: Membership

4.1 The ordinary membership of the Association shall be open for any Media Council or Similar Body and shall be subject to the approval of the Executive Council. If the Executive Council rejects the request for membership, the decision of the General Assembly on that matters shall be final.

4.2 The institutions or individuals who are or have been associated with the Media and Media Councils may be invited by the Executive Council to become Associate Members of the Association. Associate Members shall have such rights and obligations and hold such offices as may be determined by the General Assembly, on merits of each case.

4.3 The admission fee for Ordinary Membership shall be US$ 100 and the yearly subscription for Ordinary Membership shall be USS 100. The fees for Associate Members may be determined by the General Assembly,

Article 5: The General Assembly

5.1 The General Assembly shall consist of up to six representatives of each of the ordinary members as may be nominated by them.

5.2 A session of the General Assembly of the Association shall be convened by the Secretary General at least once in four years wilh 40 days' notice.

5.3 A session of the General Assembly may be convened by the Chairman of the Executive Council, by the President or by the Secretary General on a request addressed to him by not less than four members or one fourth of the total number of members by cable, telex, fax, e-mail, facsimile transmission or similar communication.

5.4 Ordinary Members at a session of the General Assembly may vote in person or by post, cable, telex, fax, e-mail, facsimile transmission or similar communication. However each Ordinary Members will have one vote only.

5.5 The General Assembly may by a resolution adopted by n simple majority of those Ordinary Members voting at a session:

(a) define the powers and functions of (lie Executive- Cuum'il ;iud subject to Article 6, of the Oflicc bearers of the Association,

(b) Interpret the Constitution, (c) Amend the Constitution as provided in Article 11, and (d) Take such action as it may deem appropriate to fulfill the objects of the Association.

Article 6: The Office Bearers

Once in every four years the General Assembly shall elect the following Office- bearers of the Association:

6.1 The President of the Association,

6.2 A Vice President or such number of Vice Presidents as the General Assembly may determine,

6.3 The Secretary General,

6.4 The Deputy Secretary General,

6.5 The Treasurer; and

6.6 The Chairman and other Members of the Executive Council. All Office-bearers of the Association will hold office until the next election, or until the General Assembly otherwise determines. In the event of any vacancy in any office, the Executive Council may by nomination fill that office for the remaining term and may also co-opt additional Members on the Executive Council.

Article 7: The Secretary General

7.1 The Secretary General shall:

(a) Convene the meetings of the General Assembly and of the Executive Council,

(b) Execute the decisions of the General Assembly and the Executive Council and shall otherwise look after the administration of the Association in consultation with the Chairman of the Executive Council,

(c) be a focal point for liaison between members, and provide reasonable secretarial, postal and other such services,

(d) provide notices to members under the Articles of this Constitution,

(e) provide facilities, excluding travel and individual accommodation costs, for meetings of the executive Council, and for the holding of sessions of the General Assembly and act as an executive for the sessions of the General Assembly,

(f) maintain the records of the relevant sessions of the General Assembly,

(g) act as Depository for the Association.

7.2 The headquarters of the Association shall be those as may be determined by the Executive Council from time to time.

Article 8: The Treasurer

The Treasurer shall raise, receive and collect all fees and funds of and on behalf of the Association, keep them in a bank by opening a bank account of the Association, disburse them at the request of the Executive Council, its Chairman or the Secretary Genera! and maintain accounts and submit them to the Executive Council and the General Assembly from time to time.

Article 9: Executive Council

9.1 The Executive Council shall consist of a Chairman and other members of the Executive Council and also of the other office-bearers of the Association. The Chairman and other members of the Executive Council shall be elected by the General Assembly for four years so thai every ordinary member is represented on the Executive Council

9.2 Between sessions of the General Assembly, the Executive Council may exercise any of the powers of the General Assembly set out in Articles 5.

9.3 A meeting of the Executive Council may be called by the Secretary General on 14 days' notice on his own initiative, or at the request of any four members of the Executive Council.

9.4 Notice of all motions to be presented to the Executive Council will be circulated, and may be voted upon by absent members by proxy, post, cable, e-mail, fax, telex, facsimile transmission or similar methods of communication.

9.5 In case of urgency, the Executive Council by a majority of two thirds of those voting whether personally, by proxy, post, cable, telex, e-mail, fax, facsimile transmissions or similar methods of communication may retrospectively shorten the period of notice required for the calling of the meeting.

Article 10: Powers and Functions of the Chairman of the Executive Council and President and other Office bearers

10.1 The President shall preside over meetings of the General Assembly and shall exercise such other powers and discharge such other duties as may be assigned to him by the General Assembly or the Executive Council from time to time.

10.2 The Chairman of the Executive Council shall preside over the meetings of the Executive Council and will monitor and supervise the administration of the Association in collaboration with the Secretary General.

10.3 The President of the Association and the Chairman of the Executive Council and the other Office bearers of the Association shall exercise such other powers and perform such other duties as may be assigned to them by the Executive Council from time to time.

Article 11: Amendment

This Constitution may be amended only at a session of the General Assembly by a resolution adopted by two thirds of the representatives present and voting, including those voting by proxy, provided that 45 (lays' notice of the motion to amend the Constitution is given to the Secretary General who shall give at least 40 days' notice of the session, including of the notice of the motion to amend the Constitution.

Article 12: Withdrawal

Any member may


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