While the Independent Media Commission Act, 2000, establishes a framework for a free and pluralistic media in Sierra Leone, it also provides robust mechanisms for public accountability. The Act empowers citizens to hold media institutions responsible for their conduct.
If you believe a newspaper, radio station, or television channel has acted unethically, you have recourse. This guide explains the public complaints process as defined by the law.
The Foundation: The Media Code of Practice
A cornerstone of the IMC’s regulatory power is the Media Code of Practice. Section 8 of the Act mandates the Commission to:
“compile and adopt a comprehensive media Code of Practice, in consultation with SLAJ [Sierra Leone Association of Journalists], and any other media practitioners’ association, and to monitor the implementation of that Code throughout Sierra Leone;”
This Code serves as the official “rulebook” for media ethics and professionalism. A violation of this code is the primary basis for a public complaint.
How to Make a Complaint Against a Media Institution
Section 36 of the Act clearly outlines the complaints process.
- Who Can Complain?
Any person, including any member of the public, can make a complaint against a media institution.
- What Can You Complain About?
Complaints can be referred to the Commission if it is alleged that the media institution or media professional has:
- Contravened the media Code of Practice (e.g., published false information, used hate speech, invaded privacy).
- Contravened the terms and conditions of its radio/television licence or its newspaper/magazine registration.
The Investigation: The Complaints Committee
The Act (Section 9) specifically creates a Complaints Committee within the Independent Media Commission.
The responsibility of this committee is to:
- Inquire into complaints against media institutions for contravening the Code of Practice.
- Work towards the settlement of disputes between the public and media institutions.
This committee investigates the complaint and then makes recommendations to the main Commission for action.
Penalties and Consequences for Media Institutions
The IMC Act gives the Commission real power to enforce its decisions. The penalties are tiered based on the severity and frequency of the offence.
1. Fines and Censures
For a proven complaint where no specific penalty is listed elsewhere in the Act, Section 36 allows the Commission to:
- Censure the media institution (a formal, public reprimand).
- Impose a fine not exceeding Le500,000.00.
2. Suspension or Cancellation of Licence/Registration
The Commission holds the power to suspend or completely cancel a media institution’s right to operate for repeat offences.
- For Newspapers/Magazines: Section 34 states the Commission may suspend or cancel registration for a “second or subsequent contravention of the media Code of Practice.”
- For Radio/Television: Similarly, Section 21(4) allows the Commission to suspend or cancel a broadcasting licence for a “second or subsequent contravention of the media Code of Practice.”
3. Major Offences (Operating Illegally)
For the most serious offence of operating a media institution without a valid licence or registration, Section 40 imposes severe criminal penalties:
- A fine of not less than Le1 million; or
- A term of imprisonment not exceeding two years.
In summary, the Independent Media Commission Act, 2000, creates a clear legal path for the public to challenge media institutions, ensuring that freedom of the press is balanced with professional responsibility and public accountability.
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