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Position Statement on the suspension of “Monologue Programme” on Citizen FM Radio

Position Statement on the suspension of “Monologue Programme” on Citizen FM Radio

8th July 2014 – The Commission recalled that the Chairman of the Commission received a telephone call from Mr. Dan Pakinson of the Ministry of Information and Communication at 8:30a.m on Monday May 19, 2014 stating that the Minister would like to see him together with two Commissioners at 9:00a.m.

The Chairman who was at a Doctor’s Surgery at that time (this could be checked) responded by confirming his location and stated that he would honour the invitation but suggested that the meeting be deferred to about 10:30a.m or 11:00a.m.

He asked him to convey this message to the Permanent Secretary of the Ministry of Information.

The Chairman then called up some Commissioners (Commissioner Muctarr Turay, Head of Technical Committee, Commissioner Sahr Mbayo, Head of Complaints Committee and Commissioner Mohamed Samoura, Head of Applications Committee) but only Commissioner Samoura was reached.

The Chairman went to the IMC office at 10:15a.m and with Commissioner Samoura proceeded to the Ministry where they met the Minister, Alhaji Alpha Kanu who was about to leave for State House. At the informal meeting, he enquired whether the Commissioners had listened to the programme. The Commissioners replied in the affirmative and then the Minister said the programme should be suspended.Both the Chairman and Commissioner responded that the matter would be investigated before a decision will be taken and the presenter would be summoned that day to the Commission.

Returning to the Commission, the recording was again assessed by the Chairman, Commissioners Mbayo and Samoura and it was decided to call in Dr. Tam Baryoh on the issue. A letter was sent by the Executive Secretary, Mr. J.P.K Lamin inviting the Monologue presenter but unfortunately he was unreachable even through mobile calls.

On Tuesday, May 30th, he was reached and he informed the Commission he would be at the Commission after 2p.m because he was in Lungi over that weeekend.

Presenter Baryoh turned up at about 3:30p.m and at a meeting with the Chairman, (Rod Mac-Johnson) and (Commissioners Mohamed Samoura and Sahr Mbayo) the matter was presented to him which inter alia was that “the body guards of Defence Minister, Pallo Conteh were involved in a road accident which resulted in the death of two soldiers”

In the said programme, the presenter, Dr. David Tam-Baryoh also described other vehicles that were in the Minister’s convoy as old and worn-out while the Minister spotted a new jeep.” “They led those guys to their death.

The Commission said it took exception to the utterances made on the programme with particular reference to the statement “nobody would convince me that the Defence Minister was not responsible for the death of the two soldiers.”

Dr. Tam-Baryoh accepted that he was wrong to have made such statement regarding the death of the two soldiers to the Defence Minister.

He apologised to the Commission and assured the members that he will not air any further comment in subsequent programmes. He said he appreciated the Commission for pointing out the ethical lapses to him.

Cognisance of the provision of the IMC Act which states that for the suspension of any media institution, that institution should be warned three consecutive times before any suspension is effected.

Sub-section Section 21 (2) states:

“No suspension or cancellation shall be made under sub section (1) unless the Commission has given written notice to the media institution concerned specifying the conditions of the licence which have not been complied with given directives for the rectification of the breach and the action proposed to be taken by the Commission in the event of non-compliance with the notice.”

Section 21 (3) subject to subsection (2) “the Commission shall not suspend or cancel a licence unless that media instituion has been given an opportunity to comply with the directions of the Commission and to rectify the breach.”

Mindful of the provisions of the IMC Act and Code of Practice, the Commission could not have suspended the “Monologue” Programme because a fully constituted Board should have approved that type of decision on the recommendations of the Monitoring Unit and the Complaints Committee.

The Commission also took into consideration that cabinet is the highest decision-making body and was constrained to question its decision as stated in the cabinet conclusion of 21st May, 2014 and the Commission was advised to adhere by its legal retainer.

As of now there are only the Chairman and two Commissioners out of eleven Commissioners who are in post and could not form a quorum to take such decision as the Act stipulates.

In the most recent past, there had been two issues raised on Programmes on the Military on the “Monologue Programme”

The first was on the payment of salaries to Sierra Leone military contigent in Somalia which was concluded by the Complaints Committee and a Press Release issued to the effect on 16th April, 2014.

The second was the one involving an accident which resulted in the death of two soldiers in the convoy of the Defence Minister for which the presenter, Dr. Tam-Baryoh was cautioned.

The two incidents are in no way related.

IMC

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