(b) the prohibition of sale, supply or use of any customer premises equipment, radio communication equipment, broadcasting equipment or electronic communications [22nd July 2022] Communications 119 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL network which does not comply with the requirements of any such standard or specifications; (c) certain types of customer premises equipment or radio communication equipment or broadcasting equipment to be attached to an electronic communications network to be used to provide electronic communications services or broadcasting services to the general public, which require approval for such attachment; (d) the type approval criteria for certification of customer premises equipment or radio communication equipment or broadcasting equipment for use in connection with an electronic communications service or broadcasting service; (e) adoption of global applicable standards or recommendations of foreign certifying agencies which are internationally recognised and registered for the purposes of certifying compliance with codes or standards under this section; (f) maintenance of a register of certified or approved types of customer premises equipment, broadcasting equipment and radio communication equipment, criteria for certification and the technical standards; and (g) determination of fees for the administrative and operational expenses incurred in processing the requests for type approval of customer premises equipment, broadcasting equipment and radio communication equipment. PART XVI - BROADCASTING SERVICES Functions of Authority in relation to broadcasting services 128. The Authority shall, in relation to broadcasting services — (a) promote and facilitate the development, in keeping with the public interest, of a diverse range of broadcasting services; [22nd July 2022] Communications 120 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (b) facilitate and encourage the development of programmes; (c) promote the observance at all times, of public interest obligations in all broadcasting services; (d) promote diversity and plurality of views for a competitive market place of ideas; (e) ensure the provision by broadcasters of appropriate internal mechanisms for handling complaints in relation to broadcasting services; (f) prohibit a broadcasting service or broadcasting service operator from broadcasting any unlawful content or any matter which prejudices the public interest or order, national harmony or offends against good taste or decency; and (g) carry out such other functions as are necessary or expedient for the discharge of all or any of the functions conferred on the Authority under this Act. Requirement for a broadcasting service licence 129.(1) A person shall not, except under a broadcasting service licence under this Act — (a) broadcast or otherwise provide or offer a broadcasting service; or (b) distribute, deliver or enable the delivery of any foreign broadcasting service transmitted from outside Seychelles, which is capable of reception in Seychelles, to another person in Seychelles for whom it is intended. (2) Any person who provides or promotes or supplies or supports or offers or delivers or enables the delivery of any broadcasting service in Seychelles or who receives payment as consideration for access to such [22nd July 2022] Communications 121 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL broadcasting service is deemed to be providing or offering the broadcasting service. (3) Where a radio frequency spectrum licence is necessary for or in relation to providing a broadcasting service, the person shall not provide the broadcasting service without obtaining a radio frequency spectrum licence. (4) Regulations may be made providing for any matter with respect to broadcasting services, which may include — (a) the classification and categories of licences; (b) the application processing fee and licence fees to be paid for different categories of licences; (c) duration of the licence for each category of licence; (d) the eligibility criteria for the grant of a licence in each category of licence; (e) the obligations of the broadcasting service operators; (f) the process and procedures for the application, grant, rejection, re-submission, renewal, transfer, surrender, amendment, variance, modification, withdrawal, suspension and revocation of licences; (g) terms and conditions of the broadcasting service licence for each category under paragraph (a); (h) the mandate of content and its carriage, in keeping with public interest obligations, of broadcasting services; (i) the extent to which broadcasting service operators are required to fulfill obligations on commercially negotiable terms; and (j) publication of tariff and standard contract terms relating to broadcasting services. [22nd July 2022] Communications 122 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Prohibition on granting of broadcasting service licence 130. A person shall be eligible for a licence to provide or offer a broadcasting service, if the person is a body corporate, incorporated or established by or under a written law of Seychelles, and shall not be granted if the person — (a) already holds a licence or controls or is controlled by, directly or indirectly, a body corporate which holds a licence; (b) is a religious organisation or a body corporate which is affiliated to a religious organisation; (c) is a political party or a body corporate which is affiliated to a political party; or (d) has been adjudged bankrupt or declared insolvent or has been convicted of sedition or any offence involving fraud or dishonesty. Compliance by broadcasting service operators 131.(1) Every broadcasting service operator shall comply with the provisions of the Seychelles Media Commission Act (Cap 318) and the regulations made and orders issued under the Act. (2) The Authority shall monitor compliance with the terms and conditions of broadcasting service licences, and with other material provisions of this Act relevant to broadcasting services. (3) Where it comes to the knowledge of the Authority that a broadcasting service operator has failed to comply with the provisions of this Act, regulations made under this Act or terms and conditions of the licence, the Authority shall notify the broadcasting service operator in writing. (4) If, after hearing any representations made by the broadcasting service operator notified under subsection (3), the Authority finds that the operator failed to comply with the provisions of this Act, regulations made [22nd July 2022] Communications 123 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL under this Act or terms and conditions of the licence, the Authority shall make the findings publicly available and, after taking into account the nature, gravity and consequences of the non-compliance, the Authority may make one or more of the following orders — (a) UHTXLUing the broadcasting service operator to broadcast — (i) a correction; or (ii) an alternative version; or (iii) a balancing opinion; (b) directing the broadcasting service operator to desist from such non-compliance; or (c) directing the broadcasting service operator to take appropriate remedial steps. (5) A broadcasting service operator who contravenes or fails to comply with an order made under this section shall be liable to a monetary penalty imposed in accordance with section 143. Code of conduct for broadcasting service operators 132. Every broadcasting service operator shall comply with the Code of Conduct prescribed by the Seychelles Media Commission. Programme code for broadcasting service operators 133. Every broadcasting service operator shall establish its own programme code for dealing with practices relating to the standards of broadcast programmes and shall submit such a code to the Seychelles Media Commission for approval. Requirement for complaints handling procedure 134.(1) Every broadcasting service operator shall establish its own complaint handling procedure for dealing with complaints from consumers of its services which ensures that — [22nd July 2022] Communications 124 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (a) every such complaint is attended to within a reasonable period by the broadcasting service operator; and (b) the complainant is made aware of his or her right to complain to the Authority or to the Seychelles Media Commission, as the case may be, if the complaint is not remedied by the broadcasting service operator. (2) The complaint handling procedure under subsection (1) shall be submitted to the Authority for approval. (3) On receipt of a complaint handling procedure under subsection (2), the Authority shall, after consultation of the Seychelles Media Commission, approve, or reject, or amend the complaint handling procedure submitted by the broadcasting service operator. (4) On the approval of the complaint handling procedure under subsection (3), the broadcasting service operator shall make its complaint handling procedure publicly available. (5) Where a person is aggrieved by the complaint handling procedure or not satisfied with the remedy offered or action taken by the broadcasting service operator, under the complaint handling procedure, the person may submit the complaint to the Authority or to the Seychelles Media Commission, as the case may be. Complaints concerning broadcasting services 135.(1) Any person who has reason to believe that a broadcasting service operator has failed to comply with this Act or the regulations made thereunder or the terms and conditions of a licence, may lodge a complaint with the Authority or the Seychelles Media Commission within 30 days of the occurrence of the alleged non-compliance. (2) A complaint referred to in subsection (1) shall be in writing and, on receipt of the complaint, the Authority or the Seychelles Media Commission, as the case may be, shall notify the broadcasting service operator in writing. [22nd July 2022] Communications 125 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (3) Where the complaint is made to the Authority, the Authority shall cause the complaint to be investigated and the provisions of section 131(3), (4) and (5) shall apply. (4) Where the complaint is made to the Seychelles Media Commission, it shall investigate the complaints in accordance with the procedure for inquiry prescribed by or under the Seychelles Media Commission Act (Cap 318). Political advertising on broadcasting services 136.(1) The broadcasting service operator is not bound to broadcast a political advertisement, but if the broadcasting service operator elects to do so, it shall afford to all registered political parties, an equal opportunity. (2) The broadcasting service operator may broadcast a political advertisement, during an election period specified by the Electoral Commission, if the advertisement is submitted to such broadcasting service operator on behalf of a political party by its authorised representative. (3) In making advertising time available to political parties, no broadcasting service operator shall discriminate against any political party or make or give any preference to any political party or subject any political party to any prejudice. (4) A political advertisement shall not contain any material which reasonably be anticipated to expose the broadcasting service operator to legal liability if such material is subjected to broadcast. (5) A political advertisements on broadcasting services shall conform to the provisions of the Elections Act (Cap 262) and any regulations made by the Electoral Commission. PART XVII - RESOLUTION OF DISPUTES Powers to resolve disputes 137.(1) The Authority, on its own motion or at the request of a party, shall resolve a dispute between persons who are subject to this Act. [22nd July 2022] Communications 126 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (2) Without prejudice to other provisions of this Act, the provisions of this Part shall have effect relating to resolution of disputes. Alternative dispute resolution methods 138.(1) Subject to subsections (2) and (3), nothing in this Act shall prevent any party from using alternative dispute resolution methods for negotiation and resolution of disputes, at the cost of the parties, including compromise in accordance with the Civil Code of Seychelles Act (Cap 33). (2) Any party submitting a dispute to an alternative dispute resolution person or panel shall notify to the Authority by filing a copy of the agreement at the time the agreement is entered into by the parties. (3) No agreement referred to in subsection (2) may exclude the application of this Act, regulations made under this Act or the terms and conditions of the licence under this Act. Resolution of disputes by parties 139. An attempt shall first be made by the parties to resolve any dispute between them through negotiations before applying for resolution of a dispute under this Part. Notification of disputes to Authority 140.(1) A party to a dispute may, in writing, notify the Authority of the dispute for resolution in such manner as may be prescribed by regulations. (2) The Authority shall, on receipt of the notification of a dispute under subsection (1), as soon as practicable, decide whether or not to investigate the dispute. (3) The Authority shall cause the dispute to be investigated if satisfied that — (a) the dispute is within the jurisdiction of the Authority; (b) an agreement may not be reached within a reasonable period; [22nd July 2022] Communications 127 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (c) the notification of the dispute is not trivial, frivolous or vexatious; and (d) the dispute is not a subject of current court litigation between the parties. Disputes between operators 141.(1) In case of a dispute between operators, where the parties are unable to resolve the dispute among themselves, the Authority shall, subject to subsection (2), at the request of any party to the dispute — (a) initiate an investigation of the dispute, as soon as possible; and (b) make a determination to resolve the dispute, if the Authority considers it necessary taking into consideration the circumstances of the dispute. (2) The Authority may decide not to initiate an investigation referred to in subsection (1) where the Authority is satisfied that the parties have not made reasonable efforts in good faith to resolve the dispute between them through negotiations. (3) Where the Authority decides not to initiate an investigation under subsection (2), the Authority shall inform the parties of the decision and direct the parties to continue negotiations. (4) If the dispute is not resolved within a reasonable period from the date of decision under subsection (3), the Authority shall, at the request of any party to the dispute, initiate an investigation and give a decision in accordance with this Part. (5) An operator to which a decision under this section applies shall forthwith comply with the decision. (6) An operator who fails to comply with a decision under this Part shall be liable to a monetary penalty imposed in accordance with section 143. [22nd July 2022] Communications 128 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (7) The period of non-compliance shall be deemed to have commenced from the date of notification of the decision or from such other date as may be specified in the decision. (8) The Authority shall give reasons on which decision under this section is based, and shall, subject to requirements of commercial confidentiality, notify the parties to the dispute of the decision and those reasons. (9) The Authority shall make a notice of the decision and any relevant information publicly available. Disputes between operators and consumers 142.(1) Where a dispute arises between an operator and a consumer, any party to the dispute may refer the dispute to the Authority subject to the condition that the consumer shall, prima facie, show that the consumer has been affected by the act or omission of the operator giving rise to the complaint. (2) On receipt of any dispute under subsection (1), or upon otherwise becoming aware of any such dispute which the Authority considers it necessary to be investigated, the Authority shall notify all the parties to the dispute that the matter is being investigated. (3) A dispute under this section shall as soon as practicable be investigated in a prompt and fair manner following such procedure as may be prescribed by regulations. (4) The Authority may decide not to initiate an investigation referred to in subsection (1) where the Authority is satisfied that parties have not made reasonable efforts in good faith to resolve the dispute between them through negotiations. (5) The Authority may, in resolving any disputes under this section, require the operator to comply with any measure the Authority may specify for the resolution of the dispute, including order for reimbursement of payments received or cost incurred or compensation thereof. [22nd July 2022] Communications 129 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (6) An order under this section shall state the grounds on which it is based, and subject to requirements of commercial confidentiality, the Authority shall notify the parties to the dispute of the decision in writing. (7) The Authority shall make publicly available the notice of the Authority's decision and any relevant information. (8) An operator to which a decision under this section applies shall forthwith comply with the decision. (9) An operator who fails to comply with a decision under this Part shall be liable to a monetary penalty imposed in accordance with section 143. PART XVIII - IMPOSITION OF MONETARY PENALTY Imposition of monetary penalty by Tribunal 143.(1) The Tribunal shall, on a complaint made to it by the Authority or an officer authorised by the Authority, adjudicate the complaint and impose the monetary penalty on the licensee or operator under this Act. (2) No penalty shall be imposed by the Tribunal under this Act, except after an inquiry made in such manner as may be prescribed by regulations, and the licensee or operator has been given a reasonable opportunity of being heard. (3) While holding an inquiry, the Tribunal shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the Tribunal, may be useful for or relevant to the subject matter of the inquiry. (4) If, on the conclusion of such inquiry, the Tribunal is satisfied that the licensee or operator has failed to comply with the provisions of this Act or the regulations made under this Act or the terms and conditions of the licence, the Tribunal may impose a monetary penalty of such sums not exceeding SCR4,000,000 for each contravention, as it may consider fit and the licensee or operator shall also be liable to an additional monetary penalty [22nd July 2022] Communications 130 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL equivalent to 2 percent of the penalty imposed by the Tribunal for each day during which the contravention continues or the monetary penalty remains unpaid. (5) The Tribunal shall forward a copy of the order imposing monetary penalty under subsection (4) to the licensee or operator within 21 days of such order and the licensee or operator shall pay the monetary penalty within 60 days from the date of receipt of the order. (6) While deciding whether to impose a penalty under subsection (4) and in determining the quantum of penalty, the Tribunal shall have due regard to the following factors, namely — (a) nature, gravity and duration of violation taking into account the nature, scope and purpose of processing concerned; (b) intentional or negligent character of the violation; (c) repetitive nature of the default; (d) action taken by the licensee or operator to mitigate the harm suffered by any person; and (e) any other aggravating or mitigating factors relevant to the circumstances of the case, such as, the amount of disproportionate gain or unfair advantage, wherever quantifiable, made as a result of the default. (7) Any person aggrieved by an order made by the Tribunal under this section may appeal to the Supreme Court. (8) All sums realised by way of monetary penalty under this section shall be credited to the Consolidated Fund. PART XIX - SANCTIONS AND ENFORCEMENT Sanctions 144.(1) The Authority may apply sanctions under this section in case of an infringement, which includes — [22nd July 2022] Communications 131 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (a) the non-compliance with a provision of this Act, regulations made under this Act or terms and conditions of a licence under this Act; or (b) the unlawful use of radio frequency spectrum or numbering resources. (2) Where it comes to the attention of the Authority of any infringement specified to under subsection (1), the Authority shall give notice to the licensee stating the nature of the infringement, directing the licensee to investigate and take corrective measures within the period specified in the notice to remedy the infringement. (3) If the licensee fails to remedy the infringement within the period specified in the notice, the licensee shall be liable to — (a) a monetary penalty in accordance with section 143; or (b) the revocation or suspension of the licence. (4) The Authority shall record in writing the reasons for the decision and make the decision with reasons available in the public domain. (5) A licensee aggrieved by a decision of revocation or suspension of the licence under this section may make an appeal against the decision to the Tribunal under section 14. Enforcement measures 145.(1) Where the Authority is satisfied, on its own motion or on a complaint made by a person, that a licensee has contravened or is contravening any provisions of this Act, regulations made under this Act or any terms and conditions of the licence, the Authority shall — (a) notify the licensee in writing, specifying the acts or omissions which, in its opinion, constitute the contravention of the provisions of this Act, regulations made under this Act or any terms and conditions of the licence; and [22nd July 2022] Communications 132 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (b) take enforcement measures against the licensee who contravenes provisions of this Act, regulations made under this Act or any terms and conditions of the licence. (2) The Authority may carry out an investigation or inspection for the purposes of this Act. (3) The Authority may carry out an inspection of any document, associated facilities, equipment or premises used by any person. (4) Where the Authority is of the opinion that a licensee has contravened or is contravening any provisions of this Act, regulations made under this Act or any terms and conditions of the licence, for which no specific penalty has been provided, the Authority may issue an enforcement order instructing the licensee to perform any action or refrain from any action stated in that order within the period specified in that order. (5) In the event that the licensee has failed to comply with the enforcement order under subsection (4) within the period specified in that order, the licensee shall be liable to — (a) a monetary penalty in accordance with section 143; or (b) the revocation or suspension of the licence. (6) A licensee aggrieved by an order of revocation or suspension of the licence under this section may make an appeal against the order to the Tribunal under section 14. Powers of entry and inspection 146.(1) For the purposes of section 145, an officer authorized in writing by the Authority may, at any reasonable time — (a) enter any building or place or go on board any ship or aircraft; (b) inspect any broadcasting apparatus or electronic [22nd July 2022] Communications 133 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL communications apparatus installed or used in any building, place, ship or aircraft; (c) call for and inspect any licence granted under this Act. (2) Any person for the time being in charge of any building, place, ship or aircraft in respect of which any powers are exercised under subsection (1) shall afford all reasonable facilities for entry and inspection under that subsection. (3) The officer authorized under subsection (1) shall, if so requested, produce his or her authority to exercise the powers under this section. PART XX - OFFENCES AND PENALTIES Offences and penalties 147.(1) A person who contravenes section 16 commits an offence and shall, on conviction, be liable to a fine not exceeding SCR1,000,000 or to imprisonment for a term not exceeding 5 years or to both such fine and imprisonment and also be liable to an additional fine of SCR15,000 for every day or part of a day during which the contravention continues. (2) A person who — (a) wilfully obstructs, prevents or hinders the Authority or an officer authorised by the Authority to carry out an investigation or inspection in the exercise of its functions under this Act; (b) uses any equipment or systems which hinder network interoperability; (c) uses any equipment or systems which compromise public safety; (d) illegally facilitates the acquisition or obtains a service provided by other person authorised under this Act to [22nd July 2022] Communications 134 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL provide electronic communications services with intent to avoid payment of any charge applicable to the provision of that service; (e) illegally transmits or allows to be transmitted any communication provided by a licensed operator or broadcasting service licensee; (f) illegally receives a broadcasting service from a place within Seychelles not intended for general reception, with intent to avoid payment of any rate or fee applicable to the provision of that service; (g) possesses, obtains or creates a system designed to use or obtain any electronic communications network facilities or service or broadcasting service fraudulently; (h) initiates a communication using any electronic communications network or electronic communications service, whether continuously, repeatedly or otherwise, during which communication may or may not ensue, with or without disclosing the identity and with intent to annoy, abuse, threaten or harass any person at any number or electronic address; (i) intentionally and without right, uses, makes, creates or solicits and initiates the transmission, using any electronic communications network or electronic communications service, of any comment, request, suggestion or other communication which is obscene, indecent, false, menacing or offensive in character with intent to annoy, abuse, threaten or harass another person; (j) communicates any obscene material for any purpose to any other party utilising any electronic communications network or electronic communications service, under the person's control; [22nd July 2022] Communications 135 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (k) without lawful authority under this Act or any other written law — (i) intercepts, attempts to intercept, or request any other person to intercept or attempt to intercept, any communication; or (ii) discloses or attempts to disclose, to any other person the contents of any communication, knowing or having reason to believe that the information was obtained through the interception of any communication; or (iii) uses or attempts to use, the contents of any communication, knowing or having reason to believe that the information was obtained through the interception of any communication. (1) intentionally tampers with, adjusts, alters, removes, destroys or damages any electronic communications equipment, electronic communications network or electronic communications network facility; (m) wilfully and unlawfully interferes with a broadcasting service, electronic communications service, electronic communications network service or radio communication service; (n) sells, supplies or uses any customer premises equipment, radio communication equipment and electronic communications network which does not comply with the required standards specified by the Authority; (o) knowingly engages in business and marketing conduct that is misleading or deceptive, or is likely to mislead or deceive; (p) knowingly engages in conduct directly or indirectly amounting to a contravention of a provision of this Act; [22nd July 2022] Communications 136 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (q) wilfully publishes or discloses content of any document, communication or information; commits an offence and shall be liable, on conviction, to a fine not exceeding SCR700,000 or to an imprisonment not exceeding 2 years or both such fine and imprisonment and shall also be liable to an additional fine of SCR10,000 for every day during which the offence continues. (3) A licensee or operator who refuses or fails to pay the monetary penalty imposed under section 143, within the period specified therein, commits an offence and shall be liable on conviction to a fine not exceeding SCR4, 000,000 or to an imprisonment not exceeding 2 years or with both such fine and imprisonment and shall be liable to an additional fine of SCR10,000 for every day during which the offence continued. (4) A person who contravenes or fails to comply with any provision of this Act, regulations made under this Act or any terms and conditions of the licence, for which no specific penalty has been provided under this Act, commits an offence and is liable, on conviction, for each of such offence, to a fine not exceeding SCR700,000 or to a imprisonment not exceeding 2 years or both such fine and imprisonment and shall also be liable to an additional fine of SCR10,000 for each day during which the offence continues. (5) Where any person is convicted of an offence under this Act, the court, if it is satisfied that the contravention includes the unlawful operation or possession of any equipment, may order the confiscation of the equipment. (6) The conviction of an offence under subsection (3) shall not dissolve the liability of the licensee or operator from the payment of the monetary penalty imposed by the Tribunal under section 143(4). PART XXI - BOARD OF AUTHORITY Board of Authority 148.(1) The affairs of the Authority shall be administered by a Board consisting of 7 members, other than ex officio member, to be appointed by the President. [22nd July 2022] Communications 137 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (2) The President may appoint a person as a member of the Board, if the person — (a) is a citizen of, and permanent resident in, Seychelles; and (b) has the qualifications and professional experience in broadcasting and electronic communications services, economics, finance and business, law, public administration, competition and consumer affairs, or Information Technology. (3) A person shall not be appointed or to remain as a member of the Board, if the person — (a) has been adjudged or declared insolvent or bankrupt and has not been discharged; or (b) is mentally or physically incapable to carry out the functions under this Act; or (c) has been convicted, within a period of last 3 years, of an offence punishable with imprisonment without an option to fine; or (d) is an officer of a District Administrative Council; or (e) is an office-bearer or employee of a political party; or (f) is a shareholder or director or employee of a licensed operator; or (g) is providing a service or supplying goods to a licensed operator under a contract; or (h) has any financial or other interest likely to prejudicially affect the functions and duties as a member of the Board. (4) In appointing members of the Board, the President shall have regard to gender equality and balance representation in terms of qualifications and experience referred to in subsection (2). [22nd July 2022] Communications 138 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (5) The President shall, from amongst members of the Board, appoint one chairperson and one vice-chairperson. (6) The vice-chairperson shall, in the absence of the chairperson, assume all responsibility of the chairperson. (7) The names of members of the Board appointed under this section shall be published in the Gazette. Resignation, vacation and removal, from office of a member of Board 149.(1) A member of the Board may resign from office by letter addressed to the President and the resignation shall take effect from the date on which the President accepts the resignation. (2) The office of a member of the Board shall become vacant — (a) if the member resigns; or (b) if the member is removed under subsection (3). (3) A member of the Board shall be removed, if the member — (a) fails knowingly to declare a conflict of interest relating to any matter under consideration by the Authority under section 154; (b) has been absent from three consecutive meetings of the Board without a reasonable cause; (c) becomes disqualified by reason of section 148(3); or (d) is guilty of improper conduct as a member of the Board or guilty of conduct that is prejudicial to the interest or reputation of the Authority. (4) A member of the Board shall not be removed from office on grounds under subsection (3)(a), (b) or (d), except after an inquiry made by an independent panel. [22nd July 2022] Communications 139 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (5) A member of the Board who has been removed under this section shall not be eligible for re-appointment. Filling of casual vacancies of a member of Board 150. A casual vacancy in the office of a member of the Board shall be filled by the appointment of a new member in accordance with section 2, and the member so appointed shall hold office for the unexpired period of his or her predecessor's term of office, but the vacancy shall not be filled if the unexpired period is less than six months. Meetings of Board 151.(1) The Board shall meet not less than six times in every financial year and not more than two months shall elapse between the date of one meeting and the date of the next meeting. (2) The chairperson of the Board — (a) may convene a special meeting of the Board at any time; (b) shall, on the written request of the Minister or not less than 2 members of the Board, convene a special meeting, not later than 30 days from the receipt of the request, for the transaction of any urgent business of the Board and where the chairperson notifies the members in writing that the urgency of the matter to be discussed requires a shorter period of notice. (3) The quorum for any meeting of the Board shall be twothirds of all members, other than ex officio member, of the Board. (4) The chairperson of the Board, or in the absence of the chairperson, the vicechairperson, shall preside at every meeting of the Board, or in the absence of the chairperson and vicechairperson, a member elected from amongst the members present, shall preside a meeting of the Board. (5) Any question arising at a meeting of the Board shall be decided by a majority of votes of the members, other than ex officio member, present [22nd July 2022] Communications 140 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL and voting, and in the case of an equality of votes, the person presiding at the meeting shall have a casting vote. (6) The chairperson of the Board may, with the approval of the Board, invite any person to attend a meeting of the Board, where the chairperson considers that the person has special knowledge or experience in any matter to be considered by the Board in that meeting. (7) Subject to this section, the Board shall regulate its own procedure and the procedure for any committee of the Board and for the attendance of any other persons or observers at its meetings. Terms and conditions of office of members of Board 152.(1) Subject to this Act, a member of the Board, other than ex officio member, shall hold office for a term not exceeding 5 years and shall be eligible for re-appointment for not more than two terms, whether consecutive or otherwise. (2) A member of the Board, other than ex officio member, shall be paid such remuneration or allowances as the President may, after consultation with the Minister responsible for finance, determine. Delegation of powers 153.(1) The Authority may delegate any of its functions under this Act to any member of the Board, the chief executive officer, or any committee of the Board or to any member of staff of the Authority. (2) Without prejudice to subsection (1), the Authority may, at any time, exercise the powers or perform the functions delegated to a person under that subsection. Disclosure of interest 154.(1) If a member of the Board is directly or indirectly interested in any contract, proposed contract or other matter before the Board, the member shall, at the meeting and as soon as practicable after the commencement thereof, disclose the fact and the member shall not take part [22nd July 2022] Communications 141 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL in the consideration or discussion of, or vote on, any questions with respect to the contract or other matter, or be counted in the quorum of the meeting during the consideration of the matter: (2) Without prejudice to subsection (1), if the majority of the members present are of the opinion that the experience or expertise of such member is vital to the deliberations of the meeting, the Board may permit the member to participate in the deliberations subject to such restrictions as it may impose, but such member shall not have the right to vote on the matter in question. (3) A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which it is made. Confidentiality 155.(1) A person shall not publish or disclose to any person or entity, other than in the course of the duties as a member of the Board, the contents of any document, communication or information which has come to the person's knowledge in the performance of any function under this Act. (2) A member shall not disclose any confidential information relating to the affairs of the Board, which is acquired during the performance of any function under this Act. (3) Notwithstanding subsection (2), a member may disclose information relating to the affairs of the Board acquired during the performance of any function under this Act — (a) within the scope of such functions under this Act; or (b) when required to disclose — (i) by an order of a court; or (ii) under any written law, or (iii) in the investigation of an offence under this Act. [22nd July 2022] Communications 142 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL Oath of secrecy 156. A member of the Board, an employee, consultant, an adviser and a contractor of the Authority, shall sign an oath of secrecy upon being appointed as such member, employee, consultant or contractor, as the case may be. Committees of Authority 157.(1) The Board may, for the efficient performance of the function of the Authority, constitute such committees as it thinks fit to advise the Board on such matters within the purview of this Act. (2) The vesting of any function in a committee under subsection (1) shall not divest the Board of that function and the Board may amend or rescind any decision of the Committee in the exercise of that function. Chief executive officer, other officers and employees, etc. 158.(1) The President shall appoint a suitably qualified and experienced person to be the chief executive officer of the Authority, on terms and conditions approved by the President. (2) The chief executive officer — (a) shall be ex officio member of the Board and be responsible for the administration and management of the functions of the Authority under the supervision, control and directions of the Board; (b) may sign documents on behalf of the Authority on the direction of the Board; (c) perform such other functions as the Board may, from time to time, assign. (3) The Authority may appoint such other officers and employees, and consultants and experts in various disciplines, which may be reasonably necessary for the effective performance of the functions of the Authority, on [22nd July 2022] Communications 143 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL such terms and conditions as the Authority may, from time to time, determine. (4) The chief executive officer, other officers and employees and consultants and experts appointed under this section shall be paid such salaries and allowances as the Authority may, from time to time, determine. PART XXII - FINANCE, ACCOUNTS AND REPORTS Fund of Authority 159.(1) The Fund of the Authority shall consist of — (a) moneys allocated by an Appropriation Act and paid to the Authority; (b) moneys received by the Authority by way of grants, donation, gifts from any legal source; and (c) moneys lawfully received by the Authority for the purpose of the Authority. (2) The Fund of the Authority may be applied, for — (a) the discharge of expenses and other obligations of the Authority; (b) the payment of salaries and allowances payable to the members of the Board and officer and other employees of the Authority; and (c) any other expenses as may be authorised by the Board. Account and audit 160.(1) The Authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts in the form and in the manner as approved by the AuditorGeneral. [22nd July 2022] Communications 144 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (2) The accounts of the Authority shall be audited by the Auditor General in accordance with Article 158 of the Constitution. (3) The Authority shall prepare, in each financial year, an annual financial statement for the next financial year showing separately — (a) the expenditure which is proposed to be met from the internal sources of the Authority; and (b) the sum required from the government to meet other expenses distinguishing the money received from other sources. (4) Where the accounts and statement of accounts of the Authority in respect of any financial year have been audited, the Authority shall furnish to the Minister a copy of the statement of accounts together with a copy of any report by the AuditorGeneral on the statement of accounts of the Authority Annual plan of activities of Authority 161.(1) Subject to subsection (2), the Authority shall prepare an annual plan of activities and submit it to the Minister for the Minister's approval at least ninety days before the beginning each financial year. (2) On the commencement of this Act, the first annual plan of activities shall be submitted within the period specified by the Minister. (3) The annual plan of activities under this section shall — (a) include a statement of the short and medium term operational objectives; (b) outline the strategies that the Authority intends to employ in order to achieve its objectives; and (c) include a operational plan, a financial plan, a human resources plan and performance indicators. [22nd July 2022] Communications 145 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (4) The financial plan referred to in subsection (3)(c) shall include estimates of expenditure and revenue for the following financial year. (5) The Authority may amend the annual plan of activities with the approval of the Minister. Annual report of Authority 162. The Authority shall, as soon as possible but not later than six months after the end of each financial year, prepare an annual report giving full account of its activities during the previous year and submit copies together with the statement of account audited under section 160 to the Minister and the Minister shall cause the report to be tabled before the National Assembly. PART XXIII - COMMUNICATIONS TRIBUNAL Establishment of the Tribunal 163.(1) There is established a Tribunal known as the Communications Tribunal for the purposes of this Act. (2) The Tribunal shall, in the performance of its functions under this Act, be independent and shall not be subject to the direction or control of any person or authority. (3) The Tribunal shall consist of — (a) a chairperson who has been a Judge or is or has been a magistrate; (b) a vice-chairperson who is an attorney-at-law; (c) a member of the Fair Trading Commission established by section 3 of the Fair Trading Commission Act (Cap 267); and (d) 4 other members who have the qualification and experience in the field of law, telecommunications, engineering, media, finance or economics. [22nd July 2022] Communications 146 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (4) The President shall appoint the members of the Tribunal on such terms and conditions as may be prescribed by regulations, and cause their names to be published in the Gazette. (5) A member of the Tribunal shall hold office for a period of 5 years and shall be eligible for re-appointment. (6) A member of the Tribunal shall be paid such remuneration or allowances as may be determined by the President. Resignation or removal of a member of Tribunal 164.(1) A member of the Tribunal may resign from office by giving not less than 2 months notice in writing to the President. (2) A member of the Tribunal shall be removed from office if he or she — (a) is mentally or physically incapable of performing the functions as such member; (b) has been convicted of an offence; (c) has been adjudged or declared insolvent of bankrupt and has not been discharge; or (d) has any financial or other interest likely to prejudicially affect the functions as a member of the Tribunal. (3) A member of the Tribunal shall not be removed from office under subsection (2) (d) without giving him or her an opportunity of hearing in the matter. Sittings, quorum and procedure of Tribunal 165.(1) The chairperson, or in his or her absence the vice-chairperson, of the Tribunal shall preside at a sitting of the Tribunal at which he or she is present. [22nd July 2022] Communications 147 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE BILL (2) The chairperson or the vice-chairperson of the Tribunal and 2 other members constitute a quorum at any sitting of the Tribunal. (3) The Tribunal shall sit at such times and in such places as the chairperson of the Tribunal may direct. (4) Subject to this Act, the Tribunal shall regulate it own procedures, except in so for as the procedures are prescribed by regulations. (5) The Tribunal is to conduct its proceedings without procedural formality but shall observe the rules of natural justice. (6) At any sitting of the Tribunal, the chairperson may co-opt any person who, in the opinion of the chairperson possesses such technical knowledge or expertise as the Tribunal may require during its deliberations. Jurisdiction and powers of Tribunal 166.(1) The Tribunal shall have exclusive jurisdiction to hear and determine appeals against any decision, direction or order of the Authority under this Act and adjudicate the monetary penalty under section 143. (2) The Tribunal shall have powers to — (a) summon any person to appear before it; (b) examine a witness or any person appearing before on oath; (c) require any person to produce any document which the Tribunal considers relevant. (3) Each member of the Tribunal shall have equal vote and the decisions shall be reached by a majority vote.
