Section 30: Complaints Committee

30. Complaints Committee (1) The Authority shall set up a Complaints Committee. (2) The Complaints Committee shall consist of— (a) a Chairperson, who shall be a law practitioner of not less than 10 years’ standing; and (b) 6 persons, who shall not be members of the Authority. (3) The Chairperson and members of the Complaints Committee shall be appointed by the Authority on such terms and conditions as it may determine. (4) Subject to subsections (5) and (6), the Complaints Committee shall consider and adjudicate on any complaint of— (a) failure, or likelihood of failure, to comply with the code of ethics specified in section 29 (4), or the code of advertising practice specified in section 29 (5); (b) unjust or unfair treatment or likelihood of unjust or unfair treatment in a broadcast programme; [Issue 7] I6 – 14 Revised Laws of Mauritius (c) unwarranted infringement or likelihood of unwarranted infringement of privacy in, or in connection with, the obtaining of material included in a broadcast programme. (5) No complaint shall be considered unless it— (a) is made in writing by a person who identifies himself; (b) emanates, in the case of a complaint under subsection (4) (b) or (c), from the person affected or his duly authorised agent; (c) is received by the Complaints Committee within 6 months from the date the relevant programme was broadcast; and (d) is made, where the person affected has passed away, within 6 months from the date of the death of that person. (6) A complaint shall not be considered where it— (a) is, or is likely to be, the subject of an action before a Court of law; or (b) appears to be frivolous or vexatious. (7) When considering a complaint under subsection (4), the Complaints Committee shall afford a hearing to every interested person. continued on page I6 – 15 I6 – 14 (1) [Issue 7] Revised Laws of Mauritius (8) A hearing may, at the discretion of the Complaints Committee, be held in private. (9) The Complaints Committee may, for the purposes of a hearing under subsection (7)— (a) summon any person to attend a hearing, give evidence or produce any document, recording or other matter; and (b) administer an oath. (10) The Complaints Committee shall, after considering a complaint under subsection (4), forward a copy of its decision to the Authority. (11) The Complaints Committee may recommend to the Authority to issue a direction under section 5 (1). (12) A direction under section 5 (1) may require the Corporation or a licensee to publish, in such manner as the Authority thinks fit, a summary of the complaint and of the Standards Committee’s decision. PART VI – MISCELLANEOUS