Bill 10 2026 - Bill No. 10 - Seychelles Broadcasting Corporation Bill, 2026

[27th May, 2026] Seychelles Broadcasting Corporation Bill 1 REPUBLIC OF SEYCHELLES BILL SEYCHELLES BROADCASTING CORPORATION BILL, 2026 (Bill No. 10 of 2026) EXPLANATORY STATEMENT OF THE OBJECTS AND REASONS FOR THE BILL This Bill seeks to establish a modern, independent, editorially autonomous, and financially sustainable public broadcasting institution capable of serving the democratic, cultural, social, and educational needs of all the people of Seychelles in the digital age; to make provision for the governance, editorial independence, programming standards, digital transformation, and financial accountability of the Corporation; to repeal the Seychelles Broadcasting Corporation Act, (Cap 310) and to provide for matters connected therewith or incidental thereto. Dated this 11th day of May 2026. DR. MATHEW ANTONIO PATRICK HERMINIE THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES ———————— [27th May, 2026] Seychelles Broadcasting Corporation Bill 2 REPUBLIC OF SEYCHELLES BILL SEYCHELLES BROADCASTING CORPORATION BILL, 2026 (Bill No. 10 of 2026) ARRANGEMENT OF SECTIONS PART I — PRELIMINARY SECTIONS 1. Short title and commencement 2. Interpretation 3. Guiding principles of public service broadcasting PART II — ESTABLISHMENT, STATUS AND FUNCTIONS OF THE CORPORATION 4. Establishment of the Seychelles Broadcasting Corporation 5. Legal status and capacity 6. Mandate and functions 7. Editorial independence guarantee PART III — GOVERNANCE AND MANAGEMENT 8. Establishment, composition and mandate of Board 9. Terms of office and removal of Board members 10. Powers and Functions of the Board 11. Procedure of the Board 12. Chief Executive Officer and Deputy Chief Executive Officer 13. Staff and conditions of service PART IV — EDITORIAL AND PROGRAMMING STANDARDS 14. Editorial Charter 15. Programming principles 16. Complaints and redress mechanism PART V — DIGITAL TRANSFORMATION AND BROADCASTING STANDARDS 17. Technological neutrality and innovation mandate 18. Universal access and digital inclusion 19. Archiving and Content Preservation PART VI — FINANCIAL PROVISIONS 20. Funds of Corporation [27th May, 2026] Seychelles Broadcasting Corporation Bill 3 REPUBLIC OF SEYCHELLES BILL 21. Accounts and audit 22. Annual report PART VII — GENERAL AND TRANSITIONAL PROVISIONS 23. Application of provisions of the Penal Code 24. Protection of action taken in good faith 25. Authentication of orders and instruments 26. Delegation of powers 27. Power to make regulations 28. Repeal and savings 29. Transitional provisions [27th May, 2026] Seychelles Broadcasting Corporation Bill 4 REPUBLIC OF SEYCHELLES BILL SEYCHELLES BROADCASTING CORPORATION BILL, 2026 (Bill No. 10 of 2026) A BILL FOR AN ACT TO PROVIDE FOR THE ESTABLISHMENT OF THE ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY PART I — PRELIMINARY Short title and commencement 1. This Act may be cited as the Seychelles Broadcasting Corporation Act 2026, and shall come into operation on such date as the Minister may, by statutory instrument published in the Gazette, appoint. Interpretation 2. In this Act, unless the context otherwise requires — "Board" means the Seychelles Broadcasting Corporation Board established under section 8(1); "broadcasting" means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electromagnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all its grammatical variations and cognate expressions shall be construed accordingly; "Chairperson" means the Chairperson of the Board; "Chief Executive Officer" means the Chief Executive Officer of the Corporation appointed under section 12; "Corporation" means the Seychelles Broadcasting Corporation established under section 4; [27th May, 2026] Seychelles Broadcasting Corporation Bill 5 REPUBLIC OF SEYCHELLES BILL "Deputy Chief Executive Officer" means the Deputy Chief Executive Officer of the Corporation appointed under section 12; "Editorial Charter" means the charter adopted under section 14; "Member" means a Member of the Board; "Minister" means the Minister responsible for Information; "notification" means a notification published in the Official Gazette; "Public Service Broadcasting" means broadcasting made, financed, and controlled by the public, for the public, which is neither commercial nor state-owned; it is pluralistic, accessible, and serves the democratic, social, and cultural needs of society; "regulations" means regulations made in terms of section 27; "Vice-Chairperson" means the Vice-Chairperson of the Board appointed under section 8(5); Guiding principles of public service broadcasting 3. The Corporation shall, in all its activities, be guided by the following principles of public service broadcasting — (a) independence from political and commercial interference; (b) impartiality and fairness in news and current affairs; (c) high-quality, diverse, and innovative programming; (d) universal accessibility of its services to all citizens of Seychelles; (e) accountability and transparency to the public; (f) reflection of Seychelles' national identity, multilingual character, and cultural diversity; and (g) promotion of democracy, education, and informed public debate. PART II — ESTABLISHMENT, STATUS AND FUNCTIONS OF THE CORPORATION Establishment of the Seychelles Broadcasting Corporation 4. There is hereby established the Seychelles Broadcasting Corporation. [27th May, 2026] Seychelles Broadcasting Corporation Bill 6 REPUBLIC OF SEYCHELLES BILL Legal status and capacity 5. (1) The Corporation shall be a body corporate, having perpetual succession and a common seal with power to acquire, hold and dispose of property, both movable and immovable, and to contract, and shall by the said name sue and be sued. (2) The Corporation shall not be subject to the direction or control of any person, body, political authority, or other external influence in the discharge of its functions under this Act, except as otherwise provided by law. Mandate and functions 6. (1) Subject to the provisions of this Act, it shall be the primary mandate of the Board to organise and conduct public broadcasting services to educate, entertain, inform and connect the public and to ensure a balanced development of broadcasting on radio, television, and digital platforms. (2) In the discharge of its mandate the Corporation shall — (a) provide independent, comprehensive and reliable news and information; (b) offer a range of programming in Creole, English, and French that educates, entertains, informs and connects; (c) support the development of Seychellois creative talent and content production; (d) serve all communities and age groups of Seychelles; (e) facilitate public dialogue and understanding on matters of public interest; (f) broadcast parliamentary proceedings and significant national events in the public interest; (g) provide adequate coverage to culture and national languages of Seychelles; (h) provide adequate coverage to sports and games so as to encourage healthy competition and the spirit of sportsmanship; (i) take special steps to protect the interests of children, the elderly, persons with disabilities and other vulnerable sections of the community; and (j) adapt its services to technological changes and digital platforms. (3) In particular and without prejudice to the generality of the foregoing provisions, the Board may take such steps as it thinks fit to — [27th May, 2026] Seychelles Broadcasting Corporation Bill 7 REPUBLIC OF SEYCHELLES BILL (a) ensure that broadcasting is conducted as a public service to provide and produce programmes; (b) establish a system for the gathering of news for radio, television and digital platforms; (c) negotiate for purchase of, or otherwise acquire, programmes and rights or privileges in respect of sports, films, serials, occasions, meetings, functions and other events or incidents of public interest; (d) establish and maintain libraries of radio, television and other materials; (e) conduct or commission, from time to time, audience research, market or technical service; (f) provide such other services as may be specified by regulations. (4) The Corporation may — (a) establish such committees as may be necessary for the efficient performance, exercise and discharge of its functions, powers and duties; (b) associate with itself in such manner and for such purposes, with any person whose assistance or advice it may need in complying with any of the provisions of this Act. Editorial independence guarantee 7. (1) No person, including any government official, Minister, or commercial entity, shall direct, attempt to direct, or exert undue influence over the content, schedule, or editorial decisions of the Corporation. (2) The Board and management are solely responsible for upholding editorial independence as outlined in the Editorial Charter. (3) Any interference with the editorial independence of the Corporation shall constitute an offence under this Act. (4) Any person who contravenes subsection (3), commits an offence and on conviction shall be liable to a fine not exceeding SCR 300,000 or to imprisonment for a term not exceeding 2 years. PART III — GOVERNANCE AND MANAGEMENT Establishment, composition and mandate of Board 8. (1) The general superintendence, direction and management of the affairs of the Corporation shall vest in a Board known as the Seychelles Broadcasting Corporation Board, which shall exercise all such powers and do all such acts and things as may be exercised or done by the Corporation under this Act. [27th May, 2026] Seychelles Broadcasting Corporation Bill 8 REPUBLIC OF SEYCHELLES BILL (2) The Board shall consist of 11 members of whom — (a) one shall be a representative nominated by the Seychelles Media Commission; (b) one shall be a representative nominated by the media practitioners association; (c) one shall be a representative nominated by the Citizen Engagement Platform Seychelles; (d) one shall be a representative nominated by the staff of the Corporation; (e) the Chief Executive Officer and the Deputy Chief Executive Officer, ex officio; and (f) five members appointed by the President from candidates proposed by a Select Committee. (3) The President shall appoint a Select Committee comprising of 3 members for proposing candidates for appointment under subparagraph (2)(f). (4) For the purposes of subsection (3), the Select Committee shall propose a minimum of 7 candidates to the President for appointment from persons having special knowledge or practical experience in matters of administration, management, media, broadcasting, finance, law, education, journalism, culture or the arts. (5) The Select Committee shall, from the candidates proposed under subsection (4) recommend a Chairperson and a Vice-Chairperson of the Board. (6) In the event the Select Committee fails to submit the 7 candidates under subsection (4), the President may appoint the members according to his or her choice. (7) The Chief Executive Officer, the Deputy Chief Executive Officer and the member appointed under subsection (2)(d), shall be ex officio Members of the Board and shall not have any voting rights. (8) A person shall not be appointed as a Member if that person — (i) is a member of the National Assembly; (ii) is an office bearer or a member of executive committee of any political party; (iii) is the owner, shareholder or manager of a media outlet including a production house or programme distributor who provides service including through cable or internet; or [27th May, 2026] Seychelles Broadcasting Corporation Bill 9 REPUBLIC OF SEYCHELLES BILL (iv) is an employee of the Corporation or was an employee of the Corporation for any length of time within the three year period immediately prior to the proposed appointment. (9) The composition of the Board shall, as far as practicable reflect gender balance. (10) Any act or proceeding of the Board or any committee appointed by it shall not be invalidated merely by reason of any vacancy in, or any defect in the constitution of, the Board or such committee. (11) The headquarters of the Corporation shall be at such place as the Board shall, in consultation with the Minister, determine. (12) The appointments of the Members shall be published in the gazette. Terms of office and removal of Board members 9. (1) The Members shall, subject to subsection (2), hold office for a term of five years. (2) Where before the expiry of the term of office of a Member, a vacancy arises for any reason whatsoever, the person appointed to fill such vacancy shall hold office for the unexpired period of the term for which his or her predecessor in office would have held office if such vacancy had not arisen. (3) The Members shall be paid such allowances as determined in accordance with government remuneration policies or as may be prescribed. (4) A Member shall only be removed from office by order of the President on the ground of misbehaviour after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in accordance with such procedure as the Supreme Court may, by rules provide, a report that the member, as the case may be, ought, on such ground, be removed. (5) Notwithstanding anything contained in subsection (4), the President may, by order remove any Member from office, if the Member — (a) ceases to be a citizen of Seychelles; (b) is adjudged an insolvent; (c) is convicted of any offence and sentenced to a term of imprisonment of three months or more; (d) is unable to continue in office by reason of infirmity of body or mind; (e) is absent from 3 consecutive meetings of the Board without cause; (f) is proved to be in violation of the Editorial Charter or this Act. (6) A member, shall, subject to the provisions of this Act be eligible for reappointment at the end of a term of office. [27th May, 2026] Seychelles Broadcasting Corporation Bill 10 REPUBLIC OF SEYCHELLES BILL (7) No member who has been removed from office under subsection (4) or subsection (5) shall be eligible for reappointment. Powers and Functions of the Board 10. (1) The Board is responsible for the overall strategy, financial health, and upholding the mandate of the Corporation. (2) The Board shall, in the discharge of its functions, be guided by the mandate and functions set out in section 6. (3) The Board shall not be subject to civil liability on the ground merely that it failed to comply with any of the provisions of this section. (4) The Board shall have power to determine and prescribe fees in respect of its services and functions. Procedure of the Board 11. (1) The Board shall meet at such times and places and shall observe such rules of procedure in regard to the transaction of business at its meetings including the quorum at meetings as may be provided by regulations: Provided that, there shall be no fewer than six meetings in every year and that no period exceeding three months shall elapse between meetings. (2) In line with subparagraph 9(5)(e), a member shall be deemed to have vacated his or her office if he or she absents himself or herself for three consecutive meetings of the Board without the leave of the Chairperson. (3) The Chairperson shall preside at the meetings of the Board and if for any reason he or she is unable to attend any meeting, the Vice-Chairperson or in his or her absence, any other Member elected by the Members present at such meeting, shall preside at the meeting. (4) All questions which come up before any meeting of the Board shall be decided by a majority of the votes of the Members present and voting and, in the event of an equality of votes, the Chairperson, or in his or her absence, the person presiding, shall have and exercise a second or casting vote. Chief Executive Officer and Deputy Chief Executive Officer 12. (1) There shall be a Chief Executive Officer and a Deputy Chief Executive Officer of the Corporation who shall be appointed by the President from among candidates who have applied to the Board for the respective posts. (2) The Chief Executive Officer shall, subject to the control and supervision of the Board, be responsible for the implementation of the decisions of the Corporation for the effective management and carrying out of the affairs of the Corporation and may sign documents on behalf of the Corporation. [27th May, 2026] Seychelles Broadcasting Corporation Bill 11 REPUBLIC OF SEYCHELLES BILL (3) The term of office of the Chief Executive Officer or the Deputy Chief Executive Officer shall be three years and both shall be eligible for reappointment. (4) The Chief Executive Officer may delegate any of his or her functions to the Deputy Chief Executive Officer or to any employee of the Corporation. (5) The Deputy Chief Executive Officer shall assist the Chief Executive Officer in performing duties as may be assigned by the Chief Executive Officer and shall perform all the duties of the Chief Executive Officer in his or her absence. Staff and conditions of service 13. The Corporation may employ such persons as are necessary for the Corporation to perform its functions on such terms and conditions as it deems fit taking into account the procedures applicable to employees of public bodies. PART IV — EDITORIAL AND PROGRAMMING STANDARDS Editorial Charter 14. (1) The Board shall, within six months of its first appointment under this Act, adopt and publish in the gazette by notice a legally binding Editorial Charter that codifies the principles of impartiality, accuracy, fairness, balance, and protection from misinformation and disinformation. (2) The Editorial Charter shall include provisions for — (a) handling of misinformation and disinformation in broadcasts and digital content; (b) fact-checking standards and journalists’ professional conduct; (c) separation of news and editorial comment; (d) protection of sources and journalistic privilege; (e) procedures for issuing corrections and right of reply. (3) The Editorial Charter shall be reviewed every five years. (4) Compliance with the Editorial Charter shall be a condition of service for all editorial staff of the Corporation. Programming principles 15. (1) The Corporation's programmes shall — (a) not offend against decency and public morality; (b) not create ill-will between different public groups; [27th May, 2026] Seychelles Broadcasting Corporation Bill 12 REPUBLIC OF SEYCHELLES BILL (c) provide adequate coverage to culture and national languages of Seychelles; (d) provide comprehensive coverage to educational programmes designed to meet the learning needs of individuals and groups; and (e) give special consideration to programmes for children, the elderly and persons with disabilities. (2) The Corporation shall provide adequate coverage of parliamentary proceedings and significant national events in the public interest at no cost to the State. Complaints and redress mechanism 16. (1) The Corporation shall establish a Viewers and Listeners Complaints Mechanism as an Internal Complains Unit to receive and review public input and complaints about content and adherence to the Editorial Charter. (2) Subject to subsection (1), the Corporation shall send quarterly reports to the Seychelles Media Commission of the complaints received and measures taken to address such complaints. PART V — DIGITAL TRANSFORMATION AND BROADCASTING STANDARDS Technological neutrality and innovation mandate 17. (1) The Corporation shall have the duty to make its content available across all appropriate and relevant platforms, including terrestrial, satellite, online, mobile, and emerging technologies, to ensure universal access for all citizens of Seychelles. (2) The Corporation shall develop a Digital Strategy, reviewed every three years, to guide its transition to and operation across digital platforms. (3) The Corporation shall develop a policy on the use of Artificial Intelligence in content creation, curation, and broadcast operations, which shall be subject to the principles of the Editorial Charter and be reviewed periodically. (4) The Board may establish such technical committees as are necessary to oversee digital transformation initiatives. Universal access and digital inclusion 18. (1) The Corporation shall take active steps to ensure that its services are accessible to persons with disabilities, including through subtitling, audio description, and sign language interpretation where practicable. (2) The Corporation shall promote digital literacy and media literacy among the population of Seychelles, particularly in less privileged communities. [27th May, 2026] Seychelles Broadcasting Corporation Bill 13 REPUBLIC OF SEYCHELLES BILL Archiving and content preservation 19. (1) The Corporation shall establish and maintain a National Broadcasting Archive of its entire output for historical, educational, cultural, and re-use purposes. (2) The Corporation shall develop a policy for the digitisation of existing analogue archives and shall make archived content accessible to researchers, educators, and the public on reasonable terms. PART VI — FINANCIAL PROVISIONS Funds of Corporation 20. (1) The funds of the Corporation shall consist of — (a) moneys appropriated, from time to time, by the National Assembly; (b) revenue generated from its regulated commercial activities; and (c) moneys derived from any other sources approved by the Board that do not contravene this Act. (2) Funds of the Corporation may be applied by the Corporation — (a) in the payment or discharge of debts, expenses, and other obligations of the Corporation; and (b) in the payment of emoluments, fees and allowances payable to the Members and staff of the Corporation. Accounts and audit 21. (1) The Corporation shall maintain proper accounts and other relevant records and prepare a statement of accounts in line with modern accounting methods and in such forms as may be approved by the Auditor General. (2) The accounts of the Corporation shall be audited by the Auditor-General in accordance with Article 158 of the Constitution. Annual Report 22. The Board shall, once in every calendar year, prepare, in such form and within such time as the Minister may direct, an annual report containing a full account of its activities during the preceding year, together with a copy of the audited accounts of the Corporation, and shall forward the same to the Minister. (2) The Minister shall cause the audited accounts and the annual report to be laid before the National Assembly. [27th May, 2026] Seychelles Broadcasting Corporation Bill 14 REPUBLIC OF SEYCHELLES BILL PART VII — GENERAL AND TRANSITIONAL PROVISIONS Application of provisions of the Penal Code 23. The Members, every officer or other employee of the Corporation and every member of a Committee shall be deemed to be a public servant within the meaning of section 91 to 96 of the Seychelles Penal Code. Protection of action taken in good faith 24. No suit or other legal proceeding shall lie against the Corporation, the Members or officers or other employees for anything which is done in good faith or intended to be done in pursuance of this act or of any rules or regulations made thereunder. Authentication of orders and instruments 25. (1) All orders and decisions of the Board shall be authenticated by the signature of the Chairperson, Vice-Chairperson or any other Member authorised by the Board on its behalf. (2) All instruments executed by the Corporation shall be authenticated by the signature of the Chief Executive Officer authorised by the Board on its behalf. Delegation of powers 26. The Board may, by general or special order, delegate to the Chairperson, Vice- Chairperson or any other Member or to any officer of the Corporation, subject to such conditions and limitations, if any, as may be specified therein, such of its powers and duties under this Act as it may deem fit. Power to make regulations 27. The Minister may, in consultation with the Board, make regulations for carrying out the provisions of this Act. Repeal and savings 28. (1) The Seychelles Broadcasting Corporation Act 2011, (Cap 310) is hereby repealed. (2) Notwithstanding subsection (1), any statutory instruments made under the Seychelles Broadcasting Corporation Act 2011, (Cap 310) (hereinafter referred to as the “repealed Act”) and in force immediately before the commencement of this Act shall, to the extent that they are not inconsistent with this Act, continue in force as statutory instruments made under this Act until amended or repealed by a statutory instrument made under this Act. (3) The regulations made, licence granted, direction issued and notification made under the repealed Act shall continue in effect until they are repealed or amended under the provisions of this Act. [27th May, 2026] Seychelles Broadcasting Corporation Bill 15 REPUBLIC OF SEYCHELLES BILL Transitional provisions 29. Upon the commencement of this Act — (a) all movable and immovable property owned and used and administered by the Seychelles Broadcasting Corporation as constituted under the Seychelles Broadcasting Corporation Act, 2011, (Cap 310) immediately before the commencement of this Act shall be transferred to and vest in the Corporation on such terms and conditions as may be determined by the Government; (b) all debts, obligations and liabilities incurred, all contracts entered into and all matters and things engaged to be done by, with or for the Corporation immediately before the commencement of this Act shall be incurred by the Corporation, and the Corporation shall have all powers necessary to take possession of, recover and deal with such assets, and discharge such liabilities; (c) all officers and other employees of the Seychelles Broadcasting Corporation constituted under the repealed Act, shall be deemed to be officers and employees of the Corporation on condition not less favourable than those subsisting immediately prior to the said date of repeal; (d) all acts done, decisions taken, authorisation or permission granted by the officers or employees of the Seychelles Broadcasting Corporation constituted under the repealed Act which were validly done, taken, or granted shall continue to have effect in accordance with their terms or until amended, annulled or withdrawn in accordance with this Act. _______________________