Constitution of the World Association of Press Councils (111/APC)
WHEREAS in all democratic States freedom of expression is recognized as an inviolable human right,
AND WHEREAS the States of the World have on several occasions solemnly declared their support for freedom of expression and right to information,
AND WHEREAS under universally accepted values, freedom of communication (which includes freedom of expression, freedom of the media, and right to information) has emerged as a right of humanity,
AND WHEREAS freedom of the media is recognized not simply as freedom for journalists, editors or proprietors, but rather as a right of all citizens to be informed on all matters of public interest,
AND WHEREAS it is implicit and inherent in the institution of a free media that the media exercise its powers and duties in a responsible manner,
AND WHEREAS it is recognized that the free media must be accountable to the public but not to any source of power including the government,
AND WHEREAS the creation of such organs as independent Media Councils and the institution at the office of Media Ombudsman are recognized as methods whereby the freedom, the responsibility, and the accountability of the media may be maintained and enhanced,
AND WHEREAS independent Media Councils provide, inter alia, a democratic, efficient, and inexpensive forum for the hearing of complaints against and by the Media and for maintaining and assisting in the enhancement of its freedom, responsibility, and accountability,
AND WHEREAS a number of independent Media Councils, Ombudsmen, and similar bodies have been created in various countries and regions throughout the world,
AND WHEREAS at the first International Conference of Press Councils and Similar Bodies held at Kuala Lumpur in November 1985 a Declaration (hereinafter called the "Kuala Lumpur Declaration") was adopted which codified the principles under which Press Councils operate and which is set out in the Annexure to this Constitution,
AND WHEREAS at the second International Conference of Press Councils and Similar Bodies held in Kuala Lumpur from 18 to 20 November 1989) (the "Second International Conference") it was decided that it would be expedient that there be an Association facilitating liaison and the advancement of matters of common interest between the Councils,
AND WHEREAS at the same Second International Conference, it was decided to establish a pro tempore Committee to examine and to develop a Constitution to be submitted to Press Councils and similar bodies for discussion with a view to the approval and ratification of the Constitution of a World Association of Press Council,
AND WHEREAS the pro tem Committee framed a Constitution for such discussion and with a view to its approval,
AND WHEREAS IT WAS AGREED at the third International Conference of Press Councils and Similar Bodies held in New Delhi in October 1992 that an Association be formed to facilitate such liaison and cooperation and the advancement of matters of common interest and that the
Constitution was formally adopted.
AND WHEREAS the new developments in the World and related to the Media also have created new, situations and needs,
AND WHEREAS it is felt that to meet the new challenges and the needs, it is necessary to establish an Association with the name of World Association of Press Councils (WAPC); head office located in Istanbul
Article 1: Name
This Association will hereafter be known as the World Association of Press Councils (in short, WAPC). The WAPC is hereinafter referred to as Association.
Article 2: Definitions
a) The expression "Media Councils, Press Councils, and Similar Bodies" will mean and include all mechanisms, institutions and bodies, by whatever name they may be called and howsoever they may be formed, which provide for internal self regulatory mechanisms for the mass media, whether exclusively for the print oi the electronic media, or for both.
b) "General Assembly", means the General Assembly referred to in Article 5.
c) President, Vice-President, Secretary General, Treasurer, and other Members of this Executive Council mean those office bearers of the Association as are referred to in Article 6.1 to 6.5 respectively.
d) Executive Council means the Executive Council referred to in Article 9.
Article 3: Objectives
The objectives of the Association are:
a) to maintain and promote the institution Of a free and responsible media,
b) to encourage, maintain, and promote the institution of independent Media Councils, Press Councils and Similar Bodies in pursuance of the Kuala Lumpur Declaration, as appropriate bodies to assist in ensuring the freedom the responsibility, and the accountability of the Media,
c) to support the principles of the Kuala Lumpur Declaration,
d) to disseminate information on the concept of the Press/Media Council as an inexpensive democratic and efficient facility for hearing and evaluation of complaints by and against the Media as much as possible.
e) to make an organization through which Media Councils Press Councils and Similar Bodies may discuss compare and exchange available information and facilitate liaison,
f) to seek and raise finance, as appropriate, to sustain and promote these objects,
g) to encourage Media to promote understanding between the peoples of different countries, and
h) to undertake all activities as may be determined from time to time in pursuance of these Objects of the Association.
Article 4: Membership
4.1 Any Media Councils Press Councils and Similar Bodies that adhere to the Objectives of the Association as set forth in Article 3. can be a Member to the Association. Membership shall be subject to the approval of the Executive Council If the Executive Council rejects the request for membership, the decision of the General Assembly on that matter shall be final.
4.2 The individuals or institutions that are or have been associated with the Media, Media Councils, Press Councils, and Similar Bodies may be invited by the Executive Council to become Associate Members of the Association. Associate Members shall have no voting rights.
4.3 The admission fee for Ordinary Membership and the yearly subscription shall be US$ 100.
The fees for Associate Members may be determined by the General Assembly.
Article 5: The General Assembly
5.1 The General Assembly shall consist of up to six representatives of each of the ordinary members as may be nominated by them.
5.2 A session of the General Assembly of the Association shall be convened at least three years with 40 days notice.
5.3 A session of the General Assembly may be convened by Executive Council or a request addressed to the Executive Council by not less than one fifth of the total membership by cable, telex, email, facsimile transmission, or similar communication.
5.4 Ordinary Members at a session of the General Assembly may vote in person. However each Ordinary Members will have one vote only.
5.5 The General Assembly may by a resolution adopted by a simple majority of those Ordinary Members voting at a session:
a) Define the powers and functions of the Executive Council and of the Office bearers of the Association, subject to article 6
b) Interprets the Constitution,
c) Amend the Constitution as provided in Article 11, and
d) Take such action as it may deem appropriate to fulfill the objects of the Association.
Article 6: The Office Bearers
6.1 Once in every three years, the Ordinary Members shall elect the allowing Office bearers of the Association:
a) the President of the Association,
b) a Vice President or such number of Vice Presidents as the General Assembly may determine,
c) the Secretary General, and
d) the Treasurer.
6.2 Office Bearers of the Association will hold office until the next election and for a three years term. In the event of a vacancy in any office, the Executive Council may fill that office for the remaining term.
Article 7: The Secretary General
7.1 The Secretary General shall:
a) Be a voting member of the Executive Council and serve as staff to the Association,
b) Convene the meetings of the General Assembly and of the Executive Council as provided in Article 5.
c) Execute the decisions of the General Assembly and the Executive Council and shall otherwise look after the administration of the Association in consultation with the President,
d) be a focal point for liaison between members and provide reasonable secretarial, postal, and other such services, provide notices to members under the Articles of this Constitution,
f) subject to available finances, bear primary responsibility for organizing meetings of the Executive Council and the General Assembly and ad as an executive for the sessions of the General Assembly, and
g) maintain the records of the relevant sessions of the General Assembly.
7.2 The headquarters and depository of the Association shall be those as May be determined by the Executive Council
Article 8: The Treasurer
The treasurer shall raise, receive, and collect all fees and funds of and on behalf of the Association, keep them in a bank by opening a bank account of the Association, disburse them at the request of the Executive Council, its President, or the Secretary General and maintain accounts and submit them to the Executive Council and the General Assembly from Mlle to time.
Article 9: Executive Council
9.1 General Assembly elects, for every member Council, one designee on the Executive Council. The President, Vice President(s), Treasurer and General Secretary elected by the General Assembly, also are members of the Executive Council The Executive Council cannot be less than five members.
9:2 Between session of the General Assembly, the Executive Council any of the powers, of the General Assembly.
9.3 A meeting of the Executive Council may be called by the President or Secretary General on 14 days notice on his own initiative, or at the request of any four members of the Executive Council. In case a face-to-face meeting is not feasible, a "virtual meeting" with voting by electronic means according to e-signature regulations may be authorized.
9.4 Notice of all motions to be presented to the Executive Council will be circulated and may be voted upon according to e-signature regulations by absent members by proxy, post, cable, e-mail and fax, telex or similar methods of communication.
9.5 In case of urgency, the Executive Council by a majority of two-Thirds of those voting whether personally, by proxy, post cable, telex, according to e-signature regulations, e-mail, fax, facsimile transmissions, or similar methods of communication may retrospectively shorten the period of notice required for the calling of the meeting.
Article 10: Powers and Functions of the President and other Office-bearers
10.1 The President shall monitor and supervise the administration of the Association in collaboration with the Secretary General.
10.2 The President and the other Office Bearers of the Association shall exercise such other powers and perform such other duties as may be assigned to them by the General Assembly and the Executive Council.
10.3 In the absence or the inability of the President to act, the Senior Vice President shall assume the functions of the President
Article 11: Amendment
This Constitution may be amended only by a resolution adopted by two thirds of the representatives present and voting by the General Assembly, provided that 45 days notice of the motion to amend the Constitution is given to the Secretary General who shall give at least 40 days notice of the session.
Article 12: Withdrawal
Any Member may withdraw from the Association by giving written notice thereof to the Secretary General.