The Independent Media Commission has on its regular meeting held on the 26th October, 2022, concluded ruling on 8 Complaints that were before the Complaints Committee for hearing.

Below are the complaints, followed by the rulings: 1. Monitoring report against Nightwatch Newspaper in connection with its publication dated Wednesday, 10th August, 2022 titled: “Power Shift…Adebayor More Popular than Pres. Bio”;

2. Monitoring report against A-Z Newspaper’s publication dated Friday, 12th August 2022 titled: “Terrorism…against the state…ECOWAS CALLS FOR SPEEDY INVESTIGATIONS”;

3. Monitoring report against Justice Radio FM 98.5 for a broadcast done on 10th October 2022 against the Independent Media Commission and four Commissioners;

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4. Complaint from the Public against Africa Young Voices (AYV) Television in connection with indecent and pornographic contents shown on the House Mates Season 3 programme on the Television Station;

5. Complaint from Marrah & Associates on behalf of Abdul Rahman Mahdi, Director of Business Development, Rokel Commercial Bank, against Prime Times Newspaper for publication dated Wednesday, 9th March, 2022 captioned: “As alleged…The Evil Trinity at RCB Scheming against the Managing Director”;

6. Complaint from Ing. Milton Ngegbai, Director General, Electricity Generation & Transmission Company (EGTC) against Gleaner Newspaper with regards article published on Thursday, 3rd February, 2022 titled: “Le 186.3 Billion in Tax Payment Missing at EGTC”;

7. Complaint from Rajesh Lilaram Hemnani, Director, Pee Cee & Sons through Sorie & Bangura against Weekly Analyst Newspaper with regards article published on 10th March 2022 captioned: ’International Report Exposes Pee Cee & Sons’;

And 8. Complaint from Roland B.C Jones, Public Relations Officer, Tertiary Education Commission (TEC) against Times-SL Newspaper with regards article published on Tuesday, 28th June, 2022 titled: “CID PROBES PROF. ALYAGEEN M. ALGHALI & OTHERS”.

In the matter against Night watch Newspaper publication on the titled: “Power Shift…Adebayor More Popular than Pres. Bio”, the Complaints Committee found out the following:

a. that the newspaper compared the constitutional powers of the President of the Republic of Sierra Leone to that of a social media commentator that is neither in Sierra Leone nor held any political or public office in Sierra Leone;

b. That considering the particular period in which the article was published, the publication had the potential to create disaffection among the citizenry and put the image of the president into disrepute;

c. That the newspaper also stated that it was not clear where constitutional power lies; a claim which the Committee considers inaccurate as constitutional power legitimately lies with the president.

In accordance with the Committee’s findings, the Board resolved:

• That a fine of NLe1,000 (One Thousand New Leones) be levied on NightWatch Newspaper for breach of Principle 3 of the Media Code of Practice dealing with accuracy.

• That the Nightwatch publishes a retraction of the publication with due prominence in its next publication immediately following the receipt of this ruling.

In the matter against A-Z Newspaper publication titled: “Terrorism…against the state…ECOWAS CALLS FOR SPEEDY INVESTIGATIONS”, the Committee found out that:

a. the Editor informed the Committee that they were not aware that they should exercise discretion and sensitivity as provided in the Media Code of Practice when dealing with such sensitive and ghastly images;

b. the Committee further noted that the newspaper was insensitive to horror and grief in their publication when they published gory and gruesome images;

c. The Newspaper was also unable to confirm or justify whether the incidents of August 10 were acts of terrorism as published.

In accordance with the Committee’s findings, the Board resolved that:

• That a fine of NLe 500.00 (Five Hundred New Leones) be levied on A-Z Newspaper for the breach of Section 11 of the Media Code of Practice dealing with intrusion into grief and shock which states.

In the matter against Justice Radio FM 98.5 broadcast 10th October 2022 against the Independent Media Commission and four Commissioners, the Committee found out the following:

a. that the General Manager of Justice Radio, Kelvin Lamin Lamdo wasted no time to apologise and stated that they did not stand by the broadcast. He also showed remorse for such a broadcast to have been aired on his own media outlet, Justice Radio FM 98.5;

b. that Justince V. Boima also apologised and stated that he deeply regrets making all the comments in the broadcast and was willing to do retractions of the broadcast for as many times as the Commission may request;
c. that all the allegations made in the broadcast were inaccurate, baseless and false and lacked any substance, a fact that was admitted by the respondents.

In accordance with the Committee’s findings, the Board resolved:

• that a fine of NLe 1,000 (One Thousand New Leones) be levied on Justice Radio for breach of Principle 3 of the Media Code of Practice dealing with accuracy for each of the four Commissioners named in the broadcast, totalling NLe 4,000 (Four Thousand News Leones).

• That a fine of NLe 1,000 (One Thousand New Leones) be levied on Justice Radio in line with Principle 3 of the Media Code of Practice dealing with accuracy for maliciously describing the Independent Media Commission as a Kangaroo court.

• That a fine of NLe 1,000 (One Thousand New Leones) be imposed on Justice in line with Principle 3 of the Media Code of Practice dealing with accuracy for describing the IMC as not being a credible entity.

• That a fine of NLe500.00 (Five Hundred New Leones) be levied on Justice Radio for failure to attend the first hearing on this matter held on Tuesday, 18th October, 2022.

• That the grand total fine of NLe 6,000 (Six Thousand New Leones) imposed on Justice Radio in this ruling, be paid within two weeks from the receipt of this ruling

• That the Station does and broadcast a retraction of its baseless allegations against the Commission and its Commissioners on seven editions of their most popular programmes with equal prominence.

• That the radio station continues to suspend all live phone-in programmes until the IMC pays a monitoring visit and verify their capacity to manage such programmes professionally, in line with the recommendations of the IMC Complaints Ruling against Justice Radio on May 4, 2022.

In the matter between the Public and Africa Young Voices (AYV) Television, the Committee found out that:
1. AYV was invited by the Commission based on reports received from the general public and IMC Monitoring report with no video evidence of what they complained about.

2. The AYV representatives argued that the show is restricted, and it is an adult show; and that it is clearly indicated on screen. The Commission disagreed with this, because the Commission noted that the channel is not restricted as it could be accessed on face-book and other social media platforms by the public, including the under aged.
In accordance with the Committee’s findings, the Board resolved:

• That the Africa Young Voices (AYV) TV be warned to refrain from showing anything indecent and/or pornographic on the show especially during the day.

• That Africa Young Voices (AYV) should do a lot of orientation with the House Mates and also orientate and sensitize the general public about the programme.
In the matter between Abdul Rahman Mahdi, Director of Business Development, Rokel Commercial Bank, and Prime Times Newspaper, the Committee found out:

1. that the Editor, Kemoh Saidu Sesay apologized and said he did not stand by the story;

2. that the editor said he was not the one that edited the Newspaper on that day as he was out of Freetown at the time;

3. that the editor submitted an edition of the newspaper showing retraction that they had already done on the story;

4. that the retraction did not carry the same prominence as the story and the Complainant was not pleased with it and did not accept it.
In accordance with the Committee’s findings, the Board resolved that:
• That a fine of NLe 500 (Five Hundred New Leones) be levied on Prime Times Newspaper in accordance with principle 3 of the Media Code of Practice.

• That the Editor retracts the story with equal prominence in its next publication upon receipt of this ruling.

In the matter between Ing. Milton Ngegbai, Director General, Electricity Generation & Transmission Company (EGTC) and Gleaner Newspaper, the Committee found out:

1. that Gleaner Newspaper said they stood by their story and that they relied on the Audit Report 2019;

2. that though Gleaner said that they relied on the Audit Report, they did not report exactly what the Audit Report says. The Audit Report says that the Electricity Generation & Transmission Company did not pay withholding taxes to NRA and did not say that they embezzled it. But Gleaner reported that the money was embezzled;

3. that the story was inaccurate, exaggerated and sensational, and put the complainant Ing. Milton Ngegbai and the Electricity Generation & Transmission Company (EGTC) in a bad light.

In accordance with the Committee’s findings, the Board resolved:

• That a fine of NLe 1,000 (One Thousand New Leones) be levied on Gleaner Newspaper in accordance with principle 3 of the Media Code of Practice.

• That the Editor retracts the story with equal prominence in its next publication upon receipt of this ruling.

In the matter between Rajesh Lilaram Hemnani, Director, Pee Cee & Sons through Sorie & Bangura Associates, against Weekly Analyst Newspaper, the Committee found out:

1. That the Managing Editor Santigie Kamara apologized to the Complainant and said that he did not stand by story;

2. That the Editor did not contact the Complainant for their own side of the story. The Committee further noted that the story was inaccurate.
In accordance with the Committee’s findings, the Board resolved:
• That a fine of Le 500 (Five Hundred Leones) be levied on Weekly Analyst Newspaper for inaccuracy in accordance with principle 3 of the Media Code of Practice.

• That the Editor retracts the story with equal prominence in its next publication upon receipt of this ruling.

In the matter between Roland B.C Jones, Public Relations Officer, Tertiary Education Commission (TEC) and Times-SL Newspaper, the Committee found out:

1. That the publication was misleading;

2. that the Committee also noted that the Editor did not make any reasonable effort to get the side of the complainant;

3. that the publication was inaccurate and therefore breached the accuracy provision of the IMC Media Code of Practice;

4. That the Tertiary Education Commission (TEC) seemed not to be very transparent in its presentation to the Commission regarding its processes, particularly the one that has to do with changing the name of an applicant that had applied twice and rejected and reapplying for the third time.
In accordance with the Committee’s findings, the Board resolved:

• That a fine of NLe1,000 (One Thousand New Leones) be levied on Times-SL in line with Principle 3 of the IMC Media Code of Practice dealing with accuracy.

• That the Newspaper publishes a retraction with equal prominence in its next publication upon receipt of this ruling.