AUDIOVISUE AND COMMUNICATION

REGULATION

PART 1: GENERAL PROVISIONS

Article 1:

This Internal Regulation sets out the terms and conditions for the application of the provisions of Organic Law No. 11/001 of 10 January 2011 establishing the composition, powers and operation of the Superior Council of Audiovisual and Communication.

Article 2:

The Conseil Supérieur de l'Audiovisuel et de la Communication, hereinafter referred to as "Council" or C.S.A.C. in acronym, is an Institution of Support to Democracy, responsible for the regulation of the media, created by the Constitution of the Democratic Republic of the Congo, in its article 212.

Article 3:

The seat of the Superior Council of Audiovisual and Communication is established in Kinshasa, the capital of the Democratic Republic of the Congo.

In the event of exceptional circumstances preventing the Council from meeting at its usual seat, the Plenary Assembly may decide on the place to temporarily house its work.

The seat of the Council and the offices of the Provincial Coordinations are inviolable, except as provided by law and in the forms prescribed by law, in accordance with section 3 of the Organic Law.

Article 4:

The Council logo consists of four letters: "C"; "S"; "To"; "C." They are condensed into a single "SCC" acronym in yellow colour, surrounded by red-colored wavy lines.

The acronym "SCC" as well as the wavy lines are based on a blue rectangular background, bearing at the bottom the mention: "Superior Audiovisual and Communication Council".

Article 5:

Under these Rules of Procedure, it shall be understood by Organic Law: Act No. 11/001 of 10 January

2011 bringing the composition, powers and operation of the Conseil Supérieur de l'Audiovisuel et de la Communication.

Article 6:

The member of the Conseil Supérieur de l'Audiovisuel et de la Communication is called "High Advisor".

The President of the Conseil Supérieur de l'Audiovisuel et de la Communication is a minister. The other members are appointed Vice-Minister, in equivalence with the other Democracy Support Institution, both created in Title V of the Constitution of the Republic, and in accordance with section 26, paragraphs 2 and 3, of Act No.

10/013 of 28 July 201O.

TITRE II: AND MISSIONS

CHAPTER 1st: OF THE COMPOSITION

Article 7:

The Conseil Supérieur de l'Audiovisuel et de la Communication is composed of 15 members designated and invested in accordance with articles 24, 25, 26 and 27 of the Organic Law.

Article 8:

The functions of a member of the Conseil Supérieur de l'Audiovisuel et de la Communication shall be exercised for a term of four years renewable once, in accordance with section 29, paragraph 1, of the Organic Law.

Without prejudice to the preceding paragraph and pursuant to section 29, paragraph 2 of the Organic Law, they may terminate by:

- expiry of the term of office;

- death;

- resignation;

- permanent impediment;

- permanent incapacity;

- unjustified or unauthorized absence at more than four meetings;

- acceptance of an incompatible function;

- irrevocable punishment for a primary servitude for an intentional offence.

Article 9:

In the event of a vacancy, the replacement for the remainder of the term is made in accordance with the provisions of sections 24, 25, 26 and 27 of the Organic Law.

CHAPTER II: MISSIONS AND ATTRIBUTIONS

Article 10:

The missions of the Conseil Supérieur de l'Audiovisuel et de la Communication are set by Article 212 of the Constitution:

- To guarantee and ensure the freedom and protection of the press, as well as all means of mass communication in accordance with the law;

- to ensure respect for the ethics of information and fair access of political parties, associations and citizens to the official means of information and communication.

Article 11:

The powers of the Conseil Supérieur de l'Audiovisuel et de la Communication are set out in the Organic Law, in particular in section 2 and primarily in section 9:

1. Develop its rules of procedure;

2. To guarantee the right of the population to pluralistic, reliable and objective information;

3. ensure the neutrality and fairness of public and commercial, social and community media;

4. conduct, in the event of conflict, mediation actions between the various actors and stakeholders in the field of the media;

5. Ensure compliance, ethics, laws and regulations of the Republic, productions of radios, televisions, cinema, print media and online media;

6. Ensure compliance with the law setting out the procedures for the exercise of press freedom in the Democratic Republic of the Congo;

7. Promote the technical development and access of Congolese media to new information and communication technologies;

8. Ensure the quality and excellence of public and private media productions;

9. provide technical advice "a priori" or "a posteriori" on all matters concerning audiovisual media, written and electronic media;

10. give a consistent notice before any assignment of frequencies and before any issuance of the receipt of the audio-visual, written and electronic press to the impetrants of the sector;

11. ensure that the specifications are respected by audiovisual operators;

12. Ensure the dissemination of the culture of peace, democracy, human rights and fundamental freedoms as well as information that promotes socio-economic development;

13. work for the production of human-valued programs, programmes, educational documentaries and newspaper articles, including the dignity of women and youth and vulnerable groups;

14. Bring organizations to observe the Code of Ethics and Ethics by media professionals;

15. encourage the establishment of media in rural areas: sound broadcasting, written press television, new information and communication technologies and the Internet;

16. encourage the media to provide ongoing training, recycling and professionalism for their members;

17. Ensure the development of national culture through the media;

18. make decisions and/or directives applicable to any media intervener, including during the election period;

19. Ensure compliance with advertising standards and opinion polls;

20. take all necessary measures to protect children from the negative and perverse effects of the Internet;

21. file its periodic and annual report to the National Assembly and the Senate.

CHAPTER III: AND FUNCTIONING

Article 12:

In accordance with section 33 of the Organic Law, the organs of the Superior Council of Audiovisual and Communication are:

(a) The Plenary Assembly;

(b) The Bureau;

(c) Permanent Commissions;

(d) Provincial Coordination.

Article 13:

The organization and operation of the organs of the Conseil Supérieur de l'Audiovisuel et de la Communication shall be determined by these Rules of Procedure, in accordance with section 33 of the Organic Law.

SECTION 1: THE PLENARY MEETING

Article 14:

The Plenary Assembly is the supreme and decision-making body of the Conseil Supérieur de l'Audiovisuel et de la Communication, in accordance with section 34 of the Organic Law.

Article 15:

The Plenary Assembly approves the draft budget of the Council. It controls the financial and administrative management of the Institute in accordance with section 38 of the Organic Law.

The Plenary Assembly receives and reviews the Council's general financial performance report on a quarterly basis.

Article 16:

The Plenary Assembly meets twice the month, at the convocation of the President.

The ordinary session of the Plenary Assembly is held on the third and fourth Thursday of the month. Its duration cannot exceed two working days.

The Plenary Assembly shall hold an extraordinary meeting whenever necessary upon the convocation of the President, at the initiative of the Bureau or at the request of at least one third of its members.

The special session was closed as soon as its agenda was exhausted.

Article 17:

The sessions of the Plenary Assembly are public. However, the President may decree the closed hearing,

its initiative or that of a member of the Plenary Assembly.

The camera is open or closed. It is open when administrative and internal experts participate in the meeting. It is closed when only the High Councillors participate.

Article 18:

The sessions of the Plenary Assembly are chaired by the President of the Superior Council for Audiovisual and Communication.

In the event of absence or incapacitation of the President, the Vice-President shall ensure the interim.

The Rapporteur of the Superior Council of Audiovisual and Communication assures the Permanent Secretariat of the Plenary Assembly.

Article 19:

The Plenary Assembly is competent to rule on all matters relating to the missions of the Superior Council of Audiovisual and Communication, in accordance with Article 212 of the Constitution and the provisions of the Organic Law.

Article 20:

The decisions of the Plenary Assembly shall be taken by consensus or, if not by vote by an absolute majority of the members present.

They are enforceable and opposable to all.

The responsibility of the Plenary Assembly is collegial. His decisions were signed by the President, who had been countersigned by the Rapporteur, and resumed the names of the members who had served.

Article 21:

The Council requires the assistance of the Public Prosecution Service in the event of non-performance of decisions adopted by the Plenary Assembly and regularly notified to a natural or legal person.

Article 22:

Members of the Conseil Supérieur de l'Audiovisuel et de la Communication, as well as any person who has participated in his or her work, shall be held in professional secrecy and in the confidentiality of the facts, acts and information that they may have known during their duties, under penalty of penalties provided for in article 73 of the Criminal Code, Book Il.

Article 23:

The organization of work, timetables and agenda of the sessions are proposed, after consultation with the Chairs of the Standing Committees, by the Bureau of the Council and approved by the Plenary Assembly.

Article 24:

Documents to be submitted to the deliberations of the Plenary Assembly members are distributed at least 48 hours prior to the plenary meetings, except for emergencies.

OF PLENARY MEETINGS

Article25:

The President of the Council shall declare the opening, suspension, resumption and closing of the meetings.

Article 26:

No one may intervene without having requested and obtained the floor of the President.

The speaker can only address the President or the Plenary Assembly.

Article 27:

During the plenary sessions, the city is recommended and the use of the mobile phone is prohibited.

Article 28:

For each session, a report is held.

The minutes of the last session are approved by the Plenary Assembly.

Minutes of public meetings and closed meetings shall be affixed to the signature of the President and the Rapporteur of the Council.

They are kept in the archives of the Institute.

Article 29:

During the sessions of the Plenary Assembly, breaches may result in disciplinary sanctions, including:

- harmful imputations;

- personal attacks;

- malicious insinuations;

- disorders of order;

— the preservation of the word after the President has withdrawn it;

- the facts on a member of the Council;

— insulting or insulting words to a member;

- behaviours contrary to good morals.

Article 30:

If a speaker departs from the matter under consideration, the Speaker reminds him of it.

If a speaker, after having been, twice during the same intervention, recalled to the question under consideration, continues to deviate from it, the floor is withdrawn by the President on this specific question for the remainder of the session.

Article 31:

Any member of the Council may, before or during a debate, request the floor by motion of order, motion of procedure, motion of information, motion of court or motion of incident.

The point of order is a reminder of compliance with the rules of procedure or the usual standards of the sitting police.

The procedural motion concerns how the meeting is conducted.

The information motion concerns additional essential information for the direction of debates or any information that may be of particular interest to the Council.

The pre-judicial motion is the one that is raised in the course of consideration of a matter and the solution of which lies with an outside body of the Council.

The incidental motion is the one that comes at the beginning or during the debates and on which the Council must take a decision before commencing or continuing the debate on a main issue.

Article 32:

The motion has priority on the main issue. She's suspending the discussion.

The floor shall be withdrawn from the motion, if the motion is manifestly foreign to the nature of the motion.

The motion shall be put to the vote either immediately or after its discussion, by hand.

Article 33:

The speaker who obtained the floor by motion may only be interrupted before the end of his statement by a point of order.

Article 34:

Under the authority of the sitting police, the President limits or allocates time for each speaker. Similarly, it may limit the number of interventions on a specific point in the debate.

Article 35:

No intervention, even by motion, will be received when the Speaker of the sitting, with the consent of the Plenary Assembly, makes the synthesis to close the debate or when the voting procedure is already initiated.

Article 36:

The member guilty of breaches during a plenary session may be directly sanctioned by the President, as the case may be, by:

- the reminder to order;

- the deprivation of the right to the floor for the rest of the meeting;

- temporary exclusion of the meeting in case of persistence.

The breaches referred to in section 29 of these Rules of Procedure may lead to the opening of a disciplinary action, which leads to the appearance before an ad hoc Commission, whose composition and functioning are determined by the Council.

Article 37:

The provisions contained in this chapter shall, mutatis mutandis, apply to the meetings of the Permanent Commissions and ad hoc Commissions.

SECTION II: OFFICERS

Article 38:

The Bureau is the Board's enforcement and management body.

Pursuant to section 40 of the Organic Law, it is composed of 5 members, including:

- 1 President;

- 1 Vice-President;

- 1 Rapporteur;

- 1 Deputy Rapporteur;

- 1 Questeur.

Article 39:

The Bureau of the Council shall be established for the duration of the term.

The members of the Bureau are elected by the Plenary Assembly. The vote shall be by consensus or, if not by secret ballot.

Any member of the Plenary Assembly shall be eligible for vacancies.

The consensus election takes into account the expertise of candidates, national representation and that of women.

Other modalities for the election of officers are adopted by the Plenary Assembly.

Article 40:

The Commission shall apply to the replacement of the member of the Bureau, in the same manner that prevailed in the election of its predecessor, in the event of a vacancy due to:

- death;

- resignation;

- permanent impediment;

- incompatibility;

— diversion of public money, concussion or corruption established by the Plenary Assembly;

- final criminal conviction.

Article 41:

The Office of the Council shall have a Cabinet composed of a political staff and an additional staff, whose number and powers are determined in these Rules of Procedure, in accordance with section 41 of the Organic Law.

In case of need, the Commission may use any external expertise. In this case, a contract determines the terms and conditions for the performance of the benefit.

Article 42:

The political staff of the Council shall be as follows:

- 1 Special Secretary and 1 Chargé de mission attachés à chaque Haut Conseiller;

1 Director of Cabinet, 1 Deputy Executive Director and 4 Presidential Advisors;

2 Counsellors attached to the Vice-President;

1 Counsellor attached to the Rapporteur;

1 Counsellor attached to the Deputy Rapporteur;

1 Counsellor attached to the Questeur.

Article 43:

The additional staff of the Council shall include:

- 1 Secretary of Cabinet, 3 Deputy Cabinet Secretaries attached to the Office of the Council;

- 1 Administrative Secretary,

1 Assistant and 1 Driver attached to each High Counsellor;

- 1 Secretary of the Director of the Cabinet of the Bureau of the Council;

- 2 seizure operators attached to each member of the Board.

Extra staff also includes:

- 1 Press attack;

- 2 Press assistants;

- 1 Public Accountant;

- 1 subordinate account;

- 1 Sub-manager of credits;

- 1 affected budget controller;

- 1 Head of Protocol;

- 1 Chief of the Joint Protocol;

- 1 Hearer;

5 Hosts;

- 4 Huissiers;

- 2 Drivers.

Article 44:

Members of the Cabinet's political and adjunct staff are chosen freely within or outside the career staff of government services.

Article 45:

When appointed persons are career agents of the State public services, they are placed in a detachment position in accordance with the statutory provisions in force.

Article 46:

Members of the Cabinet's political and ad hoc staff are appointed and relieved of their functions by the President of the Council, upon a proposal from the members of the Council to whom they are accountable.

Article 47:

The functions of the members of the Cabinet's political and ad hoc staff attached to the Council are terminated:

- by termination of their functions of the member of the Bureau;

- by revocation or resignation accepted;

- by permanent impediment;

- by death;

a sentence of criminal servitude;

Article 48:

The Board provides direction, organization and operation of the Board.

It meets once a week and whenever necessary, under the leadership of its President. It sits validly with the majority of its members.

Article 49:

The Board shall decide by way of Administrative Management Decision and by way of Act, a precautionary measure in the area of regulation.

Its Decisions and Acts are taken by consensus or, if not, by an absolute majority of the members present.

In the event of a parity vote, the President ' s voice is preponderant.

The Office's responsibility is collegial.

PARAGRAPH 1: CHAIRMAN

Article 50:

The President of the Conseil Supérieur de l'Audiovisuel et de la Communication provides a general mission of direction and representation of the Institute.

In this capacity, it shall, inter alia, exercise the following prerogatives:

1. To ensure the proper functioning of the Council and to report regularly to the Plenary Assembly;

2. To coordinate the activities of the institutions of the Institute;

3. maintaining order and discipline within the Council;

4. observe the Internal Regulations and all legal and constitutional provisions relating to the Council;

5. To convene ordinary and extraordinary meetings and meetings of the Bureau and the Plenary Assembly;

6. declare the opening, suspension, resumption and closing of sessions;

7. preside over meetings of the Bureau and sessions of the Plenary Assembly;

8. Ensure the police of meetings;

9. Grant or withdraw the word;

10. asking questions;

11. put to the vote the issues under discussion;

12. announce the results of the votes;

13. To convene the ad hoc commissions;

14. submit the budget estimates to the Plenary Assembly;

15. carry out the Commission's budget, in its capacity as credit manager and general manager, and report on it at the end of each fiscal year or whenever necessary;

16. Ensure respect for the rights and obligations of the High Councillors and experts of the Institute and those of any other person under the Council;

17. Ensure the proper functioning of the Board ' s administration;

18. make any communication concerning the Institute and its members;

19. Meeting the Bureau at least once a week;

20. have the National Police for the maintenance of the order in the Council's seat;

21. report in emergency and flogging proceedings any violation of the Institute's headquarters, provincial coordination and its services;

22. liaison between the Council and other national and international institutions;

23. Sign and make public the Decisions and Acts of the Council.

Article 51:

The President may delegate, in official writing, some of his responsibilities to the other members of the Bureau.

Article 52:

The President of the Council shall transmit to the institutions of the Republic and/or to the public services or other organizations the notes, opinions, recommendations and other documents concerning them.

It shall bring to the attention of the Council bodies the messages, letters and other consignments concerning them, except for the seditious documents.

PARAGRAPH II: THE VICE-PRESIDENT

Article 53:

The Vice-President assists the President in the performance of his duties. He replaces it in the event of absence or incapacitation.

Under the leadership of the President, he is also responsible for the administration, the monitoring of the functioning of the Provincial Coordinations and the monitoring of relations with the institutions of the Republic, the professional associations of the media, civil society organizations and political parties or groups.

PARAGRAPH III: REPORT

Article 54:

The Rapporteur is responsible for the technical organization of the Secretariat of the meetings of the Bureau of the Council and the Plenary Assembly.

He supervises the writing of the minutes and summary records of the Bureau's meetings, which he contravenes. As such, he is the Institute's spokesman.

It distributes working papers, organizes documentation and archives.

PARAGRAPH IV: THE ADJOINT REPORTER

Article 55:

The Deputy Rapporteur assists the Rapporteur in the performance of his duties. He replaces it in the event of absence or incapacitation.

Under the leadership of the Rapporteur, he is also responsible for the monitoring of the communication service, including publication activities and the online, in an internal and external network of the Council's public information.

PARAGRAPH V:

Article 56:

Le Questeur assists the President in the development and execution of the C.S.A.C. budget. It signs with the President all accounting documents and bank effects. As such, he is the delegate of the Institute.

Under the leadership of the President, he oversees logistics, finance and budget services. It reports monthly to the Office.

SECTION Ill: STANDARDS AND AD HOC

Article 57:

The Permanent Commissions are technical bodies responsible for dealing with specific issues related to the C.S.A.C. missions, in accordance with section 48 of the Organic Law.

Article 58:

The Permanent Commissions of the C.S.A.C. are:

1. The Juridical Commission;

2. The Technical Commission;

3. The Socio-Economic Commission.

They are governed by these Rules of Procedure and by specific by-laws adopted by the Plenary Assembly.

Article 59:

The Legal Board is responsible for the registration and review of complaints, regulations and opinions.

The Technical Commission is responsible for media monitoring and advertising compliance.

The Socio-Economic Commission is responsible for the studies, promotion and development of the media.

Article 60:

The Permanent Commissions are headed by High Councillors who are not part of the Bureau.

The latter serve as Chairs and Vice-Chairs of the Standing Committees respectively.

The Vice-Chairmen of the Standing Committees also serve as rapporteurs of the subcommissions.

The Chairs and Vice-Chairs of the Standing Committees shall be elected or designated on the basis of the election of officers.

Article 61:

The Permanent Commissions shall consist of the following Sub-Commissions:

1. Juridical Commission:

- Sub-Commission on Recording;

- Sub-Commission on the Review of Complaints;

- Sub-Commission on Regulations and Opinions.

2. Technical Commission:

- Sub-Commission on Media Control;

- Sub-Commission on Conformity of Advertising.

3. Socio-economic Commission:

- Sub-Commission on Studies;

- Sub-Commission on the Promotion and Development of the Media.

Article 62:

The Juridical Commission is responsible for the following tasks:

(a) Sub-Commission on Recording:

1. maintain a record and directory of records of any natural or legal person to operate or operate a media activity;

2. verify the conformity of the specifications;

3. verify the non-monopolistic distribution of capital;

4. ensure respect for the financing modalities of the press company;

5. verify the legality of the exercise of the profession of a few press trades;

6. check the legality of the social reason or the practice of the name.

(b) Sub-Commitment to the Complaint Review

1. To consider the admissibility and regularity of the referral of the Board;

2. Review any complaint eUou a request to the Board relating to contraventions and other breaches within the competence of the Institute;

3. the refusal to provide the required information;

4. propose mediation channels between the public, the institutions and the media;

5. examine the reports of visioning, listening and observation of the Congolese press and propose to the Council any referrals on its own, in relation to the deficiencies found.

(c) Sub-Commission on Regulations and Notices:

1. Review the rules relating to the conditions for the production, programming and dissemination of electoral campaigns;

2. Review the rules for the publication of articles of electoral campaigns by the print, electronic and other information technologies;

3. propose the terms of access to public media, the application of the principles of pluralism and the conditions of fairness in the media delivery of political parties, associations, or other citizens, especially during elections;

4. propose decisions to be taken and/or sanctions to be imposed in accordance with the laws and regulations in force, including the rules of ethics applied to professionals and to any media enterprise.

Article 63:

The Technical Commission is responsible for the following functions:

(a) Sub-Commission on Media Control:

1. Ensure the monitoring and implementation of the conditions of pluralism in the content of information;

2. To review compliance with the terms of reference by the audiovisual media;

3. conduct thematic studies and observations on various topics;

4. exercise relative control:

o respect of Act No. 96-002 of 22 June

1996 setting out the conditions for the exercise of press freedom and other regulations;

o respect for legal texts governing the media sector;

o respect for ethical standards of information;

o respect for the programmes grids;

o respect for the neutrality of public media and the fairness of private and commercial, associative and community media;

o respect for the pluralistic expression of the currents of ideas and opinions by public media;

o the neutrality of public media vis-à-vis political and social forces, especially during political and electoral consultations;

o the dissemination in the media of the culture of peace, democracy and good morals;

o to the valorization of national culture;

o the application by the press of its own code of ethics and ethics;

the quality of public and private audiovisual productions and programmes;

o to the production of educational programs, programs and documentation;

o the publication of articles and the dissemination of programmes that respect human values, including the dignity of women, youth and disadvantaged or disabled persons.

(b) Sub-Commission on the Conformity of Advertising:

1. maintain a directory of records of any natural or legal person operating an advertising sector activity through the media;

2. To propose recommendations and decisions on the areas of advertising and related ethics in the media;

3. make any comment on the advertising sector;

4. proposing standards relating to the professionalism of advertising and the media;

5. audition and/or view any spot or advertising element for the Commission's notice of compliance, at administrative costs set by the Plenary Assembly;

6. Propose a notice of prior conformity to the dissemination of advertising in the media;

7. exercise relative control:

• compliance with advertising sector legislation and regulations;

• the conformity of programs, programs, spots and other advertising messages to the ethics, morals and ethics of the advertising profession;

• the practice of tele-purchasing and mediatization of games-concours as well as results of opinion polls;

• Conformity to the good morals of any show broadcast by the media;

• Conformity with good morals of any information broadcast by online media.

Article 64:

The Socio-Economic Commission is responsible for:

(a) Sub-Commission:

1. Conducting studies on:

- new information and communication technologies;

- to the media and online services;

- to survey tools;

- the conformity of radio, television and press productions written to the laws of the Republic, fairness and ethics;

- regulations relating to broadcasting and television equipment and equipment;

- the drafts and proposals for legislation relating to the press and the various terms of reference;

- the standards on tele-purchase, media broadcast of competition games and the results of opinion polls.

2. undertake market studies.

(b) Sub-Commission Promotion and development of the media:

1. Promoting media in rural areas;

2. Promote the establishment of press messaging and promote the emergence of advertising authorities;

3. promote professional excellence;

4. develop standards on the dissemination by the media of any spectacle;

5. Conduct studies on media mapping and the state of the frequency spectrum sites;

6. undertake studies on public and media audiences;

7. Ensure compliance with the terms and conditions of direct or indirect assistance to the media;

8. ensure the proper delivery of the equitable distribution of direct assistance to beneficiaries;

9. To conduct forward-looking studies on the media economy;

10. undertake activities to protect media professionals in the regular exercise of their profession;

11. propose legislation to allow media professionals to access information sources;

12. maintain a directory of approved survey institutes;

13. maintain a directory of media professional organizations and other associations working in the sector;

14. undertake any activities related to economic and social information concerning the media;

15. training and recycling of professionals;

16. communication of rates to users;

Article 65:

The Chairs of the Permanent Commissions meet in conference with the Bureau of the Council for the fixing of the agenda of the Plenary Assembly.

Article 66:

The Permanent Commissions and the ad hoc Commissions shall address their reports to the Plenary Assembly through the Bureau of the Council.

Article 67:

No member of the Council may be part of more than one Permanent Commission.

Nevertheless, any member of the Council may, without a deliberate vote, attend the work of a Permanent Commission other than its own or an ad hoc Commission.

The functions of members of the Permanent Commissions are substituted, in case of opportunity or necessity.

Article 68:

Upon the formation of the Permanent or ad hoc Commissions, the members of the Commission are notified by the President of the Council.

Article 69:

In accordance with section 48, paragraph 3, of the Organic Law, the Plenary Assembly or the Bureau of the Council may, in the event of an opportunity and necessity, on the proposal of one or more members, establish ad hoc committees.

The purpose, duration and composition of the ad hoc committees shall be specified by the Plenary Assembly or the Bureau, as appropriate.

The members of the ad hoc Commissions are appointed by the President of the Council, on the proposal of the Bureau, according to the criteria of training, experience, credibility and honesty.

Article 70:

The mission of an ad hoc Commission ends with the filing of its report to the Council.

SECTION IV: PROVINABLE COORDINATIONS Article 71 :

To carry out its duties within the country, CSC relies on provincial coordination, in accordance with sections 33 and 49 of the Organic Act.

The Provincial Coordinations have a technical and administrative staff.

Article 72:

The Provincial Coordinations carry out the C.S.A.C. missions in the provinces and report to the Office.

They provide monthly comments on the functioning of the media in their respective entities and provide recommendations, advice and decisions.

Offices of the Provincial Coordination can be created by the C.S.A.C. in agglomerations with high media concentration.

Article 73:

In the event of a proven flogging of violation of existing legislation and regulations in the media sector, the Provincial Coordination may take a Conservative Act against offenders to safeguard the general interest.

It is committed to reporting to the Board ' s Bureau within 24 hours. The President is, in this case, obliged to immediately convene an Extraordinary Plenary Assembly to rule on the matter.

Article 74:

Provincial co-ordinations can expand their coordination meetings to media professional associations as well as other political, economic, social, cultural and religious actors.

They have the quality of observers, with advisory and non-deliberative voices.

Article75:

The Provincial Coordination holds weekly meetings and prepares a monthly administrative and financial report to the Office of the Council before 10 of the following month.

Article 76:

The Provincial Coordinators and their Deputy are members of the C.S.A.C. political staff.

The Provincial Coordinator is appointed Deputy Executive Director of the Board ' s Office. His deputy is an advisor.

Article 77:

Pursuant to section 49 of the Organic Law, the Provincial Coordination of the C.S.A.C. includes:

- 1 Coordinator;

- 1 Deputy Coordinator;

— 1 Secretary of Instruction;

- 1 In charge of the standardization service;

- 1 Analyst Observer;

- 1 Administrative Secretary;

- 1 Huissier.

The Deputy Coordinator assists the Coordinator in the performance of his duties and replaces him in the event of absence or incapacitation.

Article 78:

On the occasion of the review of the Institute's Annual Report, the Provincial Coordinators are invited to a Regulatory Activities Review Conference at the C.S.A.C. headquarters.

SECTION V: TECHNICAL SERVICES

Article 79:

Pursuant to section 44 of the Organic Act, CSC Technical Services are:

- The Congolese Media Monitoring Centre (CMMC);

— The Instruction Secretariat (SI);

- Standardization Service (SN).

Article 80:

The Congolese Media Monitoring Centre is responsible for monitoring, listening, viewing and analyzing the content published by the media.

It serves as the secretariat of the Technical Commission.

The Congolese Media Monitoring Centre is composed of: ·

- 1 coordinator, with the position of Deputy Chief of Staff;

- 2 assistant coordinators, with the position of Counsellor, respectively in charge of the print and online press, radio and television;

- 20 analyst observers;

- 1 administrative secretary;

- 1 Deputy Administrative Secretary;

- 2 maintenance technicians and recording;

- 1 bailiff;

- 1 driver.

Article 82:

The Instruction Secretariat is responsible for the pre-examination of the regularity and admissibility of complaints and/or requests received from the Council, the review of monitoring reports and the notification of the actions of the Council.

It serves as the secretariat of the Juridical Commission.

The Training Secretariat is composed of:

— 1 Principal Secretary of Education, with the position of Deputy Director of Staff;

- 2 secretaries of instruction, having the rank of Counsellor;

- 2 officers;

- 1 administrative secretary;

- 1 Deputy Administrative Secretary;

- 1 mailman;

- 1 driver.

Article 83:

The Standardization Service is responsible for the definition of quality standards and the design of rules for common and repeated uses in the media sector.

It serves as the secretariat of the Commission

Socio-economic.

The Standardization Service consists of:

- 1 coordinator, with the position of Deputy Chief of Staff;

- 2 Deputy Coordinators, with the rank of Counsellor;

- 3 analyst investigators;

- 1 administrative secretary;

- 1 bailiff;

- 1 driver.

SECTION VI: PROCEDURES, SAISINE AND PLAINTS

Article 84:

As part of its competence, the C.S.A.C. shall decide by way of Directives, Decisions or Recommendations, Motions, Observations or Notices, in accordance with the forms and deadlines established by the Act and these Rules of Procedure.

For the purposes of this Rules of Procedure:

Directive: normative act enacted to fill a legal vacuum in the field of media regulation.

Decision: Act of authority punishing matters of law or options raised in the context of the C.S.A.C.'s missions and responsibilities.

Recommendation: Guidance to media operators and other providers on a specific issue.

Request: C.S.A.C. request and addressed to an Institution or other bodies on a specific issue.

Comment: addressed to an intervener in the media sector on a legal issue and/or regulation in the sector.

Opinion: position expressed by the C.S.A.C. in response to the Government or to the institutions of the Republic. It concerns basic options for the media sector.

Article 85:

Pursuant to the provisions of sections 57 and 58 of the Organic Law, any natural or legal person, any national or foreign institution, may file with the C.S.A.C. a complaint against any media company whose professional violates the rules of ethics and ethics in information and communication.

The Council may seize on its own motion.

Article 86:

The complaint or request may refer to any media in the print, audio-visual, online or an advertising agency using the media.

The complaint must be written or filed by the Commission, with signature and address of the applicant.

With regard to the written press, the complaint must be accompanied by supporting documents.

With respect to the audio-visual and online press, the complaint must contain any mention allowing the identification of the professional and the subject matter, as well as the day and time of the broadcast or the posting and consultation.

Article 87:

When a complaint or an application to the C.S.A.C. is directed against a media professional for violation of ethical and ethical rules, the Commission notifies the grievances made to the person in question by inviting him to present his defence within 7 days.

In the event of an ex officio referral, the Commission may consult the Competent Professional Self-regulation Instance for advice and/or First degree examination.

The Self-regulation Act or is pronounced within a 7-day deadline. After this period, the C.S.A.C. withdraws from office the file and applies the relevant legal provisions.

Article 88:

In case of proven flogging of ethical violation and/or the requirements of the terms of reference, and as part of the application of section 63 of the Organic Law, the C.S.A.C. may consult the Self-regulation Instance in the taking of precautionary measures to safeguard the general interest.

Article 89:

The complaint or request from the Institutions of the Republic or those of the Provinces shall be examined by the C.S.A.C. following the emergency procedure.

The President of the Council is, in this case, obliged to immediately convene an Extraordinary Plenary Assembly to rule on the case.

Article 90:

Requests, supporting documents and correspondence to the C.S.A.C. are received from the Secretariat of the President of the Council who records them on their arrival date.

The President of the Council shall speak to the competent Permanent Commission or to the competent Technical Service in case of emergency.

Article 91:

The procedure before the Conseil Supérieur de l'Audiovisuel et de la Communication, in case of referral and complaints, is free of charge.

Article 92:

The hearings of the C.S.A.C. and the Standing Committees are public, except in camera decreed by the President of the Céans.

The closed hearing referred to in the matter with respect to the public and any other service, with the exception of the experts involved.

Article 93:

Pursuant to section 65 of the Organic Law, any natural or legal person injured by a decision of the Board may make an administrative appeal to the latter institution within ten days of notification of the decision.

Article 94:

If the CCC rejects the appeal or fails to make a decision within 15 days, the first-degree judicial remedy may be exercised within 30 days of the forfeiture, before the Council of State or the Administrative Court of Appeal, as the case may be.

Article 95:

Pursuant to section 66 of the Organic Law, the Commission may not be seized of the facts that have been filed for more than one year from the date of their commission if they have not been the subject of any complaint or finding.

Article 96:

When the CSC is consulted by the Government for the opinion established by section 18 of the Organic Law, it shall issue a reasoned notice within fifteen days, except for an emergency.

Where the CSAC's requested notice requires pre-instruction or other formalities, the period referred to above may be extended by the CSAC Bureau, which shall immediately notify the applicant.

SECTION VIl: THE PROTECTION OF

Article 97:

Pursuant to section 5, paragraph 3, of the Organic Law, the Commission shall take all appropriate measures to protect media professionals in the regular exercise of their profession.

Article98:

Pursuant to Article 8, 1 and 2nd dashes, the Council shall take all appropriate measures to guarantee the freedom of the press, information and any other means of communication of the masses.

The protection of the press implies the need to ensure the proper functioning and development of the press organs and the working conditions of media professionals.

Article 99:

The Commission applies to ensuring access by media professionals to sources of information pursuant to section 5, paragraph 3, of the Organic Act.

In this capacity and in the event of a conflict, the Council carries out mediation actions between the various protagonists, in accordance with Article 9, item 4.

SECTION VIII: RELATIONS WITH OTHER REPUBLIC INSTITUTIONS AND PARTNERS

Article 100:

C.S.A.C. is an independent institution of the other institutions of the Democratic Republic of the Congo, in accordance with articles 212 of the Constitution and 2 of the Organic Law.

However, it maintains with national institutions the necessary link to the normal accomplishment of its mission.

Article 101:

As part of the execution of its mission, the C.S.A.C. may enter into partnership contracts with state and non-state structures, national or international, that may be involved in its sphere of activity.

Article 102:

The C.S.A.C. can also maintain multilateral relations with corresponding Forums from other countries within the framework of international networks of media regulatory institutions.

SECTION IX: RESOURCES AND PATRIMOINE

Article 103:

The C.S.A.C. is independent in its operation. Pursuant to section 53 of the Organic Act, it has an allocation that is based on the State Budget.

This includes: remuneration, operation, investment and budget of election-time regulatory operations.

Article 104:

The Government applies the procedure for use in the payment of the staffing.

Article 105:

The Commission may obtain donations and bequests, the value of which is included in the State Budget for the year of their release.

Article 106:

The funds received by the C.S.A.C., as Government endowments and external contributions, are housed in bank accounts that are open to this effect and whose numbers are communicated to the Plenary Assembly.

Article 107:

The Commission prepares its budget in accordance with the Financial Act and transmits it to the Government to be incorporated in the State Budget.

Article 108:

The C.S.A.C. accounting is maintained in accordance with the General Rules of Public Accounts.

Article 109:

The C.S.A.C., by a financial regulation, determines the execution of its budget, in accordance with the Financial Act and the General Regulations of the Public Administration.

Article 110:

The heritage of the Conseil Supérieur de l'Audiovisuel et de la Communication includes:

- The inherited heritage of the High Authority

Media,

- The furniture and buildings made available to it by the State as an assignment;

- Acquisitions from staffing, donations and bequests.

Article 111:

The human resources of the Conseil Supérieur de l'Audiovisuel et de la Communication include the technical and administrative staff inherited from the High Authority of the Media, as well as an administrative and technical staff recruited in accordance with the legal procedure for use in the Public Administration.

SECTION X: PROJECTS

Article 112:

As part of the completion of its missions, CSC can initiate and implement projects or programs in the short, medium and long term.

Article 113:

Pursuant to section 53, paragraph 4, of the Organic Act, the Commission implements projects or programs that may result in the creation of technical services funded by the Public Treasury or in support of external partners.

The services thus created are governed by specific administrative regulations.

SECTION XI: OF THE PROCEDURE FOR MEDIAS

Article 114:

The creation of press companies is free, in accordance with Act No. 96-002 of 22 June 1996, setting out the procedures for the exercise of press freedom, in its article 14.

Article 115:

Pursuant to section 17 of the Organic Law, any natural or legal person wishing to operate in the field of print, audio-visual or online media is required to present his or her file to the Council for compliance control.

Article 116:

Under sections 9, item 10, and 17, the Organic Law sets out the modalities for the creation of press companies as follows:

- The person wishing to operate in the field of the written press is required to submit his or her file to the C.S.A.C. for a compliance check, prior to the issuance of the receipt by the competent Ministry;

- The person wishing to operate in the audio-visual or online media sector is required to file with the C.S.A.C. the file relating to the audio-visual media sector, prior to any assignment of frequencies by the competent authorities.

SECTION XII: DE L'APPRÉCIATION DE LA GRILLE DES PROGRAMMES

Article 117:

Any audio-visual media deposits its programming grid with the C.S.A.C., pursuant to section 13 of the Organic Law.

This grid is in accordance with the terms of reference issued by the Government, signed by the incompetent and approved by the Council.

The Commission's appreciation of the program schedule is made, at the beginning of each semi-annual season, in relation to the specifications of each audiovisual media.

Article 118:

The programming schedules of the broadcast stations and/or general television stations shall, inter alia, be subject to the distribution of the following antenna times:

- News and news magazines: 35%;

- Education, health, environment, youth and advancement of women: 25 per cent;

- Culture, sport and relaxation: 20%

- Economy and development: 10%;

- Advertising: 10%.

Article 119:

In accordance with section 15 of the Organic Law, advertising programming shall not exceed 10% of a program and shall be distributed as follows:

- once at the beginning of the program;

- once in the middle;

- once at the end.

Article 120:

Pursuant to section 12 of the Organic Law, the Commission exercises a priori and a posteriori control over advertising and/or advertising messages.

As such, the media are required to file with the Commission, for notice of compliance, spots, jingles, films and documentaries whose content includes advertising.

The Commission's opinion is over seven days.

TITRE III: AND OBLIGATIONS OF MEMBERS

SECTION 1: MANDATE AND INCOMPATIBILITIES Article 121:

The C.S.A.C. member is invested for a legal term of four years, renewable once.

Upon expiry of their term, the members of the Institute remain in office until the effective installation of new members.

Article 122:

In the event of a vacancy, the replacement for the remainder of the term is made in accordance with the provisions of sections 24, 25, 26 and 27 of the Organic Law.

Article 123:

Without prejudice to section 29, paragraph 1, the mandate may terminate on the basis of:

1. expiry of term

2. Death

3. resignation;

4. permanent impediment;

5. permanent incapacity;

6. Unjustified or unauthorized absence at more than four meetings;

7. acceptance of an incompatible function;

8. diversion of public money, concussion or corruption established by the Plenary Assembly;

9. irrevocable conviction of a primary criminal servitude for intentional offence.

Article 124:

The term of the C.S.A.C. member is incompatible with:

1. any public or private employment in the media sector;

2. any other function in an institution of the Republic, including the institutions of Support to Democracy;

3. the membership of the Armed Forces, the National Police, the Security Services, the Career Agents of the Public Services of the State, the Public Warrant Officer, and members of the institutions of the Republic;

4. the role of member of the political offices of the institutions of the Republic;

5. the function of the political-administrative framework of the Territorial;

6. any responsibility within a political party;

7. any other paid employment;

8. diplomatic, consular or international organizations accredited to the Democratic Republic of the Congo.

Article 125:

At the end of the term, they are awarded an exit allowance of six months from their last emoluments.

Article 130:

The members of the Bureau of the Council, the members of the Standing Committees and the ad hoc Commissions are entitled to a function allowance and the related benefits, set by the Plenary Assembly on the proposal of the Bureau.

Members and/or C.S.A.C. agents may not directly or indirectly perform functions, receive fees or hold interest in an audiovisual, film, print, advertising or telecommunications company.

Nor can they benefit from documents or authorizations relating to an audiovisual, written or electronic communication service for themselves or by an interposed person, or obtain interest in a company or in an association carrying on such an activity.

SECTION II: RIGHTS

Article 126:

Pursuant to section 2, paragraph 2, of the Organic Law, the members of the Superior Council of Audiovisual and Communication enjoy independence from the institutions and other organizations of which they come.

Article 127:

Members of the C.S.A.C. are entitled to a legitimation card, a diplomatic passport for themselves, their spouses and their dependent children, a macaron and the assistance of the administrative authorities and the public force during provincial tours.

Article 128:

Members of the C.S.A.C. are entitled to a monthly allowance that ensures their independence and an honourable exit at the end of their term of office.

Article 129:

Upon entry into office, C.S.A.C. members are entitled to installation fees equivalent to six months of their monthly emoluments, in accordance with the article

30 of the Organic Law.

They perceive emoluments and benefits that ensure their independence and dignity.

Article 131:

A member of the C.S.A.C. who is unable to perform his or her duties because of illness or disability, is entitled to a third of his or her emoluments, social benefits and exit benefits at the end of the term.

Article 132:

Travel expenses and titles related to missions within and outside the country as well as hospitality expenses are borne by the Public Treasury.

The Commission's Office appreciates the other circumstances under which a travel permit may be issued to the spouse and dependent children as part of the family reunification of the Public Treasury.

Article 133:

C.S.A.C. members are entitled to annual leave. They also benefit from the following benefits:

- bonuses for special function;

- snacks;

- costs or means of transport;

- housing allowances;

- family allowances;

- medical expenses for themselves and their families;

- funeral expenses;

- repatriation of the body;

- Consolation allowances.

In the event of the death of the Council member, the surviving spouse and orphans are entitled to the final count of emoluments equivalent to six months.

Article 134:

C.S.A.C. members benefit from all facilities and protection due to their responsibilities.

SECTION III: OBLIGATIONS

Article 135:

CSC members are required to honour their status. As such, they are prohibited:

- to use influence traffic;

- to make public or private statements that hinder the operation of the C.S.A.C.;

- to disclose the deliberation or voting secrets during or after their mandate.

Article 136:

Members of the C.S.A.C. are required to attend meetings and work of the Institute.

Article 137:

Members of the C.S.A.C. staff are required, in all circumstances, to preserve the honour and dignity of their duties and to ensure, during the examination of the files submitted to them, the general interest and respect for professional secrecy.

Article 138:

Staff members of the C.S.A.C. are held to the duty of loyalty to the institutions of the Republic. They must maintain a spirit of frank collaboration between them and the Public Administration.

They are held, in public and in private, to the duty of reserve as to the facts and information they have been aware of in the exercise or during the performance of their duties.

Article 139:

C.S.A.C. staff members shall:

- refrain from any initiative or declaration that may affect the dignity of their functions or the Council;

- comply with the legal orders received in the execution of the work;

- respect, in all circumstances, the rules for the proper service;

— respect the suits and good morals in the performance of their duties.

Article 140:

Members of the C.S.A.C. or personnel who have a personal interest in a case submitted to the Institute must refrain from dealing with it or participate in the deliberations on it.

They are required to share this with the President or the President

Office.

SECTION IV: DISCIPLINARY REGION

Article 141:

Any member of the C.S.A.C. who fails to fulfil his or her duties is liable to sanctions.

Depending on the seriousness of the facts, the disciplinary sanctions to be administered by the Plenary Assembly are:

- the reminder to order;

- the warning;

- the blame;

- suspension.

Article 142:

In the event of a breach of the duties of their duties, C.S.A.C. staff members are, depending on the seriousness of the facts and the procedure applicable to public officials, liable to disciplinary sanctions provided for by the status of career staff in public services of the State.

PART IV: FINAL PROVISIONS

Rule 143 :

These Rules of Procedure may be amended at the initiative of the Bureau of the Council or at the request of half of the members of the Plenary Assembly.

Article 144:

Pursuant to section 38, paragraph 2, of the Organic Law, any matter within the jurisdiction of the C.S.A.C., but not provided for in these Rules of Procedure, is the subject of a Plenary Assembly Decision.

Article 145:

These Rules of Procedure, adopted by the Plenary Assembly of the C.S.A.C., come into force after the Constitutional Court's notice.

Done in Kinshasa, 20 September 2011

Alain NKOY

Co Rapporteur

For the Provisory Office

ONOKO OKENDE Thaddée

Chairman

Mrs. MAVELA KINKELA

Co Rapporteur

Members

1. se/Monsieur Primo MUKAMBILWA

2. se/Monsieur Célestin LUBOYA NVIDIE

3. se/Monsieur Jean-Chrétien EKAMBO DUASENGE

4. se/Monsieur Octave KAMBALE JUAKALI

5. se/Monsieur ATUFUKA MBUZE GALUNG

6. se/Madame Pétronille MUSAKA SALA

7. se/Monsieur l'Abbé Jean-Bosco BAHALA OKW'IBALE

8. se/Monsieur Christophe Tito NDOMBI KAMAKULUAKIDIKO

9. se/Monsieur Jean-Pierre EALE

10. se/Monsieur LWEMBA lu MASANGA

11. se/Madame Chantal KANYIMBO MANYONGA

12. se/Monsieur Gaudens BANZA TIEFOLO