Rs 784.409 Regulation Of The 1 St March 2007 Of The Independent Review Authority Of The Radio And Television (Aiep) (Regulations Of The Ubi) Complaints

Original Language Title: RS 784.409 Règlement du 1er mars 2007 de l’autorité indépendante d’examen des plaintes en matière de radio-télévision (AIEP) (Règlement de l’AIEP)

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784.409 regulation of the independent review authority of radio-television complaints (AIEP) (regulations of the UBI) from March 1, 2007 (Status January 1, 2012) approved by the federal Council on 16 March 2007 the independent authority of radio-television, saw art complaints. 85, al. 2, of the Federal law of March 24, 2006 on radio and television (LRTV), stop: Section 1 Organization art. 1 seat, Vice President and committees the independent authority of complaints about radio and television (UBI) has its seat in Bern.
She refers to his Vice President.
It may set up committees.

Art. 2 president the president is responsible for the following tasks: a. He runs the ICA sessions; b. monitor the management and administration of the secretariat; c. it is responsible for the public as well as contacts with the Swiss authorities and foreign relations; d. He assumes the tasks referred to in this regulation.

In case of impediment, he is replaced by the vice-president.

Art. 3 appointment of the secretariat the secretariat Manager is appointed by the president after consultation with the other members.
The president and the head of the secretariat refer to other employees of the secretariat.

Art. 4 tasks of the secretariat the secretariat keeps track of the ICA files both from a technical and administrative point of view.
The following tasks are the responsibility of the secretariat: a. educate complaints procedures; b. organize sessions and hold minutes; c. write the explanatory statement and notify decisions; d. report of activities; e. oversight on management; f. manage the website; g. decide, in agreement with the president, on requests for access to official documents under arts. 10 ss of the Federal Act of 17 December 2004 on the principle of transparency.

The secretariat represents the UBI in its relations with the Federal Government and manages the contacts with the public.

SR 152.3 art. 5 sessions the president convenes the sessions, in agreement with the secretariat. As a general rule, the order of the day is sent two weeks in advance.
In principle, documents relating to business joined the convocation.

Art. 6 budget and accounting the AIEP establishes its budget and forward it to the general Secretariat of the federal Department of the environment, transport, energy and communications (DETEC).
The accounts of the UBI is kept by the general secretariat of the federal Department of the environment, transport, energy and communication.

New content according to section I of the O of the UBI Dec. 2. 2011, approved by the CF on 9 Dec. 2011 and in force since Jan. 1. 2012 (2011 6249 RO).
New content according to section I of the O of the UBI Dec. 2. 2011, approved by the CF on 9 Dec. 2011 and in force since Jan. 1. 2012 (2011 6249 RO).

Art. 7 official secrecy members of the ICA and the staff of the secretariat are bound to secrecy of function.

Section 2: Complaint Procedure art. 8 distribution president appoints a rapporteur for each complaint.
The latter is responsible to prepare a report and make a proposal.
The secretariat may be responsible to collaborate in the preparation of the reports.

Art. 9 challenge members inform the ICA of any grounds for disqualification. If the challenge is contested, it belongs to the ICA to decide in the absence of the Member concerned in accordance with art. 10 of the Federal Act of 20 December 1968 on administrative procedure (PA).

RS 172.021 art. 10 experts the UBI can hire experts.

Art. 11 public deliberation the UBI decides if private interests worthy of protection under art. 97, al. 1, LRTV oppose the proceedings.
The ICA publishes on its Web site, at least ten days before the meeting, the topics that will be the subject of a public debate.
Seats are reserved for representatives of the media and to the parties involved in the procedure.
Views and its catches are not allowed. The president may, however, provide for exceptions, in agreement with the other members of the ICA.

Art. 12 votes the deliberations of the ICA are valid when at least six members are present. Its decisions are taken by simple majority of the members present. In case of equality of votes, the Chair tie.
Members are required to vote.

Art. 13 differ if at least three members a differ from that of the majority, they can write it down. The recorded text must be written succinctly and be limited to the essential points of the statement of reasons. It is published in the annex to the decision.
The president may set a time limit to the drafting of opinions.

Art. 14 presentation patterns the AIEP approves the statement of written reasons.

Art. 15 decision by way of circulation introduction decisions, approval of presentations of the reasons and decisions about the deliberations in camera pursuant to art. 11, al. 1, may be laid down by way of circulation when the president so decides.
At the request of a member or the secretariat, Affairs are deliberate and decided in a regular session.

Art. 16 language of decisions decisions are written in the language in which the offending broadcast or in the main language of the area covered by the broadcaster.

Art. 17 reckless claim the complaint procedure provisions, contained in art. 8, 9 and 12 to 16 shall apply by analogy if a broadcaster or a mediation body asks the UBI, at the end of the mediation procedure, to put fees charged to the author of a bold claim (art. 93, para. 5, LRTV).

Section 3 organs of mediation of the linguistic regions art. 18 appointment of the organs of mediation the AIEP designates a Committee to prepare the appointment of the organs of mediation of the three linguistic regions and to make proposals for the designation of the members of those bodies, in accordance with art. 91, al. 1, RTVA.
The organs of mediation are generally appointed by the ICA for a period of four years. Their mandate can be renewed. When a position becomes available, it is reselected for the remaining period up to the end of the term.
The validity of the voting and decision-making is determined in accordance with art. 12, al. 1, of the present regulation.

Art. 19 tasks of mediation bodies deal with procedures of claim within the meaning of art. 92 and 93 LRTV.
They provide an annual activity report to the ICA.
They inform the public of their function and their activities.

Art. 20 monitoring the AIEP supervises high on the mediation of office bodies and complaint.
The UBI examines complaints made against the organs of mediation in accordance with art. 71 PA.
The procedural rules laid down in art. 8, 9 and 12 to 16 shall apply by analogy.

RS 172.021 Section 4 Information art. 21 principle of information the AIEP informed the public of its function and its activities.
It publishes its decisions in full, in anonymous form, in the database on its Internet site. Access is free.

Art. 22 report annual the ICA adopts the annual report for the federal Council.
Once the federal Council took knowledge, the annual report is published in the four national languages.

Section 5 provisions final art. 23 repeal of current law the regulation on 5 November 1993 of the independent review authority of the radio and television complaints is repealed.

[1994 3085 RO]

Art. 24 entry into force this Regulation comes into force on April 1, 2007.

RO 2007 1059 RS 784.40 State on January 1, 2012