Operational and Complaints Procedure

2015-01-09

1st Annex to the Media Council of Mongolia’s

Governing Board resolution No 2, 2015

 

COMPLAINT PROCEDURE

One. General provisions

1.1   Anyone who believes that journalistic content published or broadcast by media organizations
          violates the “Mongolian Media Ethics Principles”[1] may submit a complaint /hereinafter
         complaint/ to the Media Council of Mongolia /hereinafter Council/.

1.2   The Council will only accept and process complaints regarding journalistic content
         disseminated by print, online, radio and television journalists.

1.3   The Council will make statistical information about complaints and decisions of complaint
         committees /hereinafter Committee/ available for the public on a quarterly basis.

Two. Receiving complaints

2.1   Complaints concerning content published or broadcast 90 days prior to submission of the
         complaint will be accepted in a written form.

2.2   Complaints must include following materials:

2.2.1   Date, time, name of media outlet

2.2.2   The rationale of complaint and the specific provision of the Mongolian Media
            EthicsPrincipleswhich is considered to be violated

2.2.3   As for print media, the date of publication and a clearly visible copy of the material

2.2.4   As for an online media/website, a screenshot of the page and the link to the material, if
            possible.

2.2.5   As for radio or television, the name of the outlet, its logo, title of the program,
            broadcasting time, if possible a video or audio footage.

2.3   General, unclear or anonymous complaints regarding media outlet’s operations,
         advertisement, personal qualities of journalists such as knowledge, education or personal
         behavior will not be accepted.

Three. Complaint scrutiny

3.1   Complaints will be received and registered by the Council’s Secretariat.  
         /hereinafterSecretariat/.
 

3.2   Complaints which do not contain reasons/justifications, are unclear or not related with ethical
         issues shall berejected in writing by the Secretariat.

3.3   The complainant has the right to appeal within 10 days since the receipt of the rejection.

3.4   Confirmation on the acceptance of the complaint for Committee’s hearing shall be sent to the
         complainant in writing.

3.5   In case the complainant makes claim on the issue to the court before making complaint to the Council
         or after made complain before the meeting of the Committee, the complaint procedure can be post.
         New decision should be taken after first court-decision[2].

3.6   The Secretariat shall send the complaints to respondents and give them an opportunity to
         make a statement on the complaint within 5 working days of the dispatch for Ulaanbaatar
         media outlets and within 10 working days for rural media outlets.[3]

 

Four. Preparation for committee hearings

4.1   The Secretariatshall prepare complaints for hearings in the order of their submission and set
         up the hearing date.

4.2   The complaint shall be considered as resolved if the complainant withdraws the complaint.[4]

4.3   On basis of taking proposal from members hearing date shall be fixed at the beginning of the
         year to conduct it not less than once a quarter, and hearing date shall be announced to
         members and public. The Committee hearing shall bereminded to Committee members at
         least 10 working days before the hearing in advance. The date of the hearing shall be
         announced publicly through the website of the Council.[5]

4.4   Secretariat shall notifyproposal it is required to discuss forwarded complaint in irregular hearing to the
         chairman of Ethic Committees, to preside irregular hearing or not shall be settled by decision of the
         Chairman.[6]

4.5   The Secretariat shall make preparations for the Committee hearings. These preparations shall
         include following:

4.5.1    The complaint and accompanying documents including the statements of the
             respondents shall be sent to Committee members 3 working days before the hearing.

             4.5.2    Preparation of technical facilities includingrooms, equipment and documents.[7]      

4.6   Members must be physically present at hearings. Only members from rural areas will be
         allowed, if justified, send their votes/positionsin writing prior to the hearing or on the phone
         during the hearing.[8]

4.7   A member affiliated with the respondent shall withdraw oneself from participation in the
         hearing on the ground of partiality.

4.8   Members can be challenged by other members on grounds of presumed partiality. In this case
         the application for rejection of participation in the hearing shall be decided based on the
         simple majority rule.

4.9   The hearings shall not, in any circumstances, be open to the public.

Five. Committee hearing

5.1   Committee hearings shall take place at least once in a quarter, with no less than 60 percent of
         members attendance.[9]

5.2   The hearing shall be conducted by the Chairman or by the deputy chairman in case if the
         Chairman is absent. In this case in absence of deputy chairman, head of the committee or a
         member shall be proposed as a moderator of hearing, and adopted by decision of majority
         members in the hearing.[10]

5.3   Committee members shall review and appraise the complaint and accompanying documents
         with regard to the “Media Ethics Code’ and make conclusions.To make conclusion, the
         response forwarded by the media outlet on the complaint shall be taken into consideration.[11]
5.4   Members shall clearly and concisely express their opinions on background of the conclusion,
         the complaint has ground or not and violates Code of Media Ethicswithin time duration no
         longer than 4 minutes.[12]

5.5   Independent researchers or experts may be invited to the hearing for advice and professional
         views on ethical issues in journalism.

5.6   At the end of the dispute the Chairman conducts an open poll. The final decision shall be
         approved by the majority of members.

5.7   The members shall maintain confidentiality concerning the discussions, individual statements
         and opinions, the decision making process and relevant documents.

5.8   A member of the Secretariat shall produce a record of the hearing to document the process.
         The records of the hearing can be confirmed online by members 5 workingdays. Absence of
         confirmation shall be taken as approval of the records.[13]

5.9   Complaints and accompanying documents, the hearing minutes and decisions shall be
         documented and archived.

Six.  Hearing rulings

6.1   The Committee shall check justification of the complaint, in case of considering there is
         justification, it shall be discussed andmake a conclusion on violating of the Code or not.[14]

6.2   Based on the conclusion, the Committee can make following decisions:

6.2.1    Statement about non-violation

6.2.2    Statement about rectification on own initiative[15]

6.2.3    Statement and advice notice about violation, naming the media outlet[16]

6.3   The hearing decisions shall be made in the Committee resolution and confirmed to sign on the
         decree by the Committee chairman.[17]

6.4   The Committee Chairman or Secretariat informs the public about the hearing decision within 7
         working days.18

6.5   The Committee decision shall be sent to the complainant and the respondent within 5 working
         days.

6.6   The committee decision shall be published on the complaint addressed to media and other
         media tools.19

Seven. Resumption of Committee decisions

7.1   The complainant has the right to appeal to the Council in case new circumstances are created
         after made the decision of the Committee.20

7.2    In such cases the complaintshall be re-discussed in joint meeting of the Committees of Ethics
         and a decision shall be made.21

7.3   The complaint shall be discussed in case the attendance of the joint hearing is more than 50
         percent of members of Ethics Committees.22

7.4   The joint hearing shall be presided by the Committee chairman which does not discuss the
         complaint, and deputy chairman in case of his absence. 23

7.5   Decision made in the joint hearing shall be final.24

 

-------- îÎî --------



[1]“Media Ethics Code”  are professional principles applicable to journalistic operations

[2] Added by the Board meeting decision on May 30, 2017

[3] Revised by the Board meeting decision on October 16, 2015

[4] Revised by the Board meeting decision on June 24, 2015

[5] Revised by the Board meeting decision on May 30, 2017

[6]Added by the Board meeting decision on May 30, 2017

[7] Deleted 4.5.3 by the Board meeting   

[8] Revised the Board meeting decision on October 16, 2015

[9] Added the Board meeting decision on May 30, 2017

[10]Revised the Board meeting decision on May 30, 2017

[11]Revised the Board meeting decision on May 30, 2017

[12]Revised the Board meeting decision on May 30, 2017

[13]Revised the Board meeting decision on May 30, 2017

[14] Revised the Board meeting decision on May 30, 2017

[15] Revised the Board meeting decision on June 24, 2015

[16]Deleted 6.2.3 and 6.2.4 revised by 6.2.3 by the Board meeting decision on May 30, 2017

[17]Revised the Board meeting decision on May 30, 2017

18 Revised the Board meeting decision on May 30,

19 Added the Board meeting decision on May 30, 2017

20. Revised the Board meeting decision on May 30, 2017

21 Revised the Board meeting decision on May 30, 2017

22 Added the Board meeting decision on May 30, 2017

23 Revised the Board meeting decision on May 30, 2017

24 Revised the Board meeting decision on May 30, 2017

 

 

Contact Us