Broadcasting and the Opportunity to Respond

“89. (1) The proceedings of the House shall ordinarily be broadcast, gavel to gavel, on television, radio and the Internet and in accordance with the rules and standards adopted by the House as set out in Appendix II to these Standing Orders, or as may be amended by order of the House from time to time.

(2) A person, not being a Member, who has been referred to in the House by name, or in such a way as to be readily identifiable, may make a submission to the Presiding Officer in writing – (a) Claiming that as a result of the reference, to have been adversely affected in reputation or claiming injury to occupation, trade or office; (b) Submitting a response to the reference; and (c) Requesting that the response be incorporated in the Assembly record.

(3) A submission must be made within two (2) weeks of the reference having been made and must be succinct and strictly relevant to the reference that was made. It must not contain anything offensive in character.

(4) The Presiding Officer shall consider whether in all the circumstances of the case the response should be incorporated in the Assembly record.

(5) In that consideration, the Presiding Officer – (a) shall take account of the extent to which the reference is capable of adversely affecting, or damaging the reputation of the person making the submission; (b) may confer with the person making the submission and with the Member who referred to that person in the House; (c) must be satisfied that – (i) the subject matter is not trivial (ii) the submission is not frivolous, vexatious or offensive in the character.

(6) The Presiding Officer shall not consider or judge the truth of the reference made in the House or of the response to it.

(7) If the Presiding Officer decides that the response should not be incorporated in the Assembly record, the Presiding Officer shall direct the Clerk to so inform the person concerned and that no further action will be taken.

(8) If the Presiding Officer decides that the response should be incorporated in the Assembly record, he shall order that the submission, as may be amended by him, be read by the Clerk at the next subsequent sitting after his determination.”