Consultancy to develop Information, Media and Broadcasting (IMB) Bill 2024 for Ministry of Information 313 views

Terms of Reference for the development of Information, Media and Broadcasting (IMB) Bill 2024 for Ministry of Information

1. Introduction

The Ministry of Information is seeking a competent consultant to develop the Information, Media and Broadcasting Bill 2024. The proposed Bill seeks to establish an overarching legal instrument that consolidates the culture of democratic responsibility, accountabilities and transformative performance outcomes and impacts in The Gambia.

2. Background

Following an executive proclamation on 4^th May 2022, the Ministry of Information and Communications Infrastructure (MOICI) was decoupled to create two new Ministries—the Ministry of Information (MoIN) and the Ministry of Communication and Digital Economy (MoCDE). Consequently, the new Ministries have different political mandates that would require separate legal instruments to facilitate the realization of their respective goals in the service delivery framework of the Gambia Government. The Information and Communications (IC) Act 2009 administered by MOICI does not appear to be contextually apt for adoption by any of the new derivatives of the decoupling process and hence the need for a new bill. The new Bill is expected to consolidate the gains associated with the fourteen (14) year implementation of the IC Act, 2009 and further embrace media-related achievements since the dawn of the current democratic dispensation. Furthermore, it is expected that scalable contemporary matters relating to Information, Media and Broadcasting sectors will be integrated for the purpose of establishing, cultivating and optimizing democratic dividends in The Gambia.

3.0 Goals

The Ministry seeks to:

1. Provide a legal anchor to the political will for the establishment of the Ministry of Information and its associated facets by embracing Information, Media and Broadcasting sectors.
2. Review and tease out information-centric components of the IC Act, 2009 with a view to anchor critical parameters for futuristic enrichment of the Bill.
3. Extract all aspects of information, media and broadcasting from the Communications Bill 2023.
4. Domesticate and give effects to the United Nations Sustainable Development Goal (SDG) 16. and Aspiration three (3) of the African Union Agenda 2063 that jointly established the need for access to information and responsible press in the socio-economic development process and Article 19 of the ICCPR.
5. Establish the critical mass for the modernization of the Information value chain through synchronized development of the legal instruments and subsidiary regulatory instruments.
6. Reinforce stakeholder resolve to address diverse matters of collective concern through dedicated screening, repealing and amendments of laws in sync with the affirmative commitments of the Government to anchor democratic pluralism and respect for the supremacy of the rule of law.
7. Consolidate the registered gains and amplify the opportunities for symbiotic collaboration and meaningful participation of Civil Society Organizations (CSOs) in the nation building process.
8. Create information and knowledge societies in The Gambia through access to information, transparency and inclusive participation of the citizenry in public decision-making.
9. Build trust and confidence in the political leadership and draw the government closer to the citizenry through proactive information sharing, open governance and accountability as prescribed in the Access To Information Act 2021 and in accordance with Article 9 of the Banjul Charter
10. Provide the legal grounding and definitive assurances for the existence of a conducive operating environment for media practitioners in terms of safety and security in the ordinary course of executing core professional duties.

4.0 Scope of Work

1. Conduct consultative meetings and Key Informant Interviews (KII) and survey of industry actors and players to establish the parameters of the Bill, opinions and expectations of key stakeholders.
2. Submission of an Inception Report covering the key parameters including, assumptions about the timelines, quality aspects and resource allocation requirements as well as evidence of any other new imperatives that must be agreed upon before proceeding onto the next stages.
3. Reviewing of existing laws including the Information and Communications Act 2009, GPPC Act 2012, GRTS Act 2004, the and the Communications Bill 2023 for consistency Access To Information Act 2021 and alignment to the democratic credentials of The Gambia.
4. Reviewing the legal instrument that established the Department of Information Services (DOIS)for the purpose of aligning and synchronizing the service delivery context of the Ministry.
5. Consult, cultivate and integrate key industry stakeholder perspectives including CSOs such as GPU, Media Council, ATI Coalition, Key Stakeholder Consultative Forum and other related parties to ensure the establishment of a bill that is that is contemporary, consultative and contextually apt to fuse in the legitimate expectations of all stakeholders.
6. Engage in extensive consultations with the Ministry of Justice to ensure that the final draft substantially reflects the expectations of the Attorney General’s Chambers and Ministry of Justice.
7. Submission of the first draft bill that is thorough, scalable and acceptable to multiple stakeholders and must reflect an embodiment of superior contents, logical coherence, contextual aptness, modern and futuristic characteristics for review by internal stakeholders.
8. Conduct a technical review of the first draft with the Key Stakeholder Consultative Forum and drafting team of Ministry of Justice
9. Conduct at least one validation workshop integrating the media fraternity and a cross-section of public and private sector actors, Civil Society Organizations and other international bodies/agencies to enhance the potency of the Bill in addressing the legitimate aspirations of diverse stakeholders.
10. Submit the cleaned and final version of the Bill (that fully incorporates legitimate concerns and comments that arise from the validation workshop) to the Permanent Secretary of the Ministry for onward transmission to the Solicitor General and Legal Secretary.

5.0 Deliverables

1. An Inception Report
2. Submission of data collection instruments for the KII and survey
3. Reports Consultative meetings and KII Review Report on existing laws
4. Submission of the First Draft Bill
5. Reports on the technical review workshop
6. Report of the validation Workshop and Submission of Final Bill

6.0 Timeline

The consultancy must not exceed three months from the date signing the contract. Individual deliverables are scheduled as follows:

8.0 Eligibility Criteria

1. Individuals and Consultancy Firms can apply.
2. Must have 10 years of experience in executing similar assignments in the past.
3. Must be registered or have partners registered in the Gambia.
4. Must demonstrate manpower competence to accomplish the assignment on time.
5. The Lead Consultant must hold at least an LLM/Master’s Degree in law and have at least ten years’ post call.
6. For firms, must be in possession of all relevant documentation.
7. Provide reference for similar past works

How To Apply.

Interested Consultants shall submit financial and technical proposals embodying a work-plan/implementation schedule, proposed timelines, milestones, testimonials and where applicable business registration and bank details as well as the implementation budget in a double sealed envelope addressed to the: Permanent Secretary, Ministry of Information, GRTS Building, MDI Road, Kanifing. Similarly, applications can also be sent by email: to Ibrahim Bahizi Drammeh: drammeh@freedomhouse.org not later than May 5, 2024,

Applications received beyond the stated date will not be considered