The Seychelles Media Commission (SMC) has recommended a series of amendments to the SBC Bill, 2026. It says its principal concern is whether the proposed arrangements sufficiently secure the independence required under the Constitution.
In a position paper published in June, the Commission said the Bill is “broadly consistent with the Constitution”. It also reflects “many of the democratic values protected under Article 22”. These include freedom of expression, the right to receive and impart information, media pluralism, public accountability, cultural diversity and editorial independence.
“The objectives of promoting informed public debate, independent journalism, cultural expression, public education and democratic participation are fully consistent with the constitutional vision of an open and democratic society,” the Commission said.
The Commission said its principal concern relates to whether the proposed governance framework adequately secures SBC’s independence. This is required under Articles 22 and 168 of the Constitution.
The Commission noted that the President would appoint the Select Committee. The President would appoint Board members from candidates recommended by the Select Committee. In addition, the President would appoint Board members where the Select Committee fails to act. Moreover, the President would also appoint the Chief Executive Officer and Deputy Chief Executive Officer.
“Although presidential involvement is not inconsistent with constitutional principles, the concentration of appointment powers risks undermining both the reality and appearance of institutional independence,” the Commission said.
The Commission recommended consideration of “a more broadly representative appointment framework” that distributes responsibility among different institutions.
It also recommended considering whether the Constitutional Appointments Authority should retain a role in the appointment process.
If lawmakers retain the Select Committee model, the Commission said the legislation should provide greater clarity regarding the identity and qualifications of members. Additionally, it should clarify eligibility criteria, independence requirements, integrity standards, and nomination procedures.
The Commission also recommended that the Select Committee include nominees from the Presidency, civil society organisations and the Judiciary.
Regarding the Board, the Commission recommended retaining individuals with expertise from civil society, media practice, academia, business and other professional sectors.
“The Commission supports the continued representation of civil society organisations, including CEPS and SIFCO, on the Board,” the paper states.
However, it added that concerns have been expressed regarding “the continued necessity of representation by the Seychelles Chamber of Commerce and Industry”.
The Commission also addressed financial independence.
It said institutional independence requires “an appropriate degree of financial autonomy”.
“Financial dependence may create circumstances in which a broadcaster feels compelled to avoid criticism of government policies or public authorities in order to protect its financial position,” the Commission said.
The Seychelles Media Commission recommended considering multi-year funding arrangements approved by the National Assembly and statutory guarantees regarding minimum public funding. It also recommended direct parliamentary appropriations, transparent funding mechanisms, and strengthened accountability measures.
The Commission also commented on the proposed appointment of the Chief Executive Officer and Deputy Chief Executive Officer.
“The Commission is of the view that the Board of SBC should bear primary responsibility for the recruitment and selection of its executive leadership,” the paper states.
It recommended that the Board conduct recruitment through a Nomination and Remuneration Committee. The Board should then submit recommendations to the full Board for approval.
“The President may retain a confirmatory role, but the recruitment process itself should be driven by the Board,” the Commission said.
The Commission also recommended clear provisions governing the suspension and removal of Board members and senior executives.
It said grounds for removal should be limited to incapacity, serious misconduct, gross incompetence, bankruptcy, conviction for a serious criminal offence, breach of fiduciary duties or inability to discharge the functions of office.
The Commission raised concerns about Section 15(1)(a), which requires programming not to offend against “decency and public morality”.
“The concepts of ‘decency’ and ‘public morality’ are not defined in the Bill and may therefore be susceptible to subjective interpretation,” it said. “There is a risk that the provision could be relied upon to restrict legitimate journalism, criticism, satire, artistic expression or robust public debate.”
The Commission welcomed provisions relating to independent news coverage, broadcasting of parliamentary proceedings, multilingual programming and accessibility for persons with disabilities.
It also commented on a provision requiring SBC to submit its annual report to the Minister responsible for Information. This must happen before it is laid before the National Assembly.
The Commission recommended that SBC submit its annual report directly to the National Assembly. A copy should be provided simultaneously to the Minister.
The paper also welcomed proposals to criminalise interference with editorial independence.
However, the Commission recommended safeguards to ensure the provision does not “inadvertently criminalise legitimate oversight, lawful engagement by public authorities or constructive criticism of SBC”.
The Commission also addressed a proposal allowing it to nominate a member to the SBC Board. At the same time, it would continue to exercise oversight functions.
“The proposed arrangement risks creating a perception that the Commission is both participant and regulator,” it said. “The concern is therefore one of institutional independence and public confidence rather than actual bias.”
The Commission recommended removing its Board nomination power while preserving its regulatory and oversight functions.
In its conclusion, the Commission said its “principal concern is not with the objectives of the Bill, but with whether the proposed governance, appointment, tenure and financial arrangements sufficiently secure the independence required by Articles 22 and 168 of the Constitution”.
It recommended 12 amendments covering appointments, governance, financial autonomy, executive recruitment, tenure, freedom of expression and regulatory oversight.
“Subject to these recommendations, the Commission considers that the Bill provides a strong foundation for the development of an independent, professional and publicly accountable public broadcasting service in Seychelles and will better fulfil the constitutional requirements contained in Articles 22 and 168 of the Constitution.”