CLASSIFICATION: #16. EXECUTIVE BRANCH

NCA 19-031

CLASSIFICATION: #16. EXECUTIVE BRANCH

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING MCNCA TITLE 16

CHAPTER 11, ENTITLED “MVSKOKE MEDIA” AND CREATING A NEW LAW,

ENTITLED “SHIELD ACT”

Be it enacted by the National Council of the Muscogee (Creek) Nation:

SECTION ONE. AMENDMENT. These amendments shall be codified in Title 16,

Chapter 11, of the Code of Laws of the Muscogee (Creek) Nation; provided that for

purposes of codification of said amendment and its inclusion in pocket parts of the Code

of Laws of the Muscogee (Creek) Nation, the Attorney General is hereby authorized:

(1) to approve any changes related to the manner in which sections, articles, chapters

and sub-chapters are designated consistent with the format in the Code of Laws

published in 2010 by West Publishing Company; (2) to include footnoted references to

the legislative history in said pocket parts to the Code of Laws and (3) to note in said

pocket parts any editorial correction of minor clerical or grammatical errors in the

following amendment, without further National Council approval:

§ 11-101. Mvskoke Media.

Mvskoke Media;shall_ be independent from_political influence _in_ its editorial

content (Mvskoke News, Mvskoke Radio and Mvskoke Vision). All editorial

content and review shall be at the discretion of the Mvskoke Media Managing

Editor _and_ Editorial Board, only. Mvskoke Media financial oversight and

budgeting shall be a coordinated effort between the Mvskoke Media Director

under the-cirection-ofand the Secretary of the Nation and Commerce, 7 Shalt consist of

Media wills hall also include support staff, such as, administrative and IT staff.

§ 11-102. Advertising Policy.

A. Mvskoke Media is authorized to accept commercial display advertising

from chartered communities of the tribe, individual businesses owned by enrolled tribal

citizens and other businesses that wish to direct advertising to the outlet’s readers,

viewers and listeners. All news reported shall adhere to the standards of accepted

ethics of journalism as defined by the Society of Professional Journalists, as well

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NCA 19-031

as attempt to reconcile those ethics with the customs and traditions of Muscogee

(Creek) people.

B. Mvskoke Media is authorized to accept political advertising that conforms

to policy and procedure set forth by the Secretary of the Nation and Commerce.

C. The Mvskoke Media staff shall not, directly or indirectly, solicit,

receive or in any manner be concerned in soliciting or receiving any assessment,

subscription or any contribution for any political organization, candidacy or other

political purpose. The Mvskoke Media Staff shall not participate in any political

campaign or be involved in any tribal political activity, except to exercise his or

her right as a citizen to express his or her.individual opinion and cast his or her

right to vote.

D. Mvskoke Media broadcasts and publications shall not be considered

an official capacity of Muscogee (Creek) Nation and_ shall not _include the

Muscoqgee (Creek) Nation official Seal on any materials.

§ 11-1043. Access.

All reporters, radio and video crews are allowed access to tribal complex and Muscogee

(Creek) Nation facilities.

§ 11-1054. Creative Rights.

Mvskoke Media shall retain the rights to previously produced media, including but not

limited to, written, visual or audio creations and interviews.

§ 11-105. Editorial Board.

The Editorial Board shall consist of three (3) members, of which at least two (2)

members shall be enrolled Muscogee (Creek) citizens or citizens of another

federally recognized tribe if qualified Muscogee (Creek) citizens are not available.

A. One (1) member of the Board shall be selected by the Principal Chief

and One (1) member to be selected by the National Council. The third member of

the Board will be selected by the members of the Board. Two (2) Editorial Board

members shall constitute a quorum to perform reviews of editorial content.

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B. The term of the board members shall be three (3) years and shall

have no holdover. The board members’ terms shall be staggered to guarantee

Board continuity.

C. One member shall serve as Chairman, one member to serve as Vice-

- Chairman and one member to serve as Secretary. Board Members shall

designate, amongst themselves, said officers.

D. To be eligible to serve on the Board, a person must:

1. be at least 25 years of age

2. one board member must have a background in Tribal law;

3. two board members must have experience in the journalism

field, either as management, operations, editorial staff or

reporting experience

4. one board member must have a bachelor’s degree or higher in

journalism or a related field:

5. be of good character and have a reputation of integrity;

6. be physically able to carry out the duties of office, with or

without reasonable accommodations; and

7. certify he or she will adhere to the standards of accepted

ethics of journalism as defined by the Society of Professional

Journalist, as well as attempt to reconcile those ethics with the

customs, traditions and protection of the Muscogee (Creek)

people and its government.

E. Board Members shall serve their terms of office free from_political

influence from any governmental branch of the Muscogee (Creek) Nation or any

department or entity of the Muscogee (Creek) Nation and may only be removed

for cause subject to Title 31.

F. The board members will only meet _when_requested to review

editorial content. Reviewing of editorial content will be at the discretion of the

Mvskoke Media Managing Editor and Editorial Board, and Board Members shall

work with the Mvskoke Media Managing Editor to ensure any reviewed content

meets submission deadlines. Board members will not receive _a stipend. The

board members shall be provided _reimbursement_of reasonable expenses

(mileage and $50.00 per meeting, not to exceed two meetings a month) in regard

to their duties.

G. No member of the board shall, directly or indirectly, solicit, receive or

in any manner be concerned _in_ soliciting or receiving any assessment,

subscription or contribution, for any organization, candidacy or other political

purpose. The board members shall not participate in any political campaign or be

involved in any tribal political activity, except to exercise his or her right as a

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NCA 19-031

citizen to express his or her individual opinion and cast his or her right to vote.

Nothing herein shall prevent political organizations or candidates from

purchasing advertisements in any medium operated by Mvskoke Media.

H. A_board member cannot work for the executive or legislative

branches, or Mvskoke Media.

lL. The deadline to have the Editorial Board in place shall be May 1,

2019.

§ 11-106. Powers and Duties.

The Editorial Board shall have the following powers and duties:

A. To establish and enforce an editorial policy that will be fair and

responsible in the reporting of general news, current events and issues_of

Muscogee (Creek) concern, including activities of the community, language,

culture, history and other subjects which will inform the Muscogee (Creek)

citizens about their government, tribe and culture.

B. To review departmental policies to ensure fairness and

professionalism in all department practices.

C. To hold public periodic meetings in order to conduct official

department business and policy review.

D. To provide a Quarterly Report to the Office of the Principal Chief and

the National Council describing the activities and accomplishments of Mvskoke

Media over the previous quarter.

SECTION TWO. NEWLAW. The following new law shall be codified in Title 16 of

the Code of Laws of the Muscogee (Creek) Nation; provided that for purposes of

codification of said new law and its inclusion in pocket parts for the Code of Laws of the

Muscogee (Creek) Nation, the Attorney General is hereby authorized: (1) to approve

any changes related to the manner in which sections, articles, chapters and subchapters are designated in this law in order to be consistent with the format in the Code

of Laws published in 2010 by West Publishing Company; (2) to include footnoted

references to the legislative history in said pocket parts to the Code of Laws; and (3) to

note in said pocket parts any editorial correction of minor clerical or grammatical errors

in the following new law.

SUBCHAPTER 2. SHIELD ACT

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NCA 19-0371

§ 11-201. Establishment.

The Shield Act is hereby established to affirm the independence of a free media in

the Muscogee (Creek) Nation by providing protection of journalistic sources and

information from disclosure in any Muscogee (Creek) Nation proceeding.

Definitions.

A. “Information” includes any written, oral or pictorial news or any

digital or tangible record.

B. “Journalist” means any person who is a reporter, photographer,

editor, commentator, journalist, correspondent, announcer, videographer, or

other individual regularly engaged in obtaining, writing, reviewing, editing, or

otherwise preparing news for any newspaper, periodical, press association,

newspaper syndicate, wire service, website, radio or television station, or other

news service. Any individual employed by any such news service in the

performance of any of the above-mentioned activities shall be deemed to be

regularly engaged in such activities. All Mvskoke Media editorial staff_ and the

Secretary of the Nation and Commerce shall be covered under this definition.

C. “Medium of communication” includes any newspaper, other

periodical, book, all forms of social media, pamphlet, website, podcast, news

service, wire service, news or feature syndicate, broadcast station or network,

cable television system, video, live stream, or other record.

D. “Mluscogee (Creek) Nation proceeding” includes any proceeding or

investigation before or by any judicial, legislative, executive or administrative

body within the Muscogee (Creek) Nation.

E. “Processing” includes compiling, storing and editing of information.

F. “Published information” means any information disseminated to the

public by the person from whom disclosure is sought.

G. “Unpublished information” includes information not disseminated to

the public by the person from whom disclosure is sought, whether or not related

information has been disseminated, and includes, but is not limited to, all notes, —

outtakes, photographs, video clips or other data_of_any type _not_ itself

disseminated to the public through a medium of communication, whether or not

published information based upon or related to such material has been

disseminated.

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NCA 19-031

§ 11-202. Journalistic Protections.

A. No journalist shall be required to disclose in a Muscogee (Creek)

Nation proceeding either:

1. The source of any published or unpublished_information

obtained in the gathering, receiving or processing of

information for any medium of communication to the public; or

2. Any unpublished information obtained or prepared in

gathering, receiving or processing of information for any

medium of communication to the public; unless the court finds

that the party seeking the information or identity has

established by clear and convincing evidence that such

information or identity is relevant to a significant issue in the

action and could not with due diligence be obtained by

alternate means.

B. This section does not apply with respect to the content or source of

allegedly defamatory information, in a civil action for defamation wherein the

defendant asserts a defense based on the content or source of such information.

SECTION THREE. AMENDMENT. These amendments shall be codified in Title 16 of

the Code of Laws of the Muscogee (Creek) Nation; provided that for purposes of

codification of said amendment and its inclusion in pocket parts of the Code of Laws of

the Muscogee (Creek) Nation, the Attorney General is hereby authorized: (1) to

approve any changes related to the manner in which sections, articles, chapters and

sub-chapters are designated consistent with the format in the Code of Laws published

in 2010 by West Publishing Company; (2) to include footnoted references to the

legislative history in said pocket parts to the Code of Laws and (3) to note in said pocket

parts any editorial correction of minor clerical or grammatical errors in the following

amendment, without further National Council approval:

§ 1-102

H. DEPARTMENT OF COMMERCE

Office of the Secretary of the Nation and Commerce

Uniform Commercial Code Management

Mvskoke Loan Fund/CDFI

Planning, Grants and Self-Governance

Contracting and Employment Support Office

Mvskoke Media

a---__Museegee Nation News

——_b.——__Native- News-TFeday

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NCA 19-031

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6. Public Relations

7. Tourism and Recreation

SECTION FOUR. EFFECTIVE DATE. This Act shall become effective immediately

upon proper approval and execution in accordance with the requirements of the

Muscogee (Creek) Nation Constitution.

ENACTED by the Muscogee (Creek) National Council on this 23 day of February,

2019.

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

”

Lucian Tiger Ill, Speaker

National Council

Muscogee (Creek) Nation

CERTIFICATION

|, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council co mprised of Sixteen members with Sixteen

members attending this meeting on the 23" day of February, 2019 and that the above

is in conformity with the provisions therein adopted by a vote of 14 in favor, 1 against

and that said Law has not been rescinded or amended in any way and the above is the

signature of the Speaker of the National Council.

Autti, Le (atl

Kristie A. Jackson, Rec ecofding Secretary

Muscogee (Creek) National Council

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NCA 19-031

APPROVAL

|, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature on this

day of ruarryz_, 2019 to the above Law, NCA 19-031 authorizing it to

become a Law under Article VI., Section VI., of the Constitution of the Muscogee

(Creek) Nation.

luscogee (Creek) Nation