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General news for Tuesday, March 16, 2021
Source: West Africa Media Foundation
2021-03-16
Executive Director of MFWA, Sulemana Braimah
In what may be the first court case since the entry into force of Ghana’s Right to Information Act (RTI), the Media Foundation for West Africa (MFWA) has filed a lawsuit in Accra High Court against the regulator of Ghana’s media frequency, the National Communications Authority. (NCA).
On July 22, 2020, the MFWA, through its Executive Director, Sulemana Braimah, submitted a request for access to information to the NCA, in exercise of the rights guaranteed by Article 21 (1) (f) of the Ghana Constitution of 1992 and by Ghana’s Right to Information Law, 2019 (Law 989).
The MFWA had asked the NCA for the complete list of all FM radio stations (indicating company name, radio station name, location and frequency number) that it had closed after the spectrum audit 2017 FM of the Authority which, according to the NCA, was in line with the 2018 decision of the Electronic Communications Court.
The MFWA had also requested the complete list of all authorized FM stations as of the second quarter of 2020, with indications of the dates of the first authorization, dates of the last authorization renewals, locations and operational status of the radio stations. , that is, if they are in the air or out of the air.
The MFWA also wanted to know the reasons why the NCA made changes to exclude certain information from its published report for the second quarter of 2020 entitled: “List of authorized VHF-FM radio stations in Ghana in the second quarter of 2020”, at compared to previous similar reports. issued by the Authority.
After acknowledging the MFWA letter, the NCA failed to provide the requested information within 14 legal days, prompting the former to send a follow-up letter on August 18, 2020.
The media regulator subsequently wrote two letters in response. In the first letter, he indicated that the Authority was not going to provide explanations on the changes it had made to its report. In the second letter, the regulator asked the MFWA to pay GHC 2,000 (USD 345) to allow it to generate the requested information. He said he based his action on his law, the Electronic Communications Act.
Convinced that the amount that the NCA is demanding is prohibitive and capable of setting a bad precedent, and a violation of the fundamental right of access to information, the MFWA decided to file a lawsuit, but this was after an appeal for review through of their lawyers. was ignored by the NCA.
The MFWA stated in the lawsuit that the NCA had acted “in an inconceivable, unjustifiable, unreasonable, unfair and arbitrary manner and in violation of specific provisions of Law 989 denounced in the lawsuit.”
Accordingly, the MFWA is praying to the Court for the following reparations;
A statement that the Respondent’s decision and claim contained in its denounced letters dated July 29, 2020 and August 20, 2020 are illegal, unreasonable, unfair and violate the Applicant’s constitutional and fundamental right to access information .
A statement that the amount of GHC 2,000 demanded by the Respondent from the Applicant to generate the information constitutes a constructive denial, rejection, failure or negligence and a violation of the Applicant’s right to information under Article 21 (1) (f) of the 1992 Constitution of Ghana
A statement that the amount demanded is not only illegal but is inordinately exorbitant in violation of the letter and spirit of Law 989 and the fundamental information rights of the Applicant.
A statement that the information requested by the Applicant is not subject to a charge / fee; or in the alternative,
A statement that if the Applicant is subject to a charge / fee, it should be a determinable amount to cover the actual cost of reproduction or photocopying of the requested information only.
The MFWA is also seeking an Order from the Court to enforce its rights to information under Article 21 (1) (f) of the Constitution by obliging the Respondent to provide the requested information.
The case, which was filed on November 27, 2020, was scheduled to be heard for the first time today (March 15, 2020), but was postponed until March 31, 2021 because the Human Rights Tribunal 1 did not meet. today.
