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The Media Foundation for West Africa (MFWA) cautioned that no institution should wrongly claim the power to “run” the media and how to broadcast.
He said that the question of what and how media entities do their work is governed by professional codes and the ethics of the journalistic profession.
“Individual media organizations also have internal editorial policies that dictate what and how they produce and broadcast.
“Of course, this does not mean that the media can broadcast anything without regard to law and order, national security or the public interest,” he said in a statement Sunday.
His response comes after the National Communication Authority (NCA) warned all media outlets to act in accordance with the terms and conditions specified within the regulatory body.
According to the NCA, the continued existence of broadcasting operator licenses will depend on the degree of compliance with the regulations during the December electoral period.
But the Foundation disagrees with the Authority arguing that “on the basis of regulatory prudence as stated by law, that even if there should be a warning or advice to the media in this crucial period of electoral campaigns on content issues , that warning note should come from the non-political, independent, nonpartisan, constitutionally ordered National Media Commission and not from the NCA. “
Below is the MFWA statement
MFWA on NCA Guidelines for the Media
On Sunday, December 6, 2020, the National Communications Authority (NCA) issued a statement titled: “Directives for the radio and television station.” The statement warns the transmission frequency authorization holders of the terms of their authorization and threatens that “an infringement of the law, once established, will force the NCA to revoke or suspend the license or authorization of the radio station. or television for reasons of national security or public interest. “
The declaration further establishes that: “… the NCA advises all authorization holders to cease and desist from participating or participating in activities of any political party according to the established convention that prohibits political parties from participating in political activities or campaigns 24 hours before the elections to be held on December 7, 2020.
While the MFWA supports calls for media organizations to be professional and to act in ways that promote and consolidate peace in the country, we are quick to warn that no institution wrongly ascribes the power to “lead” the media in Ghana on what and how to broadcast.
The question of what and how the media do their job is governed by the professional codes and ethics of the journalistic profession.
Individual media organizations also have internal editorial policies that dictate what and how they produce and broadcast.
Of course, this does not mean that the media can broadcast anything without regard to law and order, national security, or the public interest.
We firmly believe, on the basis of regulatory prudence as stated by law, that even if a warning or advice should be given to the media in this crucial period of election campaigns on content issues, such a cautionary note must come from of the constitutional non-mandatory. -partisan, independent, apolitical National Media Commission and not the NCA.
In fact, unlike the NMC, the NCA cannot be said or considered as an independent body.
The NCA is under the direct and total control of the executive arm of the government.
As provided for in Sections 6, 16 and 17 of the National Communications Authority Act 2008 (769), the President of Ghana appoints the Governing Board, the Director General and the Deputy Directors General of the NCA.
In addition, according to the provisions of Section 14 (1) of Law 769: “The Minister may give written directives to the Board on policy matters and the Board must comply.”
And in fact, one of the functions of the NCA as stated in Section 3 (1) of Law 769 is: to ensure the systematic implementation of the Minister’s policy directives.
Given the NCA’s subordination to the Executive, any attempt on its part to appropriate the powers and functions of the independent NMC in regulating the media is certainly very worrying.
We do not underestimate how unscrupulous people might use the media in ways that could undermine national security and the public interest.
However, we are also aware of how governments in Africa and around the world have arbitrarily shut down key media organizations on many occasions under the pretext of national security and public interest concerns.
When choosing to rely on the Electronic Communications Act of 2008 (Law 775) to issue the Directives to radio and television stations, the NCA must also take note of Section 2 (9) of the same Law 775, which advises that : “In the exercise of its mandate, the Authority will pay special attention to the provisions of Chapter 12 of the Constitution.”
For the avoidance of doubt, Chapter 12 of the 1992 Ghana Constitution establishes the independent National Media Commission (NMC) under article 166. The constitution obliges the NMC to take all appropriate measures to ensure the highest journalistic standards in the media, “including the investigation, mediation and resolution of complaints filed against or by the press or other media.” The Constitution did not say that the NCA will perform this role during elections.
The same Constitution stipulates that there will be no censorship in Ghana and further states that publishers and publishers will not be subject to government control or interference and will not be harassed or penalized for their editorial opinions and views.
In order to continue to protect and defend the constitutional guarantees of the freedom of the media, and also to ensure the regulation of the media in a manner consistent with the constitution and democratic order, the MFWA urges the NMC to enforce fully its authority in these critical moments and actively carry out its functions as an independent media regulator in the country.
We urge the media to continue to play their critical surveillance role professionally. The media must monitor the electoral process, report errors that may violate national security and public order, and allow the public to have access to truthful and accurate information.
The media should not try to please anyone or any group. They should simply serve the public interest by adhering to the fundamental principles and ethics of the profession.
Published by the Media Foundation for West Africa
32 Otele Avenue
East Legon
Accra
December 6, 2017.
