Freedom in safety
Arku Jasmine
Features
It is necessary that while drawing lessons from others, we build on our uniqueness to enable us to appreciate the value and worth of our own practices. Which means that next time we attend speech days, we would recognise scholarship, not just subjects, such that if those who excel in Mathematics, English, French, Political Science and Economics are applauded and recognised, those who excel in Twi, Fante, Ga, Akwapim, Ewe and the other native languages will equally be adored rather than booed.
That is why in our discussion of media freedom, safety and security, we have to situate things on our 1992 Constitution as the basic law of Ghana, although from time to time we have to draw lessons from elsewhere, since our world is now a global village.
The 1992 Constitution recognises that the media are capable of both good and evil and underlines the fact that freedom must be exercised responsibly (Article 41).
The constitutional obligations requiring balance between freedom and responsibility must be observed strictly if media freedom is to have meaning and contribute functionally to the growth of democracy. There can be no exercise of responsibility without freedom because anyone who acts without responsibility undermines freedom.
These considerations might have informed our constitution to guide our people to make provisions that seek to defend democracy and with that assure ourselves of an accountable and transparent government and the enjoyment of fundamental human rights.
Media freedom serves as a bulwark against corrupt and oppressive governments and institutions, defenders of fundamental rights of the people, protect and safeguards the rule of law. These are the only means to give function and form to democracy to make the concept relevant and meaningful to the freedom of the people.
It has been established that freedom promotes socially approving ways of conduct and attitudes. The same cannot be said of forced compliance where the individuals have no scruples for their actions or in dissociating themselves without feeling any sense of guilt.
We must all recognise that freedom of expression and the media are essential to democracy. Freedom of thought and opinion is a cherished human right and value next only to life itself as thought remains useless until it is freely expressed.
In an environment of restrictions on information flow, the people cannot hold their leaders accountable, because they would not know what is happening or the basis to do the evaluation. This could lead to the breakdown of morality.
But people need to be empowered to enable them to contribute to national development. That was what was summed up when John Stuart Mills stated in his Treatise on Liberty that, “a state which dwarfs its men in order that they may be more docile instruments in its hands, even for beneficial purposes, will find that with small men, no great thing can really be accomplished.”
With the issue of safety and security, especially in the face of interference from the police and military, it is imperative for all to agree and accept that the same constitution that established the Ghana Police Service and the Armed Forces guaranteed media freedom.
Article 200 (1) and (3) established the Police Service of Ghana and defined its role as, “The Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order,” whilst Article 210 (1) and (3) provides that, “there shall be the Armed Forces of Ghana which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by Parliament,” and that “the Armed Forces shall be equipped and maintained to perform their role of defence of Ghana as well as such other functions for the development of Ghana as the President may determine.”
The Constitution further enjoins Ghanaians, including journalists and the media, under Article 41 (i) that, “the exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to cooperate with lawful agencies in the maintenance of law and order.”
The Constitution, under Article 162, guarantees media freedom and provides that “Editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by government, nor shall they be penalised or harassed for their editorial opinions and views, or the content of their publications.”
Article 21 also provides, among other, things that “all persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media” as well as “freedom of information subject to such qualifications and laws as are necessary in a democratic society”.
Beyond all these is the clear mandate to the media under Article 162 (5) that “all agencies of the mass media shall at all times be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the government to the people of Ghana.”
Therefore, for whatever reasons, neither the police nor the military can apply force on the media and stop them from covering any function or public event. There would be the need for cooperation, sharing of insights, understanding and dialogue.
However, the national interest will be better served through rational discussions, plausible arguments and mutual respect.
This is an edited version of speech presented last week at the celebration of World Press Freedom Day by the Eastern Region Chapter of the Ghana Journalists Association at the Regional Coordinating Council Conference Hall at Koforidua on the theme: Safe to Speak: Freedom of Expression in All Media.
That is why in our discussion of media freedom, safety and security, we have to situate things on our 1992 Constitution as the basic law of Ghana, although from time to time we have to draw lessons from elsewhere, since our world is now a global village.
The 1992 Constitution recognises that the media are capable of both good and evil and underlines the fact that freedom must be exercised responsibly (Article 41).
The constitutional obligations requiring balance between freedom and responsibility must be observed strictly if media freedom is to have meaning and contribute functionally to the growth of democracy. There can be no exercise of responsibility without freedom because anyone who acts without responsibility undermines freedom.
These considerations might have informed our constitution to guide our people to make provisions that seek to defend democracy and with that assure ourselves of an accountable and transparent government and the enjoyment of fundamental human rights.
Media freedom serves as a bulwark against corrupt and oppressive governments and institutions, defenders of fundamental rights of the people, protect and safeguards the rule of law. These are the only means to give function and form to democracy to make the concept relevant and meaningful to the freedom of the people.
It has been established that freedom promotes socially approving ways of conduct and attitudes. The same cannot be said of forced compliance where the individuals have no scruples for their actions or in dissociating themselves without feeling any sense of guilt.
We must all recognise that freedom of expression and the media are essential to democracy. Freedom of thought and opinion is a cherished human right and value next only to life itself as thought remains useless until it is freely expressed.
In an environment of restrictions on information flow, the people cannot hold their leaders accountable, because they would not know what is happening or the basis to do the evaluation. This could lead to the breakdown of morality.
But people need to be empowered to enable them to contribute to national development. That was what was summed up when John Stuart Mills stated in his Treatise on Liberty that, “a state which dwarfs its men in order that they may be more docile instruments in its hands, even for beneficial purposes, will find that with small men, no great thing can really be accomplished.”
With the issue of safety and security, especially in the face of interference from the police and military, it is imperative for all to agree and accept that the same constitution that established the Ghana Police Service and the Armed Forces guaranteed media freedom.
Article 200 (1) and (3) established the Police Service of Ghana and defined its role as, “The Police Service shall be equipped and maintained to perform its traditional role of maintaining law and order,” whilst Article 210 (1) and (3) provides that, “there shall be the Armed Forces of Ghana which shall consist of the Army, the Navy and the Air Force and such other services for which provision is made by Parliament,” and that “the Armed Forces shall be equipped and maintained to perform their role of defence of Ghana as well as such other functions for the development of Ghana as the President may determine.”
The Constitution further enjoins Ghanaians, including journalists and the media, under Article 41 (i) that, “the exercise and enjoyment of rights and freedoms is inseparable from the performance of duties and obligations, and accordingly, it shall be the duty of every citizen to cooperate with lawful agencies in the maintenance of law and order.”
The Constitution, under Article 162, guarantees media freedom and provides that “Editors and publishers of newspapers and other institutions of the mass media shall not be subject to control or interference by government, nor shall they be penalised or harassed for their editorial opinions and views, or the content of their publications.”
Article 21 also provides, among other, things that “all persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media” as well as “freedom of information subject to such qualifications and laws as are necessary in a democratic society”.
Beyond all these is the clear mandate to the media under Article 162 (5) that “all agencies of the mass media shall at all times be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the government to the people of Ghana.”
Therefore, for whatever reasons, neither the police nor the military can apply force on the media and stop them from covering any function or public event. There would be the need for cooperation, sharing of insights, understanding and dialogue.
However, the national interest will be better served through rational discussions, plausible arguments and mutual respect.
This is an edited version of speech presented last week at the celebration of World Press Freedom Day by the Eastern Region Chapter of the Ghana Journalists Association at the Regional Coordinating Council Conference Hall at Koforidua on the theme: Safe to Speak: Freedom of Expression in All Media.
Article by Yaw Boadu-Ayeboafo
