GIBA accuses NMC of bringing back criminal libel law
The Ghana Independent Broadcasters Association (GIBA) has expressed concerns about a new legislation that seeks to control media content by the National Media Commission (NMC).
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According to GIBA, the introduction of the new law was an attempt to re-introduce the criminal libel law through the “back door” even though it had been repealed.
Under the new Legislative Instrument (LI 2224), which was passed by Parliament on December 9, 2015, with the aim of enabling the NMC to sanitise the airwaves, radio and television stations risk closure if they contravene the law.
The law allows the NMC to establish and maintain standards in the distribution of content of public electronic communication and broadcasting services.
It also gives the NMC powers to grant content authorisation to an operator or revoke same, if an operator contravenes the regulations.
Responding to the new law, President of GIBA, Mr Akwasi Agyemang said an aspect of the law was an attempt to reintroduce the criminal libel law which was repealed.
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“Aspects of the regulation contradict the constitution of Ghana that is why we are fighting against it. If you take regulations 3(1) and 3 (2), the NMC granting authorization for content whereas the constitution in Article I62 says there shall be no impediment in free press, free media, so that is one thing we are asking the NMC to look at. But we haven’t ended there, we are going to the Supreme Court for interpretation.”
“If you look at the penalties that you have, if somebody goes contrary to regulation 3(1), you could be fined or end up in prison. But we are all aware of the criminal libel law which was taken out, why is that they are trying to bring it back through the back door?”
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Mr Agyemang said they have been engaging the NMC and they will make sure that they follow it to its logical conclusion.
“We wrote to the NMC last week, copied the Parliamentary Select Committee on subsidiary legislation and communication and legal and parliamentary affairs to draw attention to aspects of the LI that does not sit well with the constitution,” he said.
Before the new law was passed, some Ghanaians had expressed concerns about the media, especially, the weaknesses in the regulatory framework for broadcasting in Ghana.
Hence the Executive Secretary of the NMC, Mr George Sarpong, explained the new law was to ensure that distributors of content employed minimum standards in their work.
“What the law says is that everybody carrying content in electronic communication must abide by certain minimum standards for professional performance. It completely changes the media environment in the sense that it gives legislative powers to the NMC to do its work and to enhance professionalism in broadcast,” he said.