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GJA reacts to Judicial Service statement to media houses

BY: Getrude Ankah Nyavi
Roland Affail Monney
Roland Affail Monney

The Ghana Journalists Association (GJA) has reacted to the statement by the Judicial Service of Ghana that advised the media to be measured in the reportage on the ongoing 2020 presidential election petition.

The Service is particularly concerned about what it described as hateful, spiteful and offensive statements against the seven Justices of the Supreme Court hearing the petition.

It said apart from undermining the administration of justice, any hateful statements targeted towards a judge must be treated seriously owing to the history of this country where three judges were abducted and murdered years ago.

The warning addressed to some specific media houses was contained in a statement released by the solicitors for the service, [email protected], and signed by its managing partner, Mr Thaddeus Sory.

Read also: Don’t undermine our work - Judicial Service to some media houses

But reacting at a press conference in Accra on Monday [March 1, 2021], the President of the GJA, Mr Roland Affail Monney, said the “Judiciary is not immune from criticism”.

He described the statement by the judicial Service as “scandalous which is a threat to media freedom in Ghana”.

Below is a copy of the statement from the GJA

STATEMENT BY GJA PRESIDENT, AFFAIL MONNEY, AT A PRESS CONFERENCE HELD AT THE GHANA INTERNATIONAL PRESS CENTRE ON MONDAY, MARCH 1, 2021, IN REACTION TO THREATS AGAINST THE MEDIA BY THE JUDICIAL SERVICE

Good morning, members of the GJA National Executive, our distinguished menbers, ladies and gentlemen. 

A special welcome to senior members and veterans of our profession who have joined us at the Ghana International Press Centre, the citadel of press freedom and free expression as well as a  bastion of our democracy.

This hurriedly convened press conference has been triggered by a statement by the Judicial Service in which it ordered the media to “ immediately pull down “ from their platforms “ statements and speeches which convey , and / or insinuate hateful, spiteful, vengeful, incendiary communication against justices of the Supreme Court, especially, those hearing the election petition. Furthermore, the media must prevent the publication of such statements and speeches. The Judicial Service then threatened to take , what it called , “ appropriate action to ensure that the media do not abuse the right to free speech.” 

Ladies and gentlemen of the media. The  GJA is, to put it mildly, dumbstruck in reading this obnoxious directive pregnant with insidious threats to media freedom in Ghana which is touted as a land of freedom and justice. With all due respect, this is scandalous. 

Unsurprisingly, our telephones have been flooded with calls, both local and international , from journalists, media watch organisations, defenders of press freedom and free expression, seeking to know what exactly was happening since that contentious statement by the Judicial Service was issued.

It is universally acknowledged that media right is not absolute , but  qualified. And legal experts teach us that such qualification must chime with the dictates of the law, due process , and must be exercised in such ways as to achieve legitimate aims and objectives. 

In crafting the scandalous statement, the GJA is principally of the view that the Judicial Service ought to have avoided any impression or situation that has the tendency to instill fear and promote a culture of silence into which Ghana had been enveloped during the period of autocratic misrule. 

Criticism , they say , is a gift which all arms of government need. So it will be miscarriage of fairness to deny the Judiciary that gift. Ann Landers once said “ the naked truth is better than a well dressed lie. “  Contextually, the naked truth is that the Judicial is not immune from criticism. However, that criticism must be done in a manner that does not bring the administration of justice into disrepute. To this end, the GJA urges the media community to be calm , and not to be led into temptation to scandalize the court with unhinged comments or verbal stones , no matter how provocative the statement of the Judicial Service might be. 

The GJA will like to remind its members that far from acting on the basis of any threat or intimidation to “immediately pull down” from their platforms as requested, the media should rather act in the spirit of the GJA Code of Ethics that says “A journalist corrects inaccuracies and mistakes at the earliest opportunity and offers a chance for a rejoinder and/or an apology as appropriate”.

It is lodged in our memory that the Judiciary has the power to commit any erring journalist or media house for contempt, using of course, acceptable protocols, and appropriate mechanisms . What they should not consider at all in this context is any unprecedented or antiquated method which smacks of censorship, intimidation,  or resuscitation of the culture of silence which can spell unthinkable socio- political consequences .  The GJA is plainly of the view that the threats by the Judicial Service against the media defy logic and are tantamount to an unwarranted assault on all the tenets of of freedom of speech and freedom of the media as guaranteed by the 1992 Constitution. 

If not reversed immediately, the ill- advised , ill- timed, ill- crafted and ill- issued statement by the Judiciary can provoke a tsunamic backlash, lower the dignity of the court in the eyes of freedom lovers and critical citizens, pollute the media environment , undermine our impressive media rankings globally and dim the beacon of our democracy. 
Long Live Media Freedom 
Long Live Media Independence 
Long Live Ghana.