Supreme Court to decide if gov’t can set conditions for free-to-air TV

The Supreme Court is set to deliver judgment on whether the state can set conditions for access to free-to-air TV broadcast.

Judgment day is June 23, 2020, in a case filed by the Ghana Independent Broadcasters Association (GIBA) against the National Communications Authority.

GIBA sued in January 2020, decrying an attempt by the state regulator in breach of the media freedom, protected under Article 162 clause 3 of the 1992 Constitution.

Article 162 (3) stipulates that “There shall be no impediments to the establishment of private press or media…..”

Joined to the writ as defendants is the Attorney–General (A-G).

After almost six months of hearing a panel presided over by Chief Justice, Anin Yeboah said it will give it ruling on the matter which could decide the fate of scores of free to air television stations in the country.

GIBA, early this year dragged the NCA and the AG’s Department to court over the communications authority’s decision to introduce conditional access to free-to-air TV broadcast as a breach of the right to free press enshrined in the 1992 Constitution.

In its writ,  GIBA demanded that the court declares as null and void the Conditional Access System introduced by the government.

Introducing the system meant that the government would block free-to-air media contents unless media owners met certain criteria.

That, according to the GIBA observed, constituted an unnecessary restraint on the establishment and operation of private media as enshrined in the 1992 Constitution.

When the case was called, lawyers for the broadcasters asked to amend a motion before the court, but the court dismissed it.

The court also averred that the parties failed to comply with the directive of the court to file joint memoranda of issues that would have set the path for adjudication.

The court, however, took the decision to merge the issues and adjourned the case to June 23 to deliver its ruling.