Summarised below are the relevant provisions in the Constitution of the 4th Republic that have informed the fight against EXECUTIVE CONTROL Of Media Practice in Ghana.
These provisions formed the crux of the 25-year legal tussle between the operators of Radio Eye, led by Nana Akufo-Addo & Sheeyshey Akoto-Ampaw
Article 162 (3)
There shall be no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a licence as a prerequisite to the establishment or operation of a newspaper, journal or other media for mass communication or information.
Article 162 (4)
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 penalized or harassed for their editorial opinions and views, or the content of their publications.
Licence : Definition
a permit from an authority to own or use something, do a particular thing, or carry on a trade (especially in alcoholic drink).
"a gun licence"
permit, certificate, document, documentation, AUTHORISATION, warrant, voucher, diploma, imprimatur;
The Constitution shall be the supreme law of Ghana and any other law found to be inconsistent with any provision of this Constitution shall, to the extent of the
its inconsistency, be VOID.
Our position THEN & NOW, is that All provisions in the Electronic Communications Act 2008 (Act 77) that impose any requirement on media establishments to obtain A LICENCE as a prerequisite for operation is therefore VOID under Article 2. Also what the involvement of the NCA in Media matters is also VOID under Article 162 (4), as the NCA is an arm of GOVT
Thus surprising that The NCA ACTED AS IT HAS DONE UNDER THE Presidency of Nana Akufo-Addo
DR CHARLES WEREKO-BROBBY
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