The Chairman of the National Media Commission has promised the commission will follow due process to resolve the issue concerning the state broadcaster GBC without fear or favour. Below is the full statement from the NMC ADDRESS BY CHAIRMAN OF NATIONAL MEDIA COMMISSION, AMBASSADOR KABRAl BlAY-AMIHERE ON 1ST ANNIVERSARY OF 6TH COMMISSION It is not unconventional for institutions and individuals to mark and celebrate anniversaries with some kind of amusement packages, but instead of probably having a cocktail to celebrate the first anniversary of the 6th Commission of the National Media Commission we have chosen to organize this public forum with the kind support of the World Bank to collectively reflect on the role of the media and the NMC in Ghana's democracy. It is fit and proper we do so because Ghanaians in their millions have come to accept this truism that the very success or failure of Ghana's 4th Republic depends greatly on how the media goes about its business and are interested in how the body with oversight responsibilities over the media is faring. We intend in this presentation to focus on five key areas: 1. An Overview of the Mandate of the NMC 2. How the NMC has prosecuted this mandate 3. Challenges faced by the NMC 4. Threats to media freedoms and lastly; 5. Our Vision for the future. But before I do that let me use this occasion to pay tribute to all the men and women who made it possible for Ghana to emerge today as one of the countries in the world with an enviable free press. We owe it to their memories to protect and preserve this reputation. We equally owe a debt of gratitude to all past Chairmen and Members of the NMC (particularly Professor Kofi Kumado) the first Chairman of the NMC and his colleagues who at a very challenging time in the history of the NMC put in place structures to ensure that the vision of the makers of the 1992 Constitution will hold firm. It is the fine tradition and foundation they laid that all successive Commissions of the NMC have sought to build on. OVERVIEW OF THE MANDATE OF THE NATIONAL MEDIA COMMISSION It is important on an occasion like this for us all to remind ourselves about the mandate of the NMC which is captured under Article 167 of the 1992 Constitution: a. To promote and ensure the freedom and independence of the media for mass communication or information; b. To take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media (including the investigation) mediation and settlement of complaints made against or by the press or other media; c. To insulate the state-owned media from governmental control; d. To take measures to ensure that persons responsible for state-owned media afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions; e. To appoint in consultation with the President the chairmen and other members of the governing bodies of public corporations managing the state-owned media; f. To make regulations by constitutional instrument for the registration of newspapers and other publications. Except that the regulations shall not provide for the exercise of any direction or control over the professional functions of a person engaged in the production of newspapers or other means of mass communication; and g. To perform such other functions as may be prescribed by law not inconsistent with the Constitution. What this Commission and previous Commissions would say about the mandate of the NMC is that some of the functions are easy to fulfill whilst some are very difficult to pursue as I hope will be clear in this presentation. For instance there is virtually no financial provision for the NMC to fulfill its mandate (Article 167{b) of - "taking all appropriate measures to ensure the establishment and maintenance of high journalistic standards ...” But in spite of all the obstacles and difficulties, Ghanaians and media practitioners should every day thank God that we have the kind of provisions that are in Chapter 12 of the 1992 Constitution. Without those provisions and the establishment of a body like the NMC, Ghana's democracy will not be what it is today, the Pride of Africa. HOW HAS THE NMC PURSUED ITS OBJECTIVES? The makers of the 1992 Constitution were right when they proposed that the composition of the NMC should reflect the diversity and plurality of interests and stakeholders and so it is not by happenstance that the Executive (The President of the Republic of Ghana) has two representatives on the NMC, Parliament (three, two from the majority and one from the minority); two from the Ghana Journalists Association; and one each from the Publishers and Owners of the Private Press; the Association of Private Broadcasters; the Ghana Association of Writers and the Ghana Library Association; the Christian Group(the National Catholic Secretariat) the Christian Council and the Ghana Pentecostal Council); the Federation of Muslim Councils and Ahmadiyya Missions, Training Institutions of journalists and communicators; the Trade Union Congress, the Ghana Advertising Association and the Institute of Public Relations of Ghana; the Ghana National Association of Teachers and the National Council of Women Development respectively. I have gone this length to highlight the composition of the NMC to show its rainbow character and how all decisions taken by the NMC must reflect and in our tenure of office has reflected the broadness, richness and depth of our representation. What this means is that when decisions have been taken as was the case in the much-reported GBC affair, it has been through dialogue and consensus, guided always by Chapter 12 of the 1992 Constitution. Mindful and Conscious of the imperatives of the Constitution} this NMC has been guided by higher considerations of national interest and so we may be representing different constituencies we have used as our motif for work the promotion of a free and responsible press in Ghana. Chapter 12 of the 1992 Constitution is our Guide and Light. We have in the course of our first 12 months organized a series of stakeholders’ meeting with the four Boards of Directors of the State owned media, GBC, Graphic Communications Limited Ghanaian Times and the Ghana News Agency as well as the Executives of the Ghana Journalists Association and Private Newspapers Publishers Association of Ghana. These encounters have given us an insight into how to improve the governance structure of the state-owned media We also had a very successful meeting with the President of the Republics of Ghana, H.E. Professor Evans John Atta Mills. The meeting with the President enabled us to exchange with him our perspectives on how to promote a free and responsible press and also discuss the many problems confronting the media. At the international level we received two delegations from the Communications Commission of Kenya and the Higher Authority of Audio Visual Commission of Benin. Our discussions showed clearly the weaknesses of the NMC in its capacity, resource-wise, to perform efficiently the work of a regulatory body but on a more important note it became clear how Ghana continues to be a beacon of hope for good governance in Africa. Our counterparts were pleasantly enthused about how Ghana's Constitution by allowing media freedom, has improved the quality of our democracy in spite of the many concerns about infractions we all complain about. The NMC in this period of review issued several statements alerting the media about the dangers they posed to media freedoms by their lack of respect and non-adherence to the code of ethics of the profession. We warned in these statements the negative effects inherent in the emergence of pornography, hate speech and insults in the media long before it became a matter of concern at the highest level of the pulpit and other high places. It is important to stress here that the NMC in its mandate of “investigation, mediation and settlements of complaints against the media or by the press or any other media" faced some difficulties and frustration owing to the attitude of the media. The settlement process of the NMC depends on the goodwill of the complainant and the media whom a complaint has been alleged against to reach an amicable settlement. Sadly many editors and publications have refused to co-operate with the process. I have had occasion to advise and admonish journalists that their refusal to respect their code of ethics and display of a false sense of security and power under the Constitution will force the same society that granted them freedoms to roll back these media freedoms. The good news or bad news depending on how one will look at is that many journalists and members of the public have recommended openly and in memos to the Constitutional Review Commission that more restrictive measures against irresponsible journalism should be introduced, with the NMC given powers to ban and close down newspapers and FM stations. One suggestion that came out which should be totally rejected is the licensing of journalists and their publications. As will be pointed out later in the day, the NMC holds the view that Ghana's 1992 Constitution is good for media freedoms and free speech and is in consonance with universal conventions of freedom of expression. However the NMC has recommended to the CRC that proposals for any amendment must include the power of sanctions against deviant media to enable the NMC discharge its constitutional mandate effectively. And when that day comes, let journalists, media owners, serial callers and others realize that they brought wrath of society upon themselves. In consonance with the responsibilities conferred on us by the Constitution to appoint the Chairmen and Board of Governors of the state-owned media in consultation with the President we have in recent weeks been called upon to execute this task and accordingly appointed an Acting Managing Director for Graphic Communications Limited and only last week directed that the Director General of GBC, proceed on leave until further notice whilst the Chairman of the Board steps aside as Chairman and member of the Board in the interim. Furthermore a Combined Committee of the Finance and Administration and the Legal and Free Expression Committees of the NMC have been mandated to look at related governance issues as well as allegations and counter allegations from the Board of Directors, the Director General, the Executive Directors, the GBC Workers Union and some staff. Another Committee has been set up to look at issues involving a partnership agreement between GBC and a private company over the migration process from analogue to digital broadcasting. We are aware GBC in the last few days attracted public scrutiny and media commentaries but the Ghanaian public can be rest assured that the NMC will follow due process, with absolute respect for the principle of fairness and objectivity to resolve the issue without fear or favour. But let me quickly say that the kind of reportage about GBC and Graphic show how politicized and polarized Ghana has become. Many have reported on the matter without seeking the all time requirement of objectivity and fairness, by undertaking the simple task of crosschecking their information. Many FM stations have only sought sound bites through mere telephone calls, whilst some commentators on radio talk shows have only fuelled the perceived crisis at GBC with their political prejudices. Few have commented on the fact that GBC, which has lived with some of the challenges of today, has continued to perform its core duty of reporting the news as the station of the nation. We should commend the staff of GBC for showing such grace under pressure from all and sundry. CHALLENGES FACED BY NMC All of us gathered here must have grown up on the truism that TO THOSE MUCH IS GIVEN SO MUCH IS EQUALLY EXPECTED FROM. From recent developments on the media scene where many say that the NMC should be doing this and that to inject some sanity into the media, I am sorry to say that society should cease to expect so much from the NMC when it has given so little, practically nothing for the NMC to fulfill its mandate. We have on the media landscape about 150 FM stations, 10 IV stations and over 100 newspapers. FM stations are scattered all over the country and by our mandate we are expected to monitor and take appropriate measures to improve their standards. With what resources, one may ask. The Republic of Ghana in setting up the NMC with so many expectations 17 years ago never fully considered what it will take for the NMC to undertake such a gigantic task. We should have presence in all the 10 regions in Ghana but are today holed up in a very small ill-equipped unbefitting office in Accra. The NMC has a staff of about 22 officers most of whom are auxiliary with just four key officers-the Executive Secretary, Deputy Executive Secretary and two Research/Administrative Officers carrying the heavy burden of the NMC that the broad shoulders of a dozen Atlases cannot carry. The Chairman and Members of the NMC are by the kind dispensation of the Constitution and Article 71 of the Constitution expected to work like volunteers and philanthropists. The NMC must be one of the few institutions and probably the only governance institution where members attend meetings upon meetings with no support for their travel expenses. I think their reward must be in Heaven, so help them God but there is no doubt in our minds that office space, staff strength and conditions for staff and Commissioners as they exist today are not the best of conditions for results. Our financial position does not make it possible for us to organize in collaboration with other media stake-holders workshops and seminars as well as the publication of relevant books on media issues. THREATS TO MEDIA FREEDOMS In our first• 12 months in office, we have observed many insipid and incipient threats to media freedoms. 1. The first one comes from within the media itself-media irresponsibility and total disregard of ethics of the profession. Many editors, radio talk show hosts and presenters are abandoning their gate-keeping role and allowing all kinds of stuff on the airwaves and in the media. Hate speech, insults and pornography seem to have assumed respectability when they should be frowned upon. Sadly some media owners look on unconcerned oblivious of the negative effect of what comes through their media. It is not surprising therefore that the GJA identified this trend and creeping corruption which journalists lightly dismiss as "SOLI" at its 13th Awards Ceremony as a potential time-bomb for media freedoms. 2. The second serious threat derives from the extreme politicization and polarization of the media. Such is this trend that principles like objectivity, fairness and truth are thrown to the dogs and bulls. Talk shows are clouded with speakers and serial callers who see such platforms as campaign slots. Because the morning talk shows are so important, Ministers of State must find in spite of their heavy schedules to appear on them lest their shadows in the opposition gain undue advantage. There are several publications across the political divide, which are at best propaganda sheets and not newspapers. The paradox of the situation is that politicians who are behind these media are the most vocal in calling for good behavior among the media. It is pertinent to state that the spectre and scourge of politicization of the media is so pervasive and dominant that even media practitioners on the state-owned media who have been freed from governmental control and any other control by the Constitution and should derive their strength and direction from the Constitution and professionalism falsely and sadly believe in the old paradigm that every decision about the media, including their appointments and promotion, is from government. Let a vacancy occur in a state owned media, let a transfer be effected and journalists can be found seeking help from political godfathers whose interventionist role in the media has been terminated by the Constitution. 3. Let it also be mentioned that some state institutions in total disregard of the public pledge of the government of H.E. Professor John Evans Atta Mills not to do anything to muzzle the press by their actions are undermining the position of the government and open declaration of the people of Ghana for a free press. The Ghana Police Service has in the year of review created its own miracle by resurrecting an old law to put the fear of the Police in all those who are alleged to cause fear and panic in the country. We tell them that their actions are not good for Ghana’s reputation. 4. Of special mention and concern is the subtle attempt by the Serious Fraud Office now called the Economic and Organized Crime Office Fraud to use its powers to harass and intimidate key personnel of the media. As a Constitutional Body, we fully respect the right and powers of the EOCO, another creation of the state to investigate alleged corruption in the state owned media but that power should not constitute any impediment or intimidation of media nor create fear and panic among the media. Three Chief Executives of the state-owned media in the year under review have at various periods been the subject of investigation by that office. In two instances the EOCO requested that officers be interdicted without any evidence warranting such an administrative action. We have received complaints from the Chief Executive of New Times Corporation and the Board of the same corporation about what the corporation considers subtle attempts to intimidate the CEO based on anonymous letters directed firstly through the seat of government to the SFO. Like the proverbial Sword of Damocles, the long investigative hand of the SFO indirectly threatens the freedom of the press, particularly when they cause a stir in the media landscape without that decisive action that will determine the truthfulness of allegations made by faceless accusers. 5. Another threat to media freedoms lies in the dwindling resources of the media. The sad truth is that many of the private publications in Ghana and even the more established state owned media are suffering from low advertising revenue and dwindling circulation. The financial constraints of the private media in particular have considerable negative impact on their performance and standards. Challenges we have met, but our vision is to leave a legacy that will make the NMC what the makers of the constitution and the people of Ghana want it to be a credible and independent body that will ensure the freedom and independence of the Ghanaian media and a corresponding high sense of- social responsibility and media accountability by the media. In this regard we wish to undertake in the next two final years of our tenure of office, programmes that will truly improve journalistic standards in Ghana. We recognize too well that media responsibility is what will safeguard our new democracy and shall therefore put in place training programmes and a monitoring scheme for both the electronic and print media. We intend to open offices in Kumasi, Tamale, Takoradi and Ho by the end of next year as prototypes for penetration into all the remaining five regional capitals of Ghana. The NMC is in consultation with the Government of Ghana and hope to acquire new offices with a strengthened secretariat. It is important the NMC is supported to establish a functional office in Accra and in the regions in view of the expanded media landscape in Ghana. The NMC in this regard shall seek to recruit more technical staff and experts to meet the challenges of monitoring both the electronic and print media and promoting high professional standards. It is our hope that both the state and development partners in the international community will support the media, particularly the NMC if we are to preserve and protect our reputation as a model of free expression in Africa. We are happy to note that the European Union as part of its support for governance institutions in the country is playing a lead role in the establishment of a monitoring and training programme for the NMC ahead of the 2012 elections. The UNDP and the World Bank, who have supported this programme, are keen partners in our search for a responsible press but it behooves on the private sector of Ghana who is the greatest beneficiaries of Ghana's democracy and free media to protect their wealth and business by supporting the press through advertisement and direct support to the media. The NMC intends to also set up a Media Development Fund to support media development in Ghana through the government, the public and private sector can also contribute to media development. It is worthy to note here that in neighbouring Togo and Benin, the state supports media development. Togo last year voted USD 600,000 to support the private media. Benin also has an annual budget of the same amount from the state to support media training. But when all this has been done, it will still take a determined and definitive effort on the part of media practitioners and owners to ensure the freedom of the press through a high regard for media accountability. Although media is generally business driven by profit, it's survival in the long run must be driven by ethical considerations without which it cannot thrive to make profit. Where, for instance, were all the FM stations during a period in our history when the political climate did not allow media freedoms? Society and business are but prisoners and hostages when freedom is under siege, hence the need for all of us to defend media freedoms. We shall continue with our policy of engaging regularly with all media stakeholders and shall make this public forum an annual affair and also organise similar events periodically in all the 10 regions of Ghana to raise these issues. Finally, we repeat our seldom pledge to defend media freedoms and free expression and not end there but ensure that Ghana has a free and responsible press. SO HELP US GOD Source: myjoyonline.com/Ghana