08 – 11 – 2002: - Don't prejudice discussions on draft Legislative Instruments GJA boss
06 – 11 – 2002: - Journalists cry foul over new regulations
06 – 11 – 2002: - Media Commission says instrument is constitutional
05 – 11 – 2002: - NPP now feeling the heat
Accra (Greater Accra)
07 November 2002- The Ghana Journalists Association (GJA) on Thursday urged
media practitioners to be circumspect about discussions on draft Legislative
Instruments (LIs) on the media.
This is in order not
to prejudice the discussions it had with other stakeholders on the three draft
LIs on Newspaper Registration, Publication of Rejoinders and Broadcasting
Standards.
An official statement
signed by Mrs Gifty Affenyi-Dadzie, President of GJA, said the Association has
began serious and frank discussions with representatives of the Minister of
Information and Presidential Affairs, the Attorney General and the National
Media Commission (NMC) on the issue.
The statement said all
sides emphasised the need to protect and defend media freedoms enshrined in the
Constitution and also agreed to expand the frontiers of free expression in a
manner consistent with the laws of the Republic and with the protection of the
rights and reputations of individual citizens.
It said the meeting
took recognisance of the constitutional obligation of the NMC to act in defence
of free expression without external control and direction.
"The
representatives are looking at the draft legislation with a view to ensuring
that the provisions of the Constitution on free expression are upheld in a
manner that also affords due protection to members of the public.
"In the light of
the on-going discussions, the GJA urges all media practitioners to be
circumspect in order not to prejudice the discussions.
The drafts of the
proposed legislation have not as yet been laid before Parliament," it
added.
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Accra (Greater Accra) 06 November 2002 - The Ghana Journalists Association (GJA) has described the three proposed regulations by the National Media Commission (NMC) in their present form, as a threat to the independence and freedom of the media and the development of democracy generally.
It has, accordingly, asked the NMC’s to withdraw the three legislative instruments and subject them to discussions with stakeholders and experts so as to streamline them in compliance with provisions of the Constitution.
Gifty Afenyi-Dadzie, President of the GJA who was reacting to the proposed regulations in an interview, said whatever emerges after the discussions should then be regarded as either standards, guidelines or regulations which should seek to promote and ensure the independence of the media in conformity with provisions of the Constitution.
She said the GJA takes exception to sections of the regulations which criminalises the non-compliance of the regulations and, therefore, said they are an attempt to control and direct the media. “Any law which attempts to criminalise non-compliance is unconstitutional and could also be used as a vehicle to control and direct the media,” she stated.
She conceded that although the Constitution defines the regulatory powers of the NMC in terms of registration, the power is limited and does not include the manner that will direct or control the production of a newspaper.
Afenyi-Dadzie described the process for registration and renewal as burdensome, inconvenient and onerous. She said some of the information required such as circulation and analysis of information being submitted to the NMC is unwarranted and that if the NMC needs it, it should conduct research to gather its information.
On rejoinders, she said the NMC does not have the power to make regulation let alone put it as it is in its present form. The GJA President said there are avenues for redress in the Constitution and this should be encouraged and asked that no one should criminalise non-compliance.
“If you look at the substance of the regulations, they amount to control, direction and interference and they also seek to criminalise certain actions or inactions,” she stated. Afenyi-Dadzie said her association sees the regulation on broadcasting standards as amounting to prior censorship because it seeks to tell practitioners what to do, how to do it and what not to do. – Daily Graphic
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Accra (Greater Accra) 06 November 2002 - The National Media Commission (NMC) has stated that its moves to enact three Legislative Instruments (LI) are meant to improve journalistic practice and not an attempt to gag the press.
Yaw Boadu-Ayeboafoh, the Executive Secretary of the NMC, said the step is only to give meaning to provisions in the 1992 Constitution.
In an interview in Accra on Tuesday, he made it clear that the government has no hand in the proposed legislations and gave the assurance that the NMC will never mortgage its authority to any other body or individual in the discharge of its duties.
Reacting to concerns by a section of journalists about the LIs being a form of censorship in disguise, Boadu-Ayeboafoh said the NMC would be the last organisation that will seek to control or gag the media.
The NMC in September this year submitted three LIs on rejoinders, newspaper and publication registration and broadcasting standards to the Attorney General’s Office for the necessary action.
On the LI for Rejoinders, the NMC proposes time limits for the publicisation of rejoinders and how they should be carried.
The LI on Newspaper and Publication Registration requires, among other things, any newspaper or publication printed in the country or imported be registered with the commission by its proprietor. It also requires applications for registrations to be accompanied by detailed curriculum vitae of the editor, publisher and owner of the newspaper and also prescribes punishment for non-compliance to the LI.
The LI on Broadcasting Standards calls for local programmes and promotion of the development of a national identity. It advises against indecency, incitement to ethnic, religious or sectional disaffection and hatred and that an operator of a broadcast station shall ensure that every presenter and participant in a programme has a good command of the language in which the programme is broadcast.
Boadu-Ayeboafoh said the NMC will also never pander to the whims and caprices of any authority or individual “but will continue to asset its authority to safeguard the interest of the public as a whole.”
Throwing more light on the various LIs, Boadu-Ayeboafoh said Article 162 (6) of the 1992 Constitution provides for a mandatory rejoinder and explained that the LI is to provide the basis for it.
He noted that whereas many journalists have used their media to react to unpleasant issues about themselves, “people without such medium often find it difficult to have their rejoinders even published.”
On registration of newspapers and publications, Boadu-Ayeboafoh said Article 167 (d) of the Constitution is clear on registration of media publications but said asking for the CVs of the editors, publishers and owners has nothing to do with censorship of the media.
He said there is a vast difference between licensing and registration and, therefore, urged media practitioners not to confuse the two. “One can be refused licence and that will mean one cannot operate but no one can be refused a registration,” he explained.
He said the public has the right to also know the backgrounds of editors, publishers and owners of newspapers and that the NMC serves as a place which such information could be accessed. He said if the NMC were asking for specific qualifications or qualities of the editors, publishers and owners, “one can say we are trying to gag the press.”
The NMC Executive Secretary said there is nothing wrong also with the demand that media organisations should submit their circulation figures to the NMC and made it clear that it is the credibility of newspapers that influence advertisement. “If journalists want the public the public to know the cost of printing money, what is wrong with the public wanting to about the circulation figures of the various media organisations,” he queried.
Boadu-Ayeboafoh said it is also important that the various media organisations inform the NMC of changes that take place so that the commission will be abreast of such changes. He said the LIs are not about freedom of expression but about business, adding, “the work of the journalist does not factor into the regulations.” He therefore, described comparison of the LIs and the Criminal Libel Law as wrong.
He said censorship predates publication and therefore, submitting anything that comes out to the commission cannot be said to be censorship, stressing that, “as of now, those who recognise our job send us copies.”
On the broadcasting standards, Boadu-Ayeboafoh said the document was developed by broadcasters themselves after a two-year countrywide discussion. He reiterated the commitment of the NMC to assert its independence and uphold freedom of expression in the country, adding, “the NMC will be the last to control the media.” – Daily Graphic
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Accra (Greater Accra) 05 November 2002 - The New Patriotic Party (NPP) government, cornered by a section of the media, with ‘hot’ criticisms against its non-performance has turned round to initiate moves to control the press, in general.
The move follows hot exchanges among government members, many of whom are blaming the Attorney-General for hurriedly repealing the Criminal Libel Law and thus giving the press a wider scope for operation.
Steps already taken to curb press freedom include the changes made at the state media houses, where journalists, suspected of being too “independent-minded” are being either “diplomatically” thrown out or technically rendered dysfunctional.
The affected places include the Daily Graphic, the New Times Corporation, the Ghana Broadcasting Corporation and the Ghana News Agency, where political-reshuffling exercise is being conducted on the quiet.
The next move is the initiation of a new law, which, will in effect, re-introduce the “Newspaper Licensing Law,” in another form. The law, if enacted, will be operated by the National Media Commission (NMC).
According to new proposals in a Legislative Instrument being put in shape at the Attorney-General’s Office, publishers would be requested to submit such information that would place them at the mercy of the NMC.
For instance, in applying for the registration of a newspaper, the commission would require “detailed curriculum vitae of the editor, publisher and owner of the paper.” Of more concern is the provision, which makes offences under the new law, punishable by jail terms, in cases, which can even be less serious than the repealed Criminal Libel Law.
Under the Newspaper Licences Act, there were no such “jail penalties.” Observers have also noted, with concern the powers being granted the NMC, which can be used to withdraw or cancel the licences of some perceived “anti-government” newspapers. – Ghana Palaver
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