GHANA INDEPENDENT BROADCASTERS ASSOCIATION vs. THE ATTORNEY GENERAL AND NATIONAL MEDIA COMMISSION

The Ghana Independent Broadcasters Association (GIBA), representing private broadcasters, challenged the constitutionality of certain provisions of the National Media Commission Content Standards Regulations, 2015 (L.I. 2224), particularly Regulations 3 to 12 and 22. These regulations required media operators to obtain prior content authorization from the National Media Commission before broadcasting, with criminal sanctions for non-compliance. GIBA contended that these provisions amounted to unconstitutional censorship and control over media freedom guaranteed under the 1992 Constitution, specifically Articles 162(1), 162(2), 162(4), 167(d), and 173. The defendants argued that the regulations were reasonable, necessary for public interest, and within the Commission's mandate to regulate the media.

BENIN, JSC: My Lords, this is a matter that touches the heart of our democratic process, talking about freedom of expression in all its facets. In democratic societies it is regarded as the most prominent fundamental right, a lever upon which all other rights hinge. In an article by Harry H. Wellington titled ‘On Freedom of Expression’ 88 Yale L.J. 1105, the author suggests that free speech is preservative of other freedoms. In MURDOCK v. PENNYSLVANIA, 319 U.S. 105, 115 (1943) free speech is given what was described as ‘preferred’ position. In other words, it is afforded more extensive immunity from external interference than most other human endeavours. This fact was not lost on the Committee of Experts who drafted the proposals that culminated in the adoption of the 1992 Constitution. The Committee opened their proposals with a quotation from the renowned John Stuart Mill, who wrote that “if all mankind minus one were of one opinion, mankind would be no more justified in ...