Media freedom is essential for democratic governance and human rights protection, with profound implications for the stability of any country.
Therefore, as a democratic country, a free and independent media in Ghana is crucial, as it guarantees the right to freedom of expression, promotes accountable and good governance and serves as a conduit for citizens to express their political opinions.
Media freedom in Ghana is guaranteed under Chapter 12 of the 1992 Constitution, which is devoted to the freedom and independence of the media.
The chapter states that “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 penalised or harassed for their editorial opinions and views, or the content of their publications” (Republic of Ghana, 1992, Article 4).
Article 5 adds that “All agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana” (Republic of Ghana, 1992, Article 5). Despite these constitutionally guaranteed freedoms, media freedom is shrinking in Ghana due to sustained attacks on journalists in their line of duty by state and non-state actors.
Over an 18-month period, the Media Foundation for West Africa (MFWA) recorded over 31 attacks on 40 journalists and the Ghana Journalists Association cited assaults on 45 journalists in five years (Daily Guide Network, 2023).
These attacks, are mostly carried out by members of the security agencies, including the police and the military.
The development has affected Ghana’s ranking by Reporters Without Borders, putting the country at 50th place from a previous position of 62nd in the World Press Freedom Index.
Relevance
The media not only inform, educate and entertain but also serve as a watchdog on society by scrutinising the conduct of public officials to promote accountability in democratic governance.
The media is considered the “Fourth Estate of the Realm” because democracies are more dependent on media communication, which constitutes a major tool that articulates and controls public opinion.
Therefore, since the media control public opinion, a free media in Ghana is necessary to serve as the foundation of a democratic order that consists of the media’s ability to operate freely and independently.
Security agencies
The security agencies, on the other hand, are also mandated by the constitution to protect national security, public order and public morality.
Article 50, 164 of the 1992 constitution states that ‘freedom of speech can be limited if reasonably required in the interest of national security, public order and public morality’.
In addition, there are legislations such as the Electronic Communications Act (2008), the Criminal and Other Offences Act (1960) and Section 208 of the Criminal Code, a key provision of which a publication ‘likely to cause fear and alarm to the public’ is classified as a misdemeanour.
Such legal instruments empower the security agencies to act in a manner that creates a climate of fear that challenges the practical attainment of the freedoms guaranteed under the 1992 constitution.
Simply put, reducing or stopping attacks on journalists alone cannot guarantee media freedom, as there are far more techniques employed by the security agencies to stifle media freedom.
To fulfil the constitutional requirement to safeguard national security, public order and public morality, the security agencies adopt what could broadly be described as a triad of censorship techniques against the media that militate against free speech and free press.
These are physical, psychological and legal. On the physical front, members of the security agencies would often molest, intimidate, harass and even beat up journalists in their line of duty.
Psychologically, they manipulate the media by covering up information or consciously declining to approve or refute information.
And on the legal front, they use legal force, including injunctions and criminal prosecutions, against journalists.
Given that the security agencies often justify the above acts of censorship as being in the national security interests, public order and public morality, the challenge is whether they will jettison these techniques of censorship to the detriment of state security.
Whereas the two institutions may collaborate to reduce incidents of attacks against journalists, the security agencies may be unwilling to jettison their psychological and legal tactics against journalists since that could be exploited by some journalists and potentially engender their role in preventing and fighting misinformation and disinformation that potentially have national security implications.
Amendments
There is, therefore, the urgent need to consider calling for constitutional amendments to Article 50, 164 of the 1992 Constitution and other legal instruments that give unlimited discretionary powers to the security agencies to determine what constitutes national security interest, public order and public morality.
Such amendments should clearly define what constitutes national security, public order and public morality to guide citizens.
They should also consider creating a peer support structure with a legal defence fund to fight for journalists’ rights.
Department of Journalism,
University for Development Studies, Nyankpala.
