NMC suspends regulations following Supreme Court order

The implementation of the Content Standards Regulations 2015 (LI 2224), which require electronic media owners to seek content approval from the National Media Commission (NMC) before they publish anything has been suspended.

This followed an interim injunction placed on the implementation of the law by the Supreme Court last Thursday.

A statement signed by Mr Kwasi Gyan-Apenteng, Chairman of the National Media Commission (NMC), and issued in Accra yesterday, said the suspension of the implementation will hold until the final determination of the substantive suit filed by the Ghana Independent Broadcasters Association (GIBA).

The statement expressed the hope that the court would be able to give its judgement before the commencement of the election campaigns.

“While abiding by the ruling, the NMC will like to assure the public of its determination to uphold its constitutional mandate of ensuring a free and vibrant media that functions within the law and puts the national interest above any other considerations,” it added.

Ruling

In a unanimous decision last Thursday, the Supreme Court said it found it just and convenient to grant an order of interlocutory injunction restraining the NMC from enforcing the provisions of LI 2224 pending the determination of the substantive suit. 

GIBA filed the application to restrain the NMC from enforcing certain provisions of the new NMC Content Standards Regulations 2015 (LI 2224) which came into force on December 9, 2015 until the final determination of the case.

In the application, the association contended that its members were likely to be prosecuted and suffer imprisonment even before the case was determined by the court.

In its ruling read by Mr Justice Gabriel Pwamang, the seven-member panel held that members of GIBA were likely to suffer damages unless the court granted the interlocutory injunction.

“Members of the applicant (GIBA) stand to be directly affected by the enforcement of the legislation. In fact, members of the applicant appear to be the main target of this legislation. Restraining the threat of a prosecution by the respondent (NMC) will better prevent injury and damages to the applicant in this case,” it held.

Panel

The court, presided over by Ms Justice Sophia A.B. Akuffo, had Mr Justice Jones Mawulom Dotse, Mr Justice Anthony A. Benin and Mr Justice Joseph Bawa Akamba as members. 

The rest were Ms Justice Vida Akoto-Bamfo and Mr Justice Paul Baffoe-Bonnie.

Suit

The GIBA filed the application to restrain the NMC from enforcing certain provisions of the new NMC Content Standards Regulations 2015 (LI 2224), which came into force on December 9, 2015, until the final determination of the case.

In the application, the association contended that its members were likely to be prosecuted and suffer imprisonment even before a case was determined by the court.

The suit filed in January, this year, is seeking the intervention of the highest court of the land to expunge regulations 3,4,5,6,7,8,9,10,11,12 and 22 of the new NMC Content Standards Regulations 2015 (LI 2224) since it is inconsistent with the 1992 Constitution, which guarantees media freedom.

Joined to the suit is the Attorney-General.

Regulations

The regulations in contention require media owners to apply for content authorisation, submit programme guides and content for approval and go by a set of rules stipulated by the NMC or in default pay a fine or serve between two and five years in jail.

Reliefs

In its writ to invoke the original jurisdiction of the Supreme Court, GIBA is seeking, among other things, “a declaration that upon a true interpretation of Articles 162, 167 and 173 of the 1992 Constitution, neither the government of Ghana nor any state institution created under the Constitution, including the NMC, shall engage in acts or exercise any powers that are likely to amount to censorship, control and direction of institutions of mass media communication in Ghana”.

“No institutions of mass media communication shall be criminally penalised for their failure to procure authorisation for the content of their publication from the government or any state institution created under the 1992 Constitution, including the NMC,” it said.

The applicant is also seeking “a declaration that the provisions under the legislation which prefer criminal sanctions upon infraction of the standard guidelines are legally vague and also inconsistent with the spirit and letter of Article 162 (4) and Article 167 (d) of the 1992 Constitution and are, therefore ,void.

It is further seeking an order to delete or expunge the said regulations of LI2224 on the grounds that they are unconstitutional.