The Board of Media General has expressed its displeasure over the unfair, biased, and unlawful conduct of the National Media Commission (NMC) against Onua TV/Onua FM.
The two media entities are subsidiaries of Media General.
The Board of Media General said that NMC, being a constitutional body vested with discretionary powers, must of necessity in the performance of its functions, should not have lost sight of the two fundamental rules of natural justice: (1) the rule against bias and (2) the right of Onua FM / Onua TV to a fair hearing in dealing with the two media entities.
“The NMC failed when it refused and/or neglected to invite Onua TV / Onua FM and engage them to establish the veracity or otherwise of the allegations. The NMC instead of complying with its own Act 449, resorted to threats and referring to other jurisdictions whose legal regime, legal requirements and circumstances are different from ours. Furthermore, those regimes and circumstances surrounding their political instability are matters extraneous to the publication of Captain Smart,” a letter signed by Board Chair Kojo Yankah said.
The letter added “It is submitted that the entire approach of the NMC is dangerous and amounts to censorship of the media, which for all intents and purposes could not have been the intention of the framers of the law. We believe that the Constitution in its wisdom upholds the right to a fair hearing and due process, even in matters subject to regulatory oversight.
“The NMC’s unhealthy approach to this matter raises questions about its underlying agenda to discredit the good work of the Onua brand and the entire Media General Ghana Group. Indeed, the constant leaking of letters addressed to the Board of Media General Group on online news and WhatsApp platforms hours before the letters are served on the Board is indicative of a premeditated and unlawful agenda on the part of the NMC. Assuming without admitting that the NMC’s interpretation of the law is correct, one will also expect the NMC to be open to dialogue. It is indeed a shame that three decades after the promulgation of the 1992 Constitution, a constitutionally mandated body such as the NMC will call a request for an opportunity to be heard before a decision is taken on any matter a ‘red herring strategy’.
The Board believes that it is imperative that the NMC follows due process in the performance of its functions.
“(2) Subject to this Constitution and any other law not inconsistent with this Constitution, there shall be no censorship in Ghana. (4) 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 penalized or harassed for their editorial opinions and views, or the content of their publications. (5) 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.
“The above-mentioned provisions of the 1992 Constitution guarantee the freedom and independence of the media that includes Onua TV/ Onua FM, subsidiaries of Media General. Furthermore, Clause (4) of Article 162 among others protects institutions of the mass media from the control or interference by Government or from being penalized or harassed for their editorial opinions and views or the contents of their publications. We believe that the guarantees and freedoms enshrined herein are to enable all agencies of the mass media to at all times be free to uphold the principles, provisions and objectives of the Constitution and to hold Government and duty bearers responsible and accountable to the good people of Ghana.
As a media conglomerate, and being in the industry for over 25 years we do not however lose sight of the fact that these rights and freedoms are subject to the limitations as reasonably required in the interest of national security, public order, public morality and for the purpose of protecting the reputations, rights and freedoms of other persons as enshrined in Article 164 of the Constitution of Ghana.
“The Board notes with great concern the biased, unfair and unlawful conduct of the NMC for the following reasons: The subject matter mentioned by Captain Smart in the publication under reference is a matter of national interest that has been investigated by the ONUA TV Morning Show Team. It is imperative to note that, at no point in time during the said broadcast of the publication, did Captain Smart talk about mutiny, insurrection etc. In fact, he has in previous publications stated his dislike of coup d’état, political insurrection, rebellion, revolution whatsoever. It therefore came as a surprise to the Board when it received no complaints or any invitations from NMC for any investigation to be conducted to ascertain the truth or otherwise of what was alleged to have been broadcasted. Rather, the NMC resorted to issuing sanctions of withdrawal and an apology. Furthermore, the NMC’s categorization of what Captain Smart is alleged to have said during the broadcast in question as
