A private legal practitioner, Mr. Martin Kpebu has disagreed with the claim by the National Media Commission (NMC) that the request for fair hearing by the Board of Onua TV/FM for fair hearing, is a red herring.
According to the lawyer, fair hearing is the first step in any effort by any judicial body to investigate a complaint.
Mr. Kpebu said Article 167 of the 1992 Constitution mandates the National Media Commission to among others, “take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media, including the investigation, mediation and settlement of complaints made against or by the press or other mass media.”
“Implicit in the investigation is listening to the other side. Investigation is therefore the beginning and the end of the process to addressing any complaints and it involves hearing from the other side. To the extent that the NMC has not done that, their letter is a non-starter,” Mr. Kpebu stressed on TV3’s Key Points programme on December 2, 2023.
He noted that by not offering the Board of Onua TV/FM opportunity to be heard, the NMC flouted the Legistlative Instrument that governs its operations- L.I.1587.
According to him, regulation 4 of the L.I states that “The Executive Secretary of the Commisssion, shall within seven days of receipt of complaint, serve on the person, against who the complaint is made, a copy of the complaint inviting the person to submit his comment or answer within seven days…”
Mr. Kpebu expressed surprise that the NMC wrote to the Advertisers Association of Ghana (AAG), not to advertise with Onua TV/FM and the National Communications Authority (NCA) to suspend the frequency authorisation of the two stations.
“How do you write such a letter…investigation shall be held in private.. how on earth do you write to advertisers that they are advertising at their own risk?” he asked.
He further querried, “you’ve not gone through due process, so how do you write to the National Communications Authority?”
Background
On Tuesday 14 November 2023, Media General received a letter from the NMC which was wrongly directed. The letter complained of a broadcast simultaneously carried by Onua FM and Onua TV. In the same letter the NMC imposed sanctions on the two stations without asking for their side of the story.
In response to the letter, the Company drew the attention of the Executive Secretary Mr George Sarpong, to the error and also stated that the stations should be given an opportunity to be heard as is required by the procedures of the National Media Commission’s own Complaints Settlement Committee. But Mr George Sarpong has refused to give the stations the opportunity to be heard and has also not named any complainant.
Meanwhile he has threatened to have the frequency authorisations of the two stations suspended among other illegal actions.
Media General finds the actions and posture of the Executive Secretary arbitrary, unconstitutional and against the principles of natural justice and, therefore, filed a case in court to stop the Commission from further harassing the two stations. The Company states in the suit that the Media Commission by its actions has constituted itself into a complainant, a prosecutor and a judge in complaint and from its actions cannot now be trusted to be a fair and impartial arbiter in any case against OnuaTV/OnuaFM.
The NMC Executive Secretary without any complaints or invitation to OnuaTV/OnuaFM decided to be the complainant and the prosecutor and the Judge and passed a judgement. The Media General Group’s Board vehemently rejected the NMC’s actions in letters to NMC dated 21st November 2023 and 27th November 2023(attached).
In reaction, the Executive Secretary said he was going to have the frequencies of the two stations suspended and also secretly wrote to the Advertisers Association of Ghana on this veiled threat.
It must be made clear that the NMC does not have the power to influence editors nor to suspend frequencies of media houses. If this is allowed to happen it will be a serious threat to media operations in the country as the Commission can take steps to arbitrarily withdraw any broadcaster’s authorization without giving them a hearing if the Executive Secretary in his personal view does not like one presenter or the other to be on air.
If this behavior is allowed, it could destroy the business of media houses by getting advertisers to stop advertising on their media just because the Executive Secretary with Political views does not like a media house or a presenter especially in election seasons.
As a leading Media company, Media General and its subsidiaries Onua TV and Onua FM are ready to cooperate with the National Media Commission to achieve the highest standards in media practice. But it will not allow itself to be intimidated and shall take all steps to protect its business and editorial independence, including actions from the National Media Commission, which appear to be politically motivated.
We have accordingly initiated the legal action against NMC to prevent them from these illegal and frankly unconstitutional activities. We urge media houses and members of the public to rise up against this blatant abuse of office else we lose the democracy and the right to free speech for good.
Signed
Head, Corporate Communications Department, OnuaTV/OnuaFM