GIBA calls for constitutional protection of media freedom in ongoing review

The Ghana Independent Broadcasters Association (GIBA) is lobbying for robust constitutional protections for media freedom during the ongoing constitutional review process. GIBA contends that relying solely on ordinary legislation to safeguard fundamental media rights could make the sector vulnerable to changes by different parliamentary majorities and governments.

During a stakeholder engagement on the constitutional review, GIBA member Samson Lardi Anyenini expressed concerns that several of GIBA's proposals submitted to the Constitutional Review Committee were not included in its final report. Despite this disappointment, GIBA welcomed some aspects of the report, particularly those addressing media independence and regulation.

Anyenini emphasized that GIBA's primary concern lies in ensuring that certain media protections are enshrined in the Constitution rather than left to the discretion of legislation. He questioned whether the proposed constitutional and regulatory framework would adequately shield media institutions from government influence. GIBA is also advocating for stronger constitutional safeguards for the National Media Commission (NMC) and greater sectoral representation in its membership.

The association supports the idea of nominating sector-specific representatives to the NMC and prefers that the commission's core functions be constitutionally protected. Anyenini voiced concerns about the relationship between the NMC and the National Communications Authority (NCA), particularly regarding broadcast authorizations.

He proposed that the NMC's approval be required for granting, suspending, or revoking broadcast authorizations, emphasizing that as the media landscape evolves, decisions made by the NCA could directly impact constitutionally protected media freedoms. GIBA is also calling for a technology-neutral approach to the country's media framework, as the 1992 Constitution's Chapter 12 was primarily designed for traditional media and does not account for the convergence of broadcasting, telecommunications, streaming services, social media, and digital platforms.

The association believes a broader, technology-neutral definition of the media is necessary in today's interconnected media environment. GIBA supports the passage of the Broadcasting Bill, 2024 but seeks to incorporate its recommendations and concerns into the legislative process. The organization's priorities include entrenching essential media protections in the Constitution, maintaining sectoral representation in media regulatory institutions, and ensuring the NMC's core functions are protected while establishing a co-regulatory framework with the NCA.

GIBA rejects the notion that ordinary legislation alone can sufficiently protect media rights and stresses the importance of enshrining these rights in the Constitution.