CHAPTER
012
THE
CONSTITUTION OF THE REBUPLIC OF GHANA 1992
FREEDOM
AND INDEPENDENCE OF THE MEDIA
162 (1)
Freedom and independence of the media are hereby guaranteed.
(2) Subject
to this Constitution and any other law not inconsistent with this
Constitution, there shall be no censorship in Ghana.
(3)
There shall be no impediments to the establishment of private press
or media; and in particular, there shall be no law requiring any
person to obtain a licence as a prerequisite to the establishment
or operation of a newspaper, journal or other media for mass communication
or information.
(4)
Editors and publishers of newspapers and other institutions of the
mass media shall not be subject to control or interference by Government,
not 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..
(6)
Any medium for the dissemination of information to the public which
publishes a statement about or against any person shall be obliged
to publish a rejoinder, if any, from the person in respect of whom
the publication was made.
163 All
state-owned media shall afford fair opportunities and facilities
for the presentation of divergent views and dissenting opinions.
164 The
provisions of articles 162 and 163 of this Constitution are subject
to laws that are 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.165
For the avoidance
of doubt, the provisions of this Chapter shall not be taken to limit
the enjoyment of any of the fundamental human rights and freedoms
guaranteed under Chapter 5 of this Constitution. 166
(1) There shall
be established by Act of Parliament within six months after Parliament
first meets after the coming into force of this Constitution, a
National Media Commission which shall consist of fifteen members
as follows -
(a)
one representative each nominated by
(i)
the Ghana Bar Association;
(ii)
the Publishers and Owners of the Private Press;
(iii)
the Ghana Association of Writers and the Ghana Library Association;
(iv) the Christian group (the National Catholic Secretariat, the
Christian Council, and the Ghana Pentecostal Council)
(v) the Federation
of Muslim Councils and Ahmadiyya Mission;
(vi)
the training institutions of journalists and communicators;
((vii)
the Ghana Advertising Association and the Institute of Public Relations
of Ghana; and
(viii)
the Ghana National Association of Teachers;
(b) two representatives
nominated by the Ghana Journalists Association;
(c)
two persons appointed by the President; and
(d) three persons
nominated by Parliament.
(2) The Commission
shall elect its own Chairman.
167 The
functions of the National Media Commission are-
(a)
to promote and ensure the freedom and independence of the media
for mass communication or information;
(b)
to 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 agaisnt or by the press or other mass media;
(c) to insulate
the state-owned media from governmental control;
(d)
to make regulations by constitutional instrument for the registration
of newspapers and other publications, except that the regulations
shall not provide for the exercise of any direction or control over
the professional functions of a person engaged in the production
of newspapers or other means of mass communication; and
(e)
to perform such other functions as may be prescribed by law not inconsistent
with this Constitution. 168
The Commission
shall appoint the chairmen and other members of the governing bodies
of public corporations managing the state -owned media in consultation
with the President.
169 Editors
of the state-owned media shall be appointed by the governing bodies
of the respective corporations in consultation with the Public Services
Commission.
170 The
Commission shall appoint the officers and other employees of the
Commission in consultation with the Public Services Commission.
171The
administrative expenses of the National Media Commission, including
salaries, allowances and pensions payable to or in respect of persons
serving with the Commission shall be charged on the Consolidated Fund.172
Except as otherwise
provided by this Constitution or by any other law not inconsistent
with this Constitution, the National Media Commission shall not
be subject to the direction or control of any person or authority
in the performance of its functions.
173
Subject to article
167 of this Constitution, the National Media Commission shall not
exercise any control or direction over the professional functions
of a person engaged in the production of newspapers or other means
of communication. |