Onua TV and Onua FM have sued the National Media Commission (NMC) at the Accra High Court seeking an order for perpetual injunction restraining the NMC from taking any steps that will adversely impact the media operations of the Company and its associates.
A statement signed by Gilian Heathcote, Head, Corporate Communications Department, Onua TV and Onua FM, said the suit ‘followed numerous attempts by the NMC to use its constitutionally mandated office to harass Onua TV and Onua FM.’
It said the suit was asking the court to among other things declare that some orders issued by the Commission to Onua TV and Onua FM were unlawful and that the conduct of the NMC in refusing to give the stations an opportunity to be heard before imposing sanctions on them was a breach of the law and of natural justice.
The statement said on Tuesday, November 14, 2023, Media General received a letter from the NMC, which was ‘wrongly directed’.
It said the letter complained of a broadcast simultaneously carried by Onua FM and
Onua TV and in the same letter, the NMC
imposed sanctions on the two stations without asking for their side of the story.
The statement said in response to the letter, the Company drew the attention of Mr George Sarpong, the Executive Secretary to the error and stated that the stations should be given an opportunity to be heard as was required by the procedures of the National Media Commission’s own Complaints Settlement Committee.
It said Mr Sarpong had, however, refused to give the stations the opportunity to be heard and had also not named any complainant.
The statement said meanwhile, he had allegedly threatened to have the frequency authorisations of the two stations suspended among other ‘illegal actions’.
It said Media General found 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 Onua TV/Onua FM.’
‘The Media General Group’s Board vehemently rejected the NMC’s actions in letters to NMC dated 21st November 2023, and 27th November 2023. In reaction, the Executive Secretary said he was going to have the frequencies of the two stations
suspended and secretly wrote to the Advertisers Association of Ghana on this veiled threat.’
The statement said the NMC did not have the power to influence editors or to suspend the frequencies of media houses.
It said allowing that to happen would be a serious threat to media operations in the country as the Commission could take steps to arbitrarily withdraw any broadcaster’s authorisation without giving them a hearing ‘if the Executive Secretary in his personal view did not like one presenter or the other to be on air.
‘If this behaviour i
s 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.’
The statement said Media General and its subsidiaries Onua TV and Onua FM were ready to cooperate with the NMC to achieve the highest standards in media practice.
However, it would not allow itself to be intimidated and shall take all steps to protect its business and editorial independence, including actions from the NMC, which appeared to be politically motivated.
‘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 of free speech for good.’
Source: Ghana News Agency