WHAT CAN THE MEDIA DO WHEN THERE IS A DEFECT IN THE CONSTITUTION?

 Story: Mary Ankrah

The media is interpreted as the fourth estate of the realm or fourth arm of government. The role of the media is to act as the eye of the society and also keeping the other arms of government thus, executive, legislature and judiciary checked. It also serves as intermediaries between the government and the public. As such, they communicate government policies to the public and send feedbacks to the government in order for government to draw policies that will benefit the society in enhancing development and growth.

In chapter twenty-five Article 289 of the 1992 Constitution of Ghana states that , “parliament may by an Act of parliament, amend any provision of the constitution if the sole purpose of the Act is to amend the constitution and the Act will be pass in accordance with this chapter.”  

In regards to that article, though the media has a significant role to educate the public about the laws or Acts in the constitution for the benefit of the citizens and society, it has no power as the fourth arm of government to change any law in the constitution. The media through its programmes and discussions can only make suggestions to the Constitutional Review Council for amendment in parliament. 

What the media can do when there is defect in the Constitution

The constitution is the supreme laws of the state and contains the laws that governed the country.

First and foremost, the media’s social responsibility role bestows some obligation on the part of the media to society. While the media inform, educate and entertain they give individuals in the community access to say their views. Thus, anyone who has something of significance to say will be allowed a forum to do so. As such, when individuals or personalities identify a defect in the constitution that negatively affects the governing of the country; they media can bring it up to obtain public opinions. 

They indirectly or directly could make suggestions to the Constitutional Review Council or parliament for amendment. In so doing, the media helps define whether a particular law is good or bad for the country.

For instance, there was controversy in the Citizenship Act (94) in 2000. Restrictions such as contesting for a Member of Parliament and holding some sensitive positions that may be argued to be relevant to all of dual citizenship except those by birth are applied to all classes of dual citizenship, Ghanaians by birth included. A case was when Dr. Samuel Amoako, a naturalized US citizen and a Ghanaian by birth was forced to renounce his US citizenship to comply with Article 94 (2) (a) of the constitution. 

However, later, when a similar case surfaced in the matter of Dr. Vanderpuje, the current Mayor of Accra who holds a dual citizenship, a loud argument was made by certain individuals that he is a Ghanaian by birth and should be left alone to assume his appointment even though Article 94 (2) (a) was and still in the constitution. 

The lesson here is that there is the need for an amendment of the odious Article 94 (2) (a) to operate as in the case of Vanderpuje without any scent of arbitrary and whimsical interpretation and enforcement of the constitution. Some member of parliament raised the issue in the media pointing the defect of that Act in the constitution for redress.  Indeed, it was one of the top news debates on all the media outlets that called on authorities for reviewing of such Act in the constitution. 

Secondly, another way the media could help when there is a flaw in the constitution is by setting an agenda for the public to debate on the shortcomings in the constitution. They could bring to the society the defect in the constitution they think should be looked at. The aim of the media agenda setting role is to get reactions from the public. And by the way the media select and present the information; it makes government aware of those flaws in the constitution which needed to be altered. 

The framing of the information may help the public better understand issues, although that will depend on their motivation to seek out multiple sources of news. Newspapers for instance publish stories reporting the viewpoints of the public and action taken in public meetings concerning the constitution and on their editorial pages they express their reactions and make suggestions the need to make corrections to such abnormality in the constitution or government policies.

In conclusion, a free and effective media could play a vital role in improving good governance and development economically, socially, politically and culturally. It must help create awareness and educate the society on the laws of the country.

THE NATIONAL MEDIA COMMISSION

IS THE NATIOTNAL MEDIA COMMISSION (NMC) A TOOTHLESS BULL DOG? DO YOU AGREE AND WHY? WHAT WOULD YOU RECOMMEND AS A SOLUTION TO THE NMC’S INABILITY TO FUNCTION?

Before the 1992 Constitution, the freedom of Ghana's media was excessively curtailed by a licensing regime that tended to strangle the industry. The establishment of the 1992 Constitution defined a Commission known as the National Media Commission (NMC) to safeguard the right of people to freely express themselves. The NMC was established on  July 7, 1993 by an Act of Parliament (Act 449) pursuant to Chapter 12 of the 1992 Constitution.

Currently, the NMC carries out three basic functions to developing content guidelines, monitoring, complaints settlement and training, all based on the Constitutional provision for journalistic standards.

The NMC exists to ensure that there is promotion of free, independent and responsible media so as to sustain democracy with a media that is independent from the organs of the state. In order to promote that goal, the NMC needed to be committed to maintain its independence from political influence and ensures that the state owned media is independent from government control so as to sustain democracy and national development.

In raising professional standards among media practitioners, ensuring fairness to the public, protecting journalists from harassment, and encouraging the media to play their role of holding people in authority to account and protecting the rights of the individual,  the NMC is to take all appropriate measures to ensure the maintenance of highest journalistic standards in the mass media, including investigation, mediation and settlement of complaints made against or by the press or other mass media.

However, the guidelines do not have an explicit legal status and the sanction available is limited to the publication of a correction, an apology, a rejoinder or “direct disciplinary action”.  A typical example is when a Journalist and Editor of the New Punch Newspaper, Ebenezer Ato Sam also known as Baby Ansaba confessed he made false reportage about the health status of President  Evan Atta Mills in other to ridicule him and make him unpopular among his opponents as they contested for the Presidency in the country, the NMC did nothing about it as to check him or penalised him.

In addition, the NMC is to make regulations by constitutional instrument for the registration of newspapers and other publications, except that the regulations shall not provide for the exercise. As such, it is empowered only to receive and to accept or to reject proposals for broadcasting services.

Conversely, there are no further specific provisions in the NMC Act as to its regulatory powers and procedures other than with respect to complaints settlement which is also the subject of a separate Legislative Instrument (LI) and this conflict power with the National Communication Authority (NCA).

In regards to all these lapses to function adequately, the NMC in it current state is term to be a “toothless bull dog”, thus, despites its obligations lack the power to function effectively. In view of this and for it to function efficiently, I recommend the following possible measures.

Firstly, the existing NMC Act needs to be amended to bring greater clarity to strengthen its powers of sanction and to provide for a formal appeals process in relation to rulings on complaints.

Such increased powers would need to be balanced by the provision of a formal appeals process within the NMC procedure as well as judicial review. For instance, it could impose a financial penalty or, in extreme cases, suspend or withdraw the authorization of media practitioners or media houses when they go contrary to the profession.

Secondly, the Commission should have their representative in the 10 regions of Ghana to ensure efficient monitoring. That would help inexperienced and aspiring journalists become more professional and ethical in their practice by organising training workshops and seminars for them.

The skills and expertise of practising media persons should also be updated and upgraded to make them more skilled and better qualified. Also, the public should be educated about the work and functions of the National Media Commission to abreast the public about their work.

Thirdly, in order to ensure broadcasting service providers deliver on their promises of performance and that they comply with relevant regulations on broadcasting service ownership, provisions should be made in law for the NMC to solely carry out the authorization of broadcasting services frequency, including setting of terms and conditions for such services and ensuring compliance regulation of ownership and control of broadcasting service regulation of promises of performance.

That would help avoid conflicting issues between the NMC and the NCA. It would equally assist in assuring the quality and diversity of services available and addressing issues such as media concentration, cross-ownership and foreign ownership, which are important matters affecting media freedom and independence.

In conclusion, the NMC owes it a duty to promote the media in Ghana and so it is in the interest of the public that it should help develop the mass media in the country so that there would be decency among media practitioners and media houses and owner would be more objective, fair and truthful in their reportage.

THE ROLE OF JOURNALISTS

By: Mary Ankrah

A journalist is any professional person who engages in the collection of information for dissemination to the public. Journalists achieve this purpose by the use of the mass media including newspapers, magazines, radio, television, news agencies and the internet. Journalists include writers, editors, photographers, broadcast presenters, news reporters, commentators, correspondents, publishers, columnists, page planners, and bloggers among others. Journalists rely on first-hand observation whenever possible and consult multiple sources to make sure the information they receive is reliable and they identify the sources of their information so the audience can evaluate their credibility. Therefore, journalists have a significant role to play in the development of the society. The role of journalists entails significant obligations and responsibilities outlined below.

The primary role of journalists are to inform. This they do by reporting on the things that occur in the society thereby making the public aware of those things. They as well enlighten the public on the material welfare of humankind and keep the public abreast on matters that may dramatically change society, such as the economy or the environment. Also, they inform the public on government policies and issues of public concern. As such, journalists search for available information by covering events and sourcing information from people and they determine how valuable and reliable the information is before disseminating it to the public. Thus, journalists do not only collect the information but verify the information before disseminating it. They use the mass media such as television, radio, newspaper and the internet to achieve this role.

Secondly, the function of journalists are to educate. This role enables journalists to educate the public by organizing and showing educative programmes as well as reporting issues that affect the public on their media outlets for the public to drive lessons from them. Journalists are to adequately educate the public on government policies, social issues, national disasters, campaigns against the spread of epidemics (such as HIV/AIDS) and wanton degradation of the environment since these issues are of global concern and cannot be dealt with effectively without the inducement of our currently un-informed majority who also happen to suffer the scourges the most. For instance, the reportage on the “galamsay” activity which involved the death of fourteen women splashed in the Daily Graphic newspaper of Ghana was to educate the public about the dangers of this activity and also to alert government to formulate policies that will curb the operation.  

Thirdly, the role of journalists are to entertain. They entertain the public by covering entertainment programmes such as sports, music, cartoons and movies for the general audiences. Besides that, their duty are to fulfill the need to talk about celebrities and the entertainment world. They write about celebrities and people who have been instrumental in creating achievements and in making good things happen. As a result, this will assist in creating role models for the youth and inspire many people to assist positively in the development of their nations.

In addition, journalists perform the agenda- setting role. Journalists set agendas for the public through choosing what news is to be displayed and how it is displayed for the public, telling them what is important and what they should be thinking about. This influences the publics or audiences in choosing newsworthy stories through the mass media. This role also enables journalists to use the power of the media positively to promote social, economic and cultural values.  For instance, the agenda-setting role of journalists can help the general public to change their mindsets about Africans being dependent on the Europeans for help and always thinking that they cannot develop unless they are helped by foreigners because Africans have the power to transform their lives and their economy through hard work.

Also, journalists play a unique role of investigating issues that affect the society economically or socially and help identify social ills and prescribe remedies to ensure good and healthy society. They do this by researching on the subject matter or the issue and interviewing people who are involved or people who have knowledge about the issue. For instance, journalists can investigate issues such as armed robbery, prostitution, injustice in the judiciary to mention but a few and draw government attention to help reduce the menace in the society.

Journalists serve as watchdogs over government activities and serve as inter-mediaries between the government and the public. Journalists communicate government policies to the public and send feedbacks to the government in order for government to draw policies that will benefit the society in enhancing development and growth.

Journalists act as opinion leaders through columns, feature stories, editorials, and articles among others. Thus, they are transmission belts for their viewpoints or for information provided by others and they make sound editorial decisions.  It is this role of journalists that assist in restoring the lost confidence of people in the country and good government polices to encourage strong leadership and good governance in the country. It also helps the public to make good decisions and be more analytical.

In summary, journalists owe their primary allegiance to the public so, they must maintain integrity, fairness and objectivity and work hard to avoid conflicts of interest, real or perceived in the performance of their duty.