Supreme Court rules out GIBA’s amended writ

 

A-seven member panel of the Supreme Court, yesterday, rejected an attempt by the Ghana Independent Broadcasters Association (GIBA) to amend its writ before them.

According to GIBA, which is challenging the National Communications Authority (NCA) on the introduction of conditional access to free-to-air (FTA) television, it had seen a publication on the Authority’s website, hence wanted to amend its writ, but the request was denied.

However, the Supreme Court, presided over by Chief Justice Anin Yeboah, described the application as premature.

The Apex Court then adjourned the case to June 23rd to give its final decision.

The GIBA, which has joined the Attorney General to the suit,  is seeking to use legal action to convince the Supreme Court to declare the new requirement by the NCA as a violation of Article 162 clause 3 and, therefore, unconstitutional.

It is also seeking a declaration that the conditional access system introduced by the NCA was an “unreasonable and unnecessary abridgement of the freedom of the media,” and, therefore, unconstitutional.

The GIBA further wants a declaration by the apex court that the action of the NCA was an infringement against the right to information, as guaranteed under Article 21(f) of the 1992 Constitution.

Also, it wants an order from the court “directed at the NCA to remove any system in the nature of conditional access that encrypts or blocks the content of FTA television channels from being received.”

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