Supreme Court dismisses GIBA claim against NCA

The Supreme Court, in a seven-member decision, has unanimously dismissed a case filed by the Ghana Independent Broadcasters Association (GIBA), challenging the National Communication Authority’s (NCA) decision to introduce Conditional Access for Free-to-Air TV broadcast.

The case of the GIBA was that the Conditional Access for Free-to-Air TV broadcast was a breach of the 1992 Constitution’s freedom of the media, since its members exercise discretion to convert their services into a Pay TV service.

GIBA disputed that the Conditional Access System introduced as a mandatory requirement by the NCA constitutes an unnecessary restraint on the establishment and operation of private media.

The Association, through its lawyer, Kwaku Owusu Agyeman, alleged that the Conditional Access System for Free-To-Air broadcasters will give the government the upper hand to block members’ contents unless they meet certain criteria.

The Association was seeking a declaration that the blockage of media content of Free-To-Air broadcasters, through the use of the Conditional Access System introduced by the NCA, is unconstitutional, as same constitutes an unreasonable and unnecessary abridgement of the freedom of the media contained in Article 21(a) and 162 (1) of the 1992 Constitution.

Another relief also seeks a declaration that the blockage of media content of Free-To-Air broadcasters, through the use of the Conditional Access System introduced by the NCA, contravenes the spirit and letter of Article 21(f) of the 1992 Constitution, since same constitutes an unnecessary abridgement of the right to information guaranteed under the Constitution.

The GIBA is also seeking an order directed at the NCA to remove from the Minimum Requirements for Reception of Digital Terrestrial and Satellite Television Services, any system in the nature of Conditional Access that encrypts or blocks the content of Free-To-Air television channels from being received.

However, the seven-member panel, presided by Chief Justice Anin Yeboah, unanimously dismissed GIBA’s claim on the grounds that it raises no cause of action.

 

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