OnuaTV and Onua FM filed a lawsuit against the National Media Commission (NMC) today, November 29, 2023, at the Accra High Court.

The case is seeking an order for a perpetual injunction to prevent the NMC from acting in a way that could negatively affect the company's and its affiliates' media operations.

The suit was filed following multiple attempts by the NMC to harass OnuaTV and OnuaFM using its constitutionally mandated office.

The lawsuit asks the court to rule, among other things, that the Commission's orders to OnuaTV and OnuaFM are illegal and that the NMC's actions in not allowing the stations to be heard before imposing sanctions on them violate both the law and the principles of natural justice.

Background

On Tuesday 14 November 2023, Media General received a letter from the NMC which was wrongly directed. The letter complained of a broadcast simultaneously carried by Onua FM and Onua TV.  In the same letter, the NMC imposed sanctions on the two stations without asking for their side of the story.

National Media Commission

In response to the letter, the Company drew the attention of the Executive Secretary Mr George Sarpong, to the error and also stated that the stations should be allowed to be heard as is required by the procedures of the National Media Commission's own Complaints Settlement Committee. But Mr George Sarpong has refused to allow the stations to be heard and has also not named any complainant.

Meanwhile, he has threatened to have the frequency authorisations of the two stations suspended among other illegal actions.

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 the complaint and from its actions cannot now be trusted to be a fair and impartial arbiter in any case against OnuaTV/OnuaFM.

The NMC Executive Secretary without any complaints or invitation to OnuaTV/OnuaFM decided to be the complainant the prosecutor and the Judge and passed a judgement. The Media General Group's Board vehemently rejected the NMC's actions in letters to NMC dated 21st November 2023 and 27th November 2023 (attached).

In reaction, the Executive Secretary said he was going to have the frequencies of the two stations suspended and also secretly wrote to the Advertisers Association of Ghana on this veiled threat.

It must be made clear that the NMC does not have the power to influence editors nor to suspend the frequencies of media houses. If this is allowed to happen it will be a serious threat to media operations in the country as the Commission can take steps to arbitrarily withdraw any broadcaster's authorization without giving them a hearing if the Executive Secretary in his personal view does not like one presenter or the other to be on air.

If this behaviour is 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.

As a leading Media company, Media General and its subsidiaries Onua TV and Onua FM are ready to cooperate with the National Media Commission to achieve the highest standards in media practice. But it will not allow itself to be intimidated and shall take all steps to protect its business and editorial independence, including actions from the National Media Commission, which appear to be politically motivated.

We have accordingly initiated legal action against NMC to prevent them from these illegal and frankly unconstitutional activities. We urge media houses and members of the public to rise against this blatant abuse of office else we lose the democracy and the right to free speech for good.

Signed

Gillian Heathcote

Head, Corporate Communications Department, OnuaTV/OnuaFM