The Tribunal ordered that, pending the final determination of the case that had been brought before it by the Ghana Independent Broadcasters Association (GIBA), the NCA must not apply the penalties imposed on the defaulting stations

[contextly_sidebar id=”Z6M769MWYAIYXXn1nqV8plJCdwMy33wg”]The President of GIBA, Andrew Anninkora, who confirmed the directive to Citi News said the decision was taken after the Association filed an application at the Tribunal on November 3, 2017, seeking redress for nine affected stations who are members of GIBA.

“We had filed an application at the tribunal, seeking some orders of the tribunal concerning situations that we believe needed to be sorted out. Therefore at the hearing today [Monday], the court set an injunction, and because the NCA could go ahead and shut down some radio stations, the tribunal felt that once a case had come before them, then the NCA would have to hold on with whatever action they wanted to take,” he said.

The NCA, however did not appear before the Tribunal for the ruling.

GIBA had earlier described the sanctions imposed on the stations as ‘harsh’, adding that the heavy sanctions could “affect the morale of others in doing legitimate business knowing the unpredictable terrain of business in Ghana”

And according to Andrew Anninkora, the decision taken by the Tribunal provides an opportunity for the Association to dialogue with the NCA over a possible revision of the sanctions handed to it members.

“As the President of GIBA, this gives us some respite. Again, we believe we will be able to go through whatever problems we are going through with the NCA. These are issues that we wanted to sit and discuss. We have a platform where we can discuss whatever differences we have,” he added.

Stations sanctioned

Back in September, some 131 radio stations, including Accra-based Radio Gold, Atlantis Radio and Radio XYZ, 3-FM, were either fined or had their licenses revoked by the National Communications Authority (NCA), following the completion of a nationwide FM Spectrum Audit.

Radio XYZ was fined GHc 4,090,000, Atinka FM GHc 14,800,000, while Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60, 350,000 respectively.

Accra-based Okay FM and Kumasi-based Hello FM, both under the Despite group, were shut down briefly as a result of the failure to pay their fines.

However, in an act of leniency, the Ministry of Communications and the National Communications Authority (NCA), slashed the fines for the sanctioned commercial FM Broadcasting stations by 50 percent.

The stations were also given additional 30 days to pay the slashed fines, which has since elapsed.

Sanctions unconstitutional?

A number of persons, including National Democratic Congress (NDC) Member of Parliament for Ningo Prampram, Sam George, had accused the National Communications Authority (NCA), of contravening certain constitutional provisions with the sanctions imposed on the stations.

According to the legislator, the NCA had reviewed the default sanctions for radio stations which fall foul of the regulations, without seeking Parliamentary approval, which he says is required per the Constitution.

He added that, despite being mandated by an Act of Parliament to impose fines and sanctions of any implicated media organisations, the Constitution requires that any amendments to the sanctions would need the approval of Parliament before implementation.

The Minister of Communications, Ursula Owusu-Ekuful, had earlier defended the NCA’s sanctions on the floor of Parliament, stating that the regulator’s actions were backed by law.

“Clause 2(1) of the Electronic Communications Act, 2008 (Act 775) further mandates the NCA to regulate the radio spectrum designated or allocated for use by broadcasting organisations and providers of broadcasting services in accordance with the standards and requirements of the International Telecommunications Union and its Radio Regulations as agreed to or adopted by the Republic,” she said.

“These provisions give the NCA the clear mandate to manage spectrum and issue, suspend or revoke frequency authorizations, and that is simply what they seek to do. ”

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By: Edwin Kwakofi/citifmonline.com/Ghana

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He described the new move by the NCA as “refreshing.”

The National Democratic Congress (NDC) legislator had earlier accused the NCA of contravening certain constitutional provisions with the sanctions imposed on 131 radio stations.

[contextly_sidebar id=”gv9zP8gjEOFFIEuVR9kfGVweLw0VX74q”]According to him, the NCA did not follow certain provisions of Parliament before imposing the fines.

The NCA in September sanctioned 131 stations for several infractions, and at the time gave 34 radio stations the option to pay or be taken off air; a decision which was criticized by groups, particularly the NDC minority in Parliament.

Whiles the first 30-day ultimatum given to the stations has elapsed, and some stations have been taken off-air, the NCA in what appears to be an act of leniency, has lessened the fines and also relaxed other penalties.

The stations have now been given additional 30 days to pay up or risk being shutdown after the 50% slash.

This was after the Minister of Communications, Ursula Owusu-Ekuful, defended the sanctions, following her appearance in Parliament, where Sam George had vehemently objected her views.

Sam George in a statement said the review of the fines is a good step aimed at protecting free speech.

“It is refreshing to read the release from the Ministry of Communications on the fines by the NCA. I must commend the Ministry for its initial actions aimed at mitigating the enormity of the sanctions. They are the first good steps aimed at protecting free speech,” he said.

Below is the full statement from Sam George:

It is refreshing to read the release from the Ministry of Communications on the fines by the NCA. I must commend the Ministry for its initial actions aimed at mitigating the enormity of the sanctions. They are the first good steps aimed at protecting free speech.

However, I still believe that as the Ministry’s statement suggests, there is room for more dialogue and negotiations. One key issue would be the apparent retrospective nature of the fines. It is important as a cardinal rule of natural justice that penalties are not applied retrospectively. I believe that with the good faith shown by the Ministry, this issue too would be resolved amicably during discussions with the Ministry.

Let us continue to build a conducive environment for Ghanaian businesses to thrive even as the businesses respect their obligations to the State. It is my hope that the affected radio stations would take advantage of the current dispensation to engage the Ministry further to settle whatever outstanding issues may exist.

GOD bless our Homeland Ghana and make our Nation great and strong.

Samuel Nartey George(MP)

Ningo-Prampram

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According to the legislator, the NCA had reviewed the default sanctions for radio stations which fall foul of the regulations, without seeking Parliamentary approval, which he says is required per the Constitution.

[contextly_sidebar id=”BEQyWOgxtC6RDWgDJH8aB6WFYAry5DGC”]He added that, despite being mandated by an Act of Parliament to impose fines and sanctions of any implicated media organisations, the Constitution requires that any amendments to the sanctions would need the approval of Parliament before implementation.

“Section 72 (1) (e) of Act 775, gives the NCA the power to manage and impose fines, and I have absolutely no qualms with that. However, any L.I or Act is subsidiary to the 1992 Constitution,” Sam George said on Eyewitness News on Thursday.

“174 (2) [of the 1992 Constitution), which is where my argument is, says that where an Act enacted in accordance with Clause 1 of this Article, confers power on any person or authority (in this case the NCA), to waive or vary a tax as imposed by that Act, the exercise of the power of waiver or variation in favour of any person or authority, shall be subject to the prior approval of Parliament by resolution.”

Sam George explained that,  NCA had in 2015, reviewed the “flat fines” of GHc 1, 000 and Ghc 2,000 in addition to other sanctions that might be imposed by the regulator.

He, however stated that, despite gazetting the new sanctions of a daily fine of GHc10, 000, the NCA failed to bring them before the House for debate and approval.

“L.I 1991 set out a schedule of penalties in which it is clearly stated there that, for contraventions of your license regulatory framework, which is what the NCA is talking about, two [sanctions] are imposed. The first is a financial fine, where it’s stated clearly that for those contraventions, a flat fine ranging between 1, 000 cedis and 2, 000 cedis, and any other sanctions as the NCA or the Authority may deem fit. It means that, a financial fine has been placed, and any other sanctions could be added to it. In 2015, the NCA chose to review its schedule of penalties, which is where my argument is,” he contended.

“It did not come to Parliament in 2015. They varied the penalties from 1, 000 and 2, 000 to 10, 000 cedis a day. It didn’t come before the subsidiary legislation committee in Parliament, and before the floor of the House for approval, and that’s why I’m saying that the schedule of penalties, even though it was duly gazetted on the 25^th of April in 2015, is illegal. It did not take cognizance of Article 174 (2). They might have gazetted it, but did they seek Parliamentary approval before gazetting it”? he asked.

The stations, including Accra-based Radio Gold, Atlantis Radio and Radio XYZ, 3-FM, were either fined or had their licenses revoked by the National Communications Authority (NCA), following the completion of a nationwide FM Spectrum Audit.

Radio XYZ was fined GHc 4,090,000, Atinka FM GHc 14,800,000, while Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60, 350,000 respectively.

Accra-based Okay FM and Kumasi-based Hello FM, both under the Despite group, have since been shut down as a result of the failure to pay their fines.

He also reiterated the Minority’s assertion that the NCA was monetising free speech in the country with the huge fines.

The Minister of Communications, Ursula Owusu-Ekuful, had earlier defended the NCA’s sanctions on the floor of Parliament, stating that the regulator’s actions were backed by law.

“Clause 2(1) of the Electronic Communications Act, 2008 (Act 775) further mandates the NCA to regulate the radio spectrum designated or allocated for use by broadcasting organisations and providers of broadcasting services in accordance with the standards and requirements of the International Telecommunications Union and its Radio Regulations as agreed to or adopted by the Republic,” she said.

“These provisions give the NCA the clear mandate to manage spectrum and issue, suspend or revoke frequency authorizations, and that is simply what they seek to do. ”

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By: Edwin Kwakofi/citifmonline.com/Ghana

The post NCA’s excessive fines ‘unconstitutional’ – Sam George appeared first on Citi 97.3 FM - Relevant Radio. Always.

The Minority has described the fines handed out to the stations as excessive, adding that the NCA was trying to monetize freedom of expression.

[contextly_sidebar id=”N5Uz5KzOtROGAy5Z1rxhulY2sMBGhPqt”]Speaking on the floor of Parliament on Thursday, Ursula Owusu-Ekuful, backed the NCA’s action, stating that the accusations against the NCA were not based on logic.

“It is unfortunate, and indeed sad to suggest that adherence to the law is a threat to media plurality or that implementing regulatory provisions to manage spectrum can be equated to Nazism? That might make for a good soundbite, but is certainly deficient in logic and good sense,” she said.

“The NCA’s action in no way suppresses free speech. Its inaction, on the other hand, will be irresponsible and can lead to chaos, confusion and disorder caused by the absence of regulation that will impede the exercise of free expression. ”

The stations, including Accra-based Radio Gold, Atlantis Radio and Radio XYZ, 3-FM, were either fined or had their licenses revoked by the National Communications Authority (NCA), following the completion of a nationwide FM Spectrum Audit.

Radio XYZ was fined GHc 4,090,000, Atinka FM GHc 14,800,000, while Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60, 350,000 respectively.

Accra-based Okay FM and Kumasi-based Hello FM, both under the Despite group, have since been shut down as a result of the failure to pay their fines.

The  Media Foundation For West Africa (MFWA), expressed concerns with the sanctions, stating that the NCA itself failed in its mandate as some of the stations had been in default for over a decade.

“Why would the NCA sit down over the years, and in their own statement they indicated that some of these affected media organizations had actually failed to renew or pay whatever it is for as many as 17 years. So you ask yourself, all these years what the NCA was doing?”

However, the Communications Minister dismissed these claims, stating that radio stations which have fallen foul of the law cannot be given a pass because of the inaction of the NCA under previous administrations.

“The fact that previous Boards and Directors of the NCA (with or without the blessing of Ministers of Communication) did not enforce their rules does not mean that a new regime with a belief in the rule of law should not apply the laws of the land. There is no timetable to enforcing regulations and ensuring compliance, and it is better late than never,” Mrs. Owusu-Ekuful added.

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By: Edwin Kwakofi/citifmonline.com/Ghana

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According to her, the crackdown by the regulator on the stations as part of measures to sanitize the country’s communications sector, deserves commendation.

[contextly_sidebar id=”m6ib1782oZELt4KVLastcf3dmGMKM3lM”]Speaking to journalists after Parliament resumed sitting today [Tuesday], Ursula Owusu-Ekuful said:”We all need to recognize that the NCA has a mandate to regulate frequencies in this country and without adhering to those regulations, we run the risk of having it descend into jungle status. We spend valuable time in Parliament passing laws and we frequently bemoan our own inability or reluctance to enforce our own laws making them lose significance. That’s the difference between a civilized society and a state of nature.”

“I think that the actions of the National Communications Authority (NCA) to enforce the Electronic Communications Act passed in 2008 by this august House, is a step in the right direction and ought to be commended by all right-thinking members of society.”

The stations, including Accra-based Radio Gold, Atlantis Radio and Radio XYZ, 3-FM,were either fined or had their licenses revoked by the National Communications Authority (NCA) following the completion of a nationwide FM Spectrum Audit.

Radio XYZ was fined GHc 4,090,000, Atinka FM GHc 14,800,000, while Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60, 350,000 respectively.

‘NCA monetising press freedom’

The NCA’s sanctions have been met with mixed reactions with some groups including the Minority NDC describing the fines handed out to the stations as excessive.

According to them, the sanctions which they claim could cost up 5,000 people their jobs, amounts to an attempt to monetize freedom of expression

A statement by the Minority, signed by the Ranking Member on the Communications Committee, A.B.A Fuseini, called on the NCA to suspend the action and resort to dialogue with the affected stations.

“We urge the NCA to as a matter of urgency suspend the on-going exercise and use dialogue and more flexible means to ensure compliance with relevant regulations,” the statement said.

The  Media Foundation For West Africa (MFWA) has also expressed concerns with the sanctions, stating that the NCA itself failed in its mandate as some of the stations had been in default for over a decade.

“Why would the NCA sit down over the years, and in their own statement they indicated that some of these affected media organizations had actually failed to renew or pay whatever it is for as many as 17 years. So you ask yourself, all these years what the NCA was doing?”

–

By: Edwin Kwakofi/citifmonline.com/Ghana

The post Right-thinking Ghanaians must commend NCA – Ursula appeared first on Citi 97.3 FM - Relevant Radio. Always.

The stations, including Accra-based Radio Gold, Atlantis Radio and Radio XYZ, were either fined or had their licenses revoked by the National Communications Authority (NCA) following the completion of a nationwide FM Spectrum Audit.

[contextly_sidebar id=”kM6YpSW8tnzNyRYStbApr8obyt0TpFcK”]Radio XYZ were fined GHc 4,090,000, Atinka FM GHc 14,800,000, while Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60, 350,000 respectively.

The Minority believes the huge fines imposed on the stations were unreasonable and all but ensured the collapse of these media organisations who “ought to be acknowledged for their invaluable contributions to the growth of our democracy.”

A statement by the Minority, signed by the Ranking Member on the Communications Committee, A.B.A Fuseini, called on the NCA to suspend the action and resort to dialogue with the affected stations.

“We urge the NCA to as a matter of urgency suspend the on-going exercise and use dialogue and more flexible means to ensure compliance with relevant regulations,” the statement said.

“This, we believe, will avert a situation where monetary value is placed on the right to free expression with its attendant difficulties.”

According to the Minority, the use of past breaches of regulations as the basis for the sanctions imposed on the stations, was unfortunate and “poses a mortal danger to the expansion of the frontiers of free expression.”

“Regulatory enforcement ought to be undertaken in a reasonable manner that factors in the fragilities inherent in the operations of many radio stations,” the statement from the Minority added.

‘5,000 jobs at risk’

The Minority also lamented that the sanctions could deprive up to 5, 000 people of their jobs.

They described the development as troubling, and one that could have “grave implications for press freedom and media pluralism.”

“The NCA does not also appear to have considered the deleterious impact this will have on jobs in the sector. We estimate that close to 5,000 people working in the affected stations will be rendered jobless should the current action persist.”

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By: Edwin Kwakofi/citifmonline.com/Ghana

The post NCA ‘monetising free speech’ with sanctions – Minority appeared first on Citi 97.3 FM - Relevant Radio. Always.

“The NCA does not also appear to have considered the deleterious impact this will have on jobs in the sector. We estimate that close to 5,000 people working in the affected stations will be rendered jobless should the current action persist,” a statement by the Minority, signed by the Ranking Member on the Communications Committee, A.B.A Fuseini said.

[contextly_sidebar id=”7PUEcPaRLYKk2sVa4IQieUClR7KXgtmd”]”This will only serve to worsen the precarious unemployment situation and add to the hardships Ghanaians are going through.”

The stations including Accra-based Radio Gold, Atlantis Radio and Radio XYZ, were either fined or had their licenses revoked by the National Communications Authority (NCA) following the completion of a nationwide FM Spectrum Audit.

In the case of Radio Gold and Atlantis, they are to pay in excess of Ghc120 million in fines.

In the statement which was released on Friday, the Minority also described the development as troubling, and one that could have “grave implications for press freedom and media pluralism.”

“These actions by the NCA threaten to roll back the gains made so far in entrenching a vibrant media culture. While we acknowledge the NCA’s right to regulate the communications sector in a manner that ensures compliance with appropriate regulations, we are alarmed by the sweeping and heavy-handed approach under the current exercise.”

The Minority also suggested that, the sanctions imposed on the stations were an attempt to silence the radio stations that were seen to have opposed the New Patriotic Party (NPP).

“The current revocation and sanctions regime appears to be monetizing the right to free expression and could be construed as an effort to exact retribution particularly against stations that have traditionally been ideologically opposed to the current NPP administration,” the statement added.

‘Pay up or fold up’

A number of the stations have been given 30 days to settle their indebtedness or submit the relevant documentation as indicated in the letters sent them by the NCA.

Of the notable stations, Radio XYZ has been fined GHc 4,090,000, Atinka FM fined GHc 14,800,000 whiles Radio Gold and Atlantis Radio picked up the heftiest fines with GHc 61,330,000 and GHc 60,350,000 respectively.

A further 13 FM Authorisation Holders have been issued with reprieves as pertains to their authorisations

Find below the full statement by the Minority

STATEMENT BY MINORITY ON HIGH-HANDED REGULATORY SANCTIONS AGAINST SELECTED MEDIA HOUSES BY THE NATIONAL COMMUNICATIONS AUTHORITY

The Minority in Parliament has learnt with grave concern, of an on-going exercise by the National Communications Authority (NCA) under which selected media houses have been subjected to very steep regulatory sanctions.

It is our understanding that, about 131 radio stations have either had their authorization revoked, which means they have been taken off air, or have been slapped with very draconian fines running into tens of millions of Ghana cedis in some instances. Other kinds of sanctions have been applied in a variety of cases.

We are deeply troubled by this development which has grave implications for press freedom and media pluralism.These actions by the NCA threaten to roll back the gains made so far in entrenching a vibrant media culture.

While we acknowledge the NCA’s right to regulate the communications sector in a manner that ensures compliance with appropriate regulations, we are alarmed by the sweeping and heavy-handed approach under the current exercise.

The situation where alleged breaches of regulations dating back several years are suddenly cited as basis for the near-summary closure of radio stations and humongous fines, poses a mortal danger to the expansion of the frontiers of free expression.

Radio has become a foremost means of expression by large sections of our citizenry since the liberalization of the airwaves at the beginning of the current democratic dispensation. Entities operating within that space, therefore, ought to be acknowledged for their invaluable contributions to the growth of our democracy.

Regulatory enforcement ought to be undertaken in a reasonable manner that factors in the fragilities inherent in the operations of many radio stations.

The current revocation and sanctions regime appears to be monetizing the right to free expression and could be construed as an effort to exact retribution particularly against stations that have traditionally been ideologically opposed to the current NPP administration.

We are at a loss as to how millions of Ghana cedis can be imposed as fines on radio stations, failing which their authorization will be revoked only to have them sold to other entities for GHS 30,000.

The NCA does not also appear to have considered the deleterious impact this will have on jobs in the sector. We estimate that close to 5,000 people working in the affected stations will be rendered jobless should the current action persist.

This will only serve to worsen the precarious unemployment situation and add to the hardships Ghanaians are going through.

In light of the foregoing, we urge the NCA to as a matter of urgency suspend the on-going exercise and use dialogue and more flexible means to ensure compliance with relevant regulations.

This, we believe, will avert a situation where monetary value is placed on the right to free expression with its attendant difficulties.

Signed,
Alhaji A.B.A. Fuseini (MP)
Ranking Member, Communications Committee.

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By: Edwin Kwakofi/citifmonline.com/Ghana

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34 of them who are said to be operating illegally in the country following the expiration of their license have had their licenses revoked.

Some of the radio stations according to the NCA, have refused to renew their license for close to 17 years. But it is unclear why the NCA has allowed these illegalities to persist for years.

NCA said it took the decision after conducting a “spectrum audit” into the radio space.

“The National Communications Authority (NCA) has sanctioned a total of 131 FM Authorisation Holders found to have committed various infractions pertaining to their authorisations to operate as contained in Section 13 of the Electronics Communications Act (2009), Act 775,” NCA said in a statement.

The NCA aside revoking the license of 34 radio stations, also fined others to the tune of GHc1.24 billion.

According to the Authority, per laws governing the media space, an amount of GHc10,000  is charged daily on radio stations that refuse to renew their license after its expiration.

Below is an infographic of the 131 radio stations sanctioned and their offences:

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