The Board early last week asked Dr. Anorff-Ntow to proceed on leave following what it described as his poor handling of the TV license fee saga.

The duration of the leave, according to the Board, will depend on consultations with the NMC.

Background

Concerns over the TV license regime followed the Chief Justice’s setting up of special TV license courts across the country to prosecute people who refuse to pay the mandatory TV license fees in line with the TV licensing Act.

Domestic TV users were asked to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets were required to pay an annual sum of between GHc60 to GHc240.

Following the setting up of the special court, it was expected that defaulting TV owners or operators will be prosecuted per Section 1(a) of the TV licensing Act 1966 (NLCD 89) with defaulters facing a fine or a prison term not exceeding one year.

But a statement from the Board stopped the prosecutions even before they occurred.

The Board also urged the National Media Commission (NMC) to explore a more sustainable funding module for the GBC.

During the back and forth, the GBC Director angered the public further when he suggested that persons who consumed TV content via smart phones were also going to pay the license fees.

Several pressure groups and civil society organisations kicked against the TV license regime, particularly the threat to use the court to ensure compliance.

In the midst of the arguments however, some individuals thronged GBC Revenue collection points to pay the fees. Regardless of this, the GBC Boss was asked to proceed on leave.

The statement from the NMC is below

DEVELOPMENTS AT GHANA BROADCASTING CORPORATION

The National Media Commission (NMC) has noted developments at the Ghana Broadcasting Corporation (GBC) and has been in communication with all the parties in the current dispute. It is the understanding of the Commission that the Director-General was directed by the GBC board to proceed on leave. The reason given by the board was to enable it to investigate matters relating to the setting up of courts to prosecute TV license defaulters.

The NMC recognizes the board’s authority to determine matters of leave relating to the Director-General. However, the Commission has directed the board to determine the matters before it and to report to the Commission within one month in order to inform NMC’s decisions relating to all the issues at stake.

In the interim, the NMC has also asked the GBC board to appoint an acting Director-General from within the management of the corporation in place of the current arrangement of an Interim Management Committee (IMC).

The Commission assures all parties and the public that the NMC remains committed to insulating the state-owned media from governmental control. At the same time, the commission shall at all times ensure that proper corporate governance principles pertain in all the state-owned media.

NANA KWASI GYAN-APENTENG

CHAIRMAN

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By: Marian Ansah/citifmonline.com/Ghana

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According to the GJA, it is of the belief that the governing board of GBC overstepped its powers since it was not the appointing the authority.

The Association in a statement urged the National Media Commission to invoke its powers and recall the Director General, Dr Annof – Ntow, who was asked to proceed on leave by the Board because he acted without regard to the structures of the state broadcaster in the TV license prosecution mater.

Earlier this week, the governing Board of the Ghana Broadcasting Corporation (GBC), asked Dr. Akuffo Annof-Ntow to proceed on leave with immediate effect.

The directive according to the Board Chairman of GBC, Reverend Professor Emmanuel Addo-Obeng, was agreed upon on Monday, January 15, 2018.

He explained in an interview on Radio Ghana that the decision follows the Director-General’s handling of the TV license issue.

The decision to ask Mr. Annof-Ntow to vacate his position came at a time when he had come under fire for getting the Chief Justice to set up some 11 courts nationwide to prosecute defaulters of TV license fees.

The expected prosecution of defaulters was subsequently suspended following an earlier directive by the GBC board.

When asked how long the Director-General is supposed to be on leave, Professor Addo-Obeng said, “All this will depend on consultation with NMC.”

“We are going to immediately engage NMC to discuss a whole lot of issues affecting GBC and the future of the state broadcaster,” he added.

According to the GBC Board Chairman, one board member and two directors of the GBC are supposed to steer the affairs of the state broadcaster until the issues are ironed out.

The Ghana Journalists Association in its statement “appeals to the NMC, to as a matter urgency, intervene in the developments at GBC and recall the Director-General from leave. The NMC as an independent constitutional body has the prerogative to take its own decision.”

Read the statement below:

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According to him, if the NMC, which has constitutional oversight over GBC had taken sides and stated how the TV license fees should be implemented, the Director-General would not have been asked to proceed on leave with immediate effect.

The governing board of the Ghana Broadcasting Corporation [GBC], has asked the Director-General of the Corporation, Dr. Akuffo Annof-Ntow to proceed on leave.

The directive according to the Board Chairman of GBC, Reverend Professor Emmanuel Addo-Obeng, was agreed upon on Monday, January 15, 2018, following his handling of the TV license issues.

Speaking on Eyewitness News  on Tuesday, Sulemana Braimah said he was surprised when he heard the Director-General had been relieved of his position by the Board, saying that to the best of his knowledge, the appointing authority which the NMC,  is responsible for such actions.

“I was particularly surprised when I heard the news about the DG being asked to proceed on a leave by the board, because the first question I asked myself is that, unlike other institutions where you have the board being the appointing authority, in this particular instance, it is NMC that is the appointing authority, so to what extent can we have the NMC appointing and the board of the corporation which in itself was constituted by the NMC being the one taking the decision to relieve the DG of his post, it is actually a convoluted matter and so far I am yet to hear the NMC position,” he said.

Concerns over the TV license regime followed the Chief Justice’s setting up of special TV license courts across the country to prosecute people who refuse to pay the mandatory TV license fees in line with the TV licensing Act.

Domestic TV users are to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets are to pay an annual sum of between GHc60 to GHc240.

Following the setting up of the special court, it was expected that defaulting TV owners or operators will be prosecuted per Section 1(a) of the TV licensing Act 1966 (NLCD 89) with defaulters facing a fine or a prison term not exceeding one year.

But a statement from the Board stopped the prosecution even before they occurred.

The board also urged the National Media Commission (NMC)  to explore a more sustainable funding module for the GBC.

During the back and forth, the GBC Director angered the public further when he suggested that persons who consumed TV content via smart phones were also going to pay the license fees.

Several pressure groups and civil society organisations kicked against the TV license regime, particularly the threat to use the court to ensure compliance.

In the midst of the arguments however, some individuals thronged GBC Revenue collection points to pay the fees.

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The directive according to the Board Chairman of GBC, Reverend Professor Emmanuel Addo-Obeng, was agreed upon on Monday, January 15, 2018.

He explained in an interview on Radio Ghana that the decision follows the Director-General’s handling of the TV license issue.

[contextly_sidebar id=”xd2wOnRod0A4UbpAsMLmpYGLxADTN9fm”]He said the National Media Commission, has been duly notified of the directive.

Dr. Annof-Ntow had come under fire for getting the Chief Justice to set up some 11 courts nationwide to prosecute defaulters of TV license fees.

The expected prosecution of defaulters was subsequently suspended following an earlier directive by the GBC board.

When asked how long the Director General is supposed to be on leave, Professor Addo-Obeng said “All this will depend on consultation with NMC.”

“We are going to immediately engage NMC to discuss a whole lot of issues affecting GBC and the future of the state broadcaster,”he added.

According to the GBC Board Chairman, one board member and two directors of the GBC are supposed to steer the affairs of the state broadcaster until the issues are ironed out.

“We have put an interim management committee in place with a board member and two directors of GBC to hold the fort while this  consultation goes on,” he added.

Divisional Union Chairman of GBC, Michael Allotey, who also spoke on Radio Ghana’s Behind the News programme seemed unhappy with the directive by the board but called for calm.

“As a Union we need to engage our people urging them to take it calm because it is a board decision but we will meet properly to tell the world our position. I also take this opportunity to urge workers to remain calm.”

“Except that sometimes it is challenging because the question is after DG what next? GBC has a problem and it has to be solved. I think it is time the nation decides what to do with the national broadcaster. It is either they keep it as a private entity or we continue to keep on the focus as a national broadcaster,” he added.

Concerns over the TV license regime followed the Chief Justice’s setting up of special TV license courts across the country to prosecute people who refuse to pay the mandatory TV license fees in line with the TV licensing Act.

Domestic TV users are to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets are to pay an annual sum of between GHc60 to GHc240.

Following the setting up of the special court, it was expected that defaulting TV owners or operators will be prosecuted per Section 1(a) of the TV licensing Act 1966 (NLCD 89) with defaulters facing a fine or a prison term not exceeding one year.

But a statement from the Board stopped the prosecution even before they occurred.

The board also urged the National Media Commission (NMC)  to explore a more sustainable funding module for the GBC.

During the back and forth, the GBC Director angered the public further when he suggested that persons who consumed TV content via smart phones were also going to pay the license fees.

Several pressure groups and civil society organisations kicked against the TV license regime, particularly the threat to use the court to ensure compliance.

In the midst of the arguments however, some individuals thronged GBC Revenue collection points to pay the fees.

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By: Godwin Akweiteh Allotey/citifmonline.com/Ghana
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In a statement, the GJA said some of the arguments on the matter have been made without sound logic.

[contextly_sidebar id=”RSFiGvwQejkyItXf1ArV37cTezqEYCdb”]”The GJA is deeply concerned that some of the arguments advanced for or against the payment of TV License fee are founded on emotional effusions, rather than sound legal and empirical reasoning. Such approach and analysis will not enrich the debate for the betterment of the country.”

Concerns over the TV license regime followed the Chief Justice’s setting up of special TV license courts across the country to prosecute people who refuse to pay the mandatory TV license fees in line with the TV licensing Act.

Domestic TV users are to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets are to pay an annual sum of between GHc60 to GHc240.

GBC still needs revenue

Despite the fact the TV License regime has been described as obsolete, the GJA also intimated that the GBC still needed to survive regardless, hence the need for the revenue.

“We appreciate the fact that the law on TV license fee, which was enacted 52 years ago at a time GBC enjoyed monopoly, may have been overtaken by technology and media pluralism, for which reason it may have to be amended. But we also believe that technological advancement and liberalisation of the broadcast industry do not by their sheer force, strip GBC of its character as a public broadcaster that requires financial oxygen such as TV license fee to survive,” the statement said.

While making a case for the GBC, the GJA also stressed the need for the national broadcaster to address issues having to do with quality content and programming.

“Although the law on TV License fee is not essentially about content, the need for quality public service content cannot be trivialized. We therefore urge the national broadcaster to endeavor to improve its content and the quality of its service,” the statement added.

Find the full statement below

GJA CALLS FOR DISPASSIONATE DEBATE ON PAYMENT OF TV LICENSE FEE

The Ghana Journalists Association (GJA) has been following with keen interest the current debate on the payment of TV License fee to the Ghana Broadcasting Corporation (GBC). The debate, which began a few years ago, has been rekindled by the recent decision of the Chief Justice to designate special courts in the 10 regions of the country for the prosecution of defaulters of the law.

The payment of TV license fee in Ghana was established in 1966 by the Television Licensing Act, 1966 (NLCD 89). Since then, there have been many amendments to the law and regulations enacted for its implementation.

The GJA is deeply concerned that some of the arguments advanced for or against the payment of TV License fee are founded on emotional effusions, rather than sound legal and empirical reasoning. Such approach and analysis will not enrich the debate for the betterment of the country. It is, therefore, important for all to situate the issues of TV license fee in their proper contexts.

We appreciate the fact that the law on TV license fee, which was enacted 52 years ago at a time GBC enjoyed monopoly, may have been overtaken by technology and media pluralism, for which reason it may have to be amended. But we also believe that technological advancement and liberalisation of the broadcast industry do not by their sheer force, strip GBC of its character as a public broadcaster that requires financial oxygen such as TV license fee to survive.

Without a doubt, GBC has undertaken and continues to undertake good public service programmes in fulfillment of its mandate. Examples are the live telecast of the Supreme Court Election Petition hearings in 2013 and the Parliamentary Public Accounts Committee sittings. Despite its shortcomings, GBC has the widest reach of all broadcast media in the country, serving the remotest parts.

The 1992 Constitution of Ghana, specifically Articles 55(11), (12) and 163, imposes some critical responsibilities on the state-owned media, including the GBC. In view of the need to discharge such overwhelming constitutional obligations (regardless of the current high density of media pluralism), and considering the precarious financial disposition of GBC, it will be proper to embrace the payment of TV license fee for the survival of the national broadcaster.

While making a case for the GBC, the GJA also appreciates the need for the national broadcaster to address critical concerns of the public regarding quality content and programming. Although the law on TV License fee is not essentially about content, the need for quality public service content cannot be trivialised. We therefore urge the national broadcaster to endeavour to improve its content and the quality of its service in order to acquire the social license that would encourage the payment of TV license fee.

Globally, there are many TV license regimes from which Ghana can take a cue to enrich the current debate. The US, UK, Japan, France, Germany, and Italy offer a variety of examples of funding mixes for public service broadcasting.

As a nation we, therefore, need to be very dispassionate in the current debate, deepen public education, stop the partisan twists and help establish a suitable funding mechanism which will sustain the GBC and financially empower it to serve the public interest better.

TO ALL MEDIA HOUSES

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By: Delali Adogla-Bessa/citifmonline.com/Ghana

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This, he believes will help GBC effectively discharge its role as a public broadcaster.

[contextly_sidebar id=”6a77MrVl0L2rVOcsFgIr0BsTEK2heSpd”]The setting up of a special court by the Chief Justice to prosecute people for non-payment of TV license fees to the state broadcaster, has been met with mixed reactions.

While some have suggested that agencies like Ghana Standards Authority or the Ghana Revenue Authority should take charge of the collection of TV license fees instead of GBC, others have argued that the move is needless, given the fact that other countries are gradually moving towards abolishing the fees.

GBC has a crucial role

However, speaking on the Point Blank segment of Eyewitness News  on Thursday, Mr. Adom-Otchere took a different position, arguing that public broadcasting is a very important element in democratic development, hence the need for GBC to be supported financially to carry out its mandate.

“It is in support of establishing an institution called the public service broadcaster and a public service broadcaster  is a necessary institution for any development agenda especially of a developing country. All over the world, countries that have developed have always maintained a public service broadcaster.”

Unfounded criticisms

Mr. Adom-Otchere believes criticisms against the license fees and GBC in general, are unfounded, since the state broadcaster has over the years been denied the requisite resources needed to effectively discharge its duties.

“I get a sense of a very high rebellion on social media against the principle and I think the rebellion against state institutions must be measured. We should channel our energies of rebellion against politicians who are either corrupt or incompetent, but these regular rebellion against state institutions in the case of GBC now I am not sure it is sufficiently founded.”

“I have heard people say they will not pay because the content is poor, and I agree that the content is poor, but why is the content poor? Perhaps the content is poor because for the longest time, we have not been able to pay TV license. Any Ghanaian who is above the age of 20, or above the age of 40 would have had historically in his life, a certain memory GBC has brought into your home. GBC has covered all these events historically but we have not paid for it so if you look at it you can even consider that you are paying for the historical event for GBC …”

Some critics have suggested that the payment of TV License fees will not necessarily improve GBC’s content to enable them compete favourably.

No need for competition

Mr. Adom Otchere indicated that, “GBC ought not to be part of the competition” involving other media houses.

He believes GBC should rather be singled out as a state broadcaster and be equipped with the necessary resources to effectively deliver on its mandate.

“GBC ought not to be part of the competition -that is the whole point of a public service broadcaster. Take them out, strengthen them and let them be the public service broadcaster. Let them not worry about competition.”

GBC officially reintroduced the collection of the TV Licence fees in 2015, after years of putting it on hold due to non-payments.

Domestic TV users are to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets are to pay an annual sum of between GHc60 to GHc240.

Officers at the some Revenue Offices of the Ghana Broadcasting Corporation (GBC), have said payments of TV license fees have been encouraging for the past few days.

This is how the TV License revenue is to be shared

GBC – 72%
GIBA – 15%
NMC – 4%
Media Development Fund – 4%
Films Fund – 2%
Management of TV Licence Fee (GBC) – 3%

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By: Marian Ansah/citifmonline.com/Ghana
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GHAMRO is an organisation registered under the laws of Ghana and further authorized by law to basically license, collect and distribute royalties for and on behalf of musicians/authors, composers and producers/publishers of musical works.

[contextly_sidebar id=”fHok0FG07rW2QbgyIAQVTKGtQWY6Gj77″]The suit comes at a time when specialized courts have been set up by the Chief Justice across the ten regions to prosecute persons who default in the payment of mandatory TV license fees, which is being demanded by the state broadcaster, despite public opposition to it.

In its statement of claim captured in the suit, GHAMRO argued that, the state broadcaster had defaulted in the payment of royalties for over five years in spite of promptings to do so.

“The royalties-indebtedness of the defendant for the whole of 2014, 2015, 2016 and 2017, remains unpaid by the defendant,” GHAMRO stated in the suit.

GHAMRO further argued that GBC had failed to obtain licenses for the “use, communication and/or public performance of musical works to the public in spite of promptings.”

GHAMRO believes GBC “would not obtain user-licenses for 2016 and thereafter for the uses and/or performance of musical works to the public unless compelled by the Honourable Court to do so.”

The following are the Reliefs being sought by GHAMRO

A declaration that the failure of the defendant (GBC) to obtain user licenses for the communication, use/performance of musical works to the public via GTV and its affiliates constitutes infringement.

An order to compel the defendant to pay 5% of revenue earned from the use, communication and/or performance of musical works to the public for 2014, 2015, 2016, and 2017, via GTV , GTV24 and other affiliates.

An order to compel the defendant to obtain user licenses for the performance of musical works to the public via GTV and its affiliates

Perpetual injunction to restrain the defendant from the unbridled use of musical works of members/ assigns of plaintiff organisation without authorization.

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By: Marian Ansah/citifmonline.com/Ghana
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OccupyGhana in a statement said the Ghana Broadcasting Corporation (GBC), must focus on introducing new laws that take modern trends into consideration.

[contextly_sidebar id=”xizS8Dm8wuAHTg8IcCWUFP9g3rGrOTO0″]”What is required is not a forcible re-implementation of it, but a root-and-stem review that repeals the existing law and regime, and, if necessary, introduce a new statute and regime that takes the current realities in broadcasting into account,” the group stated.

Ghana’s TV licensing Act 1966 (NLCD 89)  defines a television receiving set as “an apparatus constructed solely for the reception of pictures (with or without sound) transmitted by radio,” of which owners are to pay the license fee.

But in OccupyGhana’s view, the law “rules out the vast majority of apparatuses (Smart TVs, phones, pads, tablets, etc.) that are currently in use, and which are manufactured to receive and process more than just pictures.”

“The reality is that a strict application of a law that is based on 1966 technology, to 2017 apparatuses would leave the licensing authority with precious little or almost nothing to enforce the license against.”

Occupy Ghana, in the statement, also said there was “no constitutional or statutory basis” for the GBC to be retaining the revenue collected, “and then determining how to use it, outside laws passed and appropriations made by Parliament.”

The GBC retains 72 percent of the fees collected, and the corporation’s former Director, William Ampem Darko, argued the state broadcaster could shut down without the fees due to its financial challenges.

The group further argued that because of the proliferation of media organizations, GBC was not the only source of public information “for it to warrant an automatic right to TV Licence Fees and to be able to produce and broadcast public information.”

Others like a law Lecturer at the Ghana Institute of Management and Public Administration (GIMPA) Faculty of Law, Clement Akapame, have suggested that agencies like Ghana Standards Authority or the Ghana Revenue Authority should take charge of the collection of TV license fees instead of the GBC.

A pro-NPP pressure group, the Alliance for Accountable Governance (AFAG), also kicked against attempts to enforce the TV license regime and said it would not allow Ghanaians to be bullied into paying the fee especially for those who consume TV on phones.

AFAG also contended that the State was criminalizing the citizenry over a system that is being abandoned all over the world.

Concerns over the TV license regime followed the Chief Justice’s setting up of the special TV license courts handle people who refuse to pay the mandatory TV license fees in line with the TV licensing Act.

Domestic TV users are to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets are to pay an annual sum of between GHc60 to GHc240.

Find here the full OccupyGhana statement

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Officials have attributed the development to the to setting up a special TV License Court to deal with offenders, as well as discussions on the matter.

[contextly_sidebar id=”4HKCPjTnOsyxezeA2xPMr6mGX9FPA17g”]Residents from some parts of the Ashanti Region trooped to the Kumasi GBC Revenue Office either to register or pay for the TV License fees when Citi News visited the facility on Wednesday, January 03, 2018.

Officers were also seen assisting persons who had gone to pay the fee.

82-year old Daniel Bryan Kwadwo Bomfo, a retired Senior High Court Registrar who joined the long queue paid an amount of Ghc 36 as a license fee for his one Television set for the period of one year.

As someone who has worked in the court before, Mr. Bomfo said he never wanted to fall foul of the law.

“As a senior High Court Registrar, I don’t want to be to be sent to my own court, to stand before my own judge to be prosecuted. It will be a disgrace to me, so that is why I have come to pay my TV license fee”.

He called on Ghanaians to pay the fees to enable the state broadcaster generate enough revenue to be able to improve its programming and content.

Several other people had joined the queue to go through the process for fear of being prosecuted.

Another man who spoke to Citi News said “I heard it on the radio that the Chief Justice is likely to prosecute those who violate the law. So that is why I have come to pay because no one wants to go to jail”.

Some residents on the streets of Kumasi held opposing views on the payment of the fees.

They questioned the decision to give a chunk of the TV license fee to the state broadcaster since it has done little to satisfy the citizens.

A finance staff at the Revenue office, Anthony Kabah, disclosed that payment of the fee has been encouraging after an announcement to set up special courts to deal with offenders.

He indicated that the concept of the TV license was not meant to punish the people, but it was their civic right to pay taxes to the nation.

Mr. Kabah stressed that the law clearly states the license is collected because of ownership and not content. He thus appealed to the general public to partner the GBC towards nation building.

The Chief Justice has appointed a Circuit Court two judge, Her Honor Patricia Amponsah to head the special TV license court in the Ashanti Region.

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By: Hafiz Tijani/Citifmonline.com/Ghana

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Speaking to Citi News, he said it would be unreasonable to expect the courts start prosecuting people immediately.

[contextly_sidebar id=”sfX1gMdZ4IfyMvltGECe7myZcOELfNwr”]He said the Corporation’s focus is to educate Ghanaians to voluntarily pay the TV license fees.

Dr. Annor-Ntow also noted that people ultimately required time to renew and pay their license, and that the State’s objective is “not to punish people needlessly.”

“We are not prosecuting anybody [today, Thursday]. The first option is to allow people to go and pay voluntarily. To the extent that it is a law, its enforcement will include that people will default and in the event of deliberate defaults… the possibility exists that you will be prosecuted but that is not our preference.”

In his view, adopting a punitive posture would not be a sustainable way of handling the TV license issue.

“If a person is supposed to paying a TV license for the whole year, why do you arrest such a person on January 4 because a court has been established? It simply doesn’t wash… You can even pay GHc 3 for 12 months. So if I am able to pay GHc 3 and you come and I show you the GHc 3 payment, you can’t effect an arrest because I have paid for the month.”

“If you want people to pay voluntarily, you want to advise them and convince them and bring them along… that is the route we want to adopt. To the extent that it is a law, we want to see it through to the end and to remind the general public that the possibility of prosecution exists” Dr. Anoff-Ntow said.

Background

The Chief Justice set up the special TV license courts to deal with people who refuse to pay the mandatory TV license fees in line with the TV licensing Act 1966 (NLCD 89).

The law notes that, “any person who contravenes any provision of this law or regulation shall be guilty of an offence and shall be liable on conviction to a fine or to imprisonment for a term not exceeding one year.”

The courts, numbering 11, are located across all the ten regions of the country, and are to sit every Thursday with effect from 4th January 2018.

GBC officially reintroduced the collection of the TV Licence fees in 2015 after years of putting it on hold due to non-payments.

Domestic TV users are to pay between GHc36 and GHc60 for one or more TV sets in a household, while TV set repairers and sales outlets are to pay an annual sum of between GHc60 to GHc240.

GBC had in the last two years since the re-introduction, appealed to Ghanaians to voluntarily make their payments.

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By: Caleb Kudah & Delali Adogla-Bessa/citifmonline.com/Ghana

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