SECTOR 3 3.5 The editorial independence of the state/public broadcaster from political influence is guaranteed by law and practised to ensure balanced and fair news and current affairs programmes. Article 167 of the Constitution, which highlights the functions of the NMC, guarantees the independence of the state/public broadcaster through the independent regulation of the NMC, which is tasked with “insulating the stateowned media” from government influence. Parts (a) to (c) of this Article read: The functions of the National Media Commission are: a. to promote and ensure the freedom and independence of the media for mass communication or information; b. to take all appropriate measures to ensure the establishment and maintenance of the highest journalistic standards in the mass media, including the investigation, mediation and settlement of complaints made against or by the press or other mass media; c. to insulate the state-owned media from governmental control. In addition, Article 163 of the Constitution calls for fairness by the state-owned media, by prescribing that: “All state-owned media shall afford fair opportunities and facilities for the presentation of divergent views and dissenting opinions.” Parts (11) and (12) of Article 55 of the Constitution, which deals with political parties, also speaks to the fair treatment of all political parties by state-owned media: (11) The state shall provide fair opportunity to all political parties to present their programmes to the public by ensuring equal access to the state-owned media. (12) All presidential candidates shall be given the same amount of time and space on the state-owned media to present their programmes to the people. Case law has also set the precedent for the fair treatment of different political parties, per the 1993 case of the New Patriotic Party (NPP) vs. Ghana Broadcasting Corporation (GBC)2, in which the court ruled in NPP’s favour, emphasising the importance of the neutrality of the national broadcaster. However, while these guarantees exist in law, in practice, this is not always the case, “influence on the ground cannot be denied.” 2 52 The NPP took the GBC to court after the national broadcaster denied time on air to a political candidate to share their views on the national budget of 1993, and to respond to the justification provided by the ruling party at the time. AFRICAN MEDIA BAROMETER GHANA 2017