African Media Barometer Ghana 2013 Summary Ghana’s 1992 Constitution guarantees and provides strong protection for the right to freedom of expression as well as media freedom and independence. In very elaborate provisions relating to the media, the Constitution underscores the critical role of the media as the watchdog of society and states: “All agencies of the mass media shall, at all times, be free to uphold the principles, provisions and objectives of this Constitution, and shall uphold the responsibility and accountability of the Government to the people of Ghana.” The existence of the National Media Commission (NMC), a body established by the Constitution to regulate the media and protect media freedom and independence, is a major pillar of media independence in Ghana as it shields state-owned media organisations, as well as private media outlets, from political interference in their editorial processes. However, freedom of expression and media freedom continue to face some legal challenges in the light of Article 164 of the Constitution, which makes some of the guarantees of these freedoms subject to “laws that are reasonably required in the interest of national security, public order, public morality and for the purpose of protecting the reputations, rights and freedoms of other persons”. While these may be seen as legitimate restrictions consistent with international norms and standards, the Criminal and Other Offences Act, which has been in force since 1960, is seen as presenting a “new threat” to freedom of expression as law enforcement agents have recently restricted free speech by taking advantage of a provision in the penal law that criminalises speech or any other information dissemination that promotes fear or alarm. Section 208 of the Criminal and Other Offences Act criminalises “any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb public peace, knowing or having reason to believe that the statement, rumour or report is false”. The absence of a Broadcasting Act and the failure of the Ghanaian government and Parliament to pass the Right to Information Bill, both of which have been long in the making, considerably weaken the legal environment for media operations and the exercise of the right to freedom of expression. AFRICAN MEDIA BAROMETER GHANA 2013 7