AFRICAN MEDIA BAROMETER GHANA Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS: In 1992, the republican constitution of Ghana was accepted through a national referendum. This was after Ghana’s longest period of military rule from 1981 to December 1992. The first multi-party elections were conducted in December 1992, giving recognition to the constitution. Since then, the country has successfully conducted three elections, which have been declared to be transparent, free and fair. During this period democracy has been gradually consolidated through the building of democratic institutions, the growth of a liberal civil society environment and a generally democratically acceptable political environment critical to economic development and social cohesion. The 1992 constitution guarantees freedom of expression broadly in Chapter Five Article 21. Chapter 12 article 162 (1) of the constitution specifically stipulates: “Freedom and independence of the media are hereby guaranteed”. The following clauses state that “there shall be no censorship in Ghana”; “no impediments to the establishment of private press or media; and in particular, there shall be no law requiring any person to obtain a licence as a prerequisite to the establishment” of any media. Chapter Twelve also obliges parliament to establish a National Media Commission to be responsible, among others, for the upholding of journalistic standards and the “insulation” of the state-owned media from government control. The Commission was created by the National Media Commission Act in 1993. The National Communications Authority (NCA) is responsible for allocating frequencies for broadcasting operations, in accordance with the National Communications Authority Act (1993). The granting of frequencies is necessitated by the fact that they are a scarce and limited national resource and is therefore not seen as “licensing” which would be unconstitutional. There have been discussions, though, on whether the allocation of frequencies by a statebody like the NCA does not constitute an indirect limitation of broadcasting activities. Foreign radio stations, for example, have been granted frequencies 1