SECTOR 1 Freedom of expression, including freedom of the media, is effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. The 1992 Constitution of the Republic of Ghana says in its article 21 (1) (a): All persons shall have the right to freedom of expression, which shall include freedom of the press and other media. The constitution also contains a special chapter on “Freedom and Independence of the Media”. Article 162 (1) stipulates unequivocally that “freedom and independence of the media are hereby guaranteed” and article 162 (5) expressly acknowledges the media’s role as a watchdog over state authorities: All agencies of the mass media shall, at all times, … uphold the responsibility and accountability of the Government to the people of Ghana. There are, however, provisions for limitations on freedom of expression generally. Article 21 (4) (e) allows such restrictions if they are … reasonably required for the purpose of safe-guarding the people of Ghana against the teaching or propagation of a doctrine which exhibits or encourages disrespect for the nationhood of Ghana, the national symbols and emblems, or incites hatred against other members of the community… The latter limitation is said to be necessary because – as one panelist put it – “inciting ethnic issues could bring us to the brink of civil war”. Article 164 says that the freedom and independence of the media … are 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 article 165 adds that this and other provisions under this chapter “shall not be taken to limit the enjoyment of any of the fundamental human rights and freedoms guaranteed under … this constitution”, there is some concern that “anybody could operationalise these limitations. If the executive wants it, they 10 AFRICAN MEDIA BAROMETER GHANA 2011