SECTOR 1

could restrict freedom of expression and use laws hidden in the
statute books”.

“If the
executive
wants it, they
could... use
laws hidden
in the statute
books ”

The constitution provides for the establishment of a National
Media Commission (NMC) with the mandate to “promote and
ensure the freedom and independence of the media for masscommunication or information” (article 167). The commission’s
main tasks are to “ensure the establishment and maintenance
of the highest journalistic standards in the mass media” and to
“insulate the state-owned media from government control”.
The NMC is mandated to deal with complaints from the public
against the media and to appoint the board members of stateowned media. It is, however, not allowed to “exercise any control
or direction over the professional functions of a person engaged in the production
of newspapers or other means of communication” (article 173). (More details
under indicators 2.4 referring to state-owned print media, 3.4 referring to the
national broadcaster, and 4.1 referring to self-regulation of the media.)

According to article 166 of the constitution the NMC consists of fifteen members:
(a) 		
(i) 		
(ii) 		
(iii)		
(iv)		
(v)		
(vi)		
(vii)
		
(viii)
(b) 		
(c) 		
(d) 		

one representative each nominated by
the Ghana Bar Association;
the Publishers and Owners of the Private Press;
the Ghana Association of Writers and the Ghana Library Association;
the Christian group (the National Catholic Secretariat, the Christian
Council, and the Ghana Pentecostal Council)
the Federation of Muslim Councils and Ahmadiyya Mission;
the training institutions of journalists and communicators;
the Ghana Advertising Association and the Institute of Public
Relations of Ghana; and
the Ghana National Association of Teachers;
two representatives nominated by the Ghana Journalists Association;
two persons appointed by the President; and
three persons nominated by Parliament.

Representatives from organisational clusters are appointed for three years on a
rotational basis. Their terms are independent from those of governments making
sure that members are not replaced whenever the ruling party changes.
In spite of some reservations expressed by some of the panelists regarding the
structure and level of openness for selection of members, there was consensus
that by and large the system is working. The fact that the President appoints two
members of the NMC, however, might affect freedom of expression particularly
in the state-owned media which may be cajoled or cowed into playing to the tunes
called by the political party in power.

AFRICAN MEDIA BAROMETER GHANA 2011

11

Select target paragraph3