Review Radio gold, XYZ shut down – GJA to NCA

The Ghana Journalists Association (GJA) has appealed to the National Communications Authority (NCA), review the decision to shut down two Accra-based radio stations, Radio Gold and XYZ.
Some Radio stations operating without valid authorisations in Accra, as determined by the 2017 FM Broadcasting Audit, were shut down by the National Communications Authority (NCA) Thursday Morning.
The affected stations were Radio Gold 90.5 FM and Radio XYZ 93.1 both affiliated to the opposition National Democratic Congress (NDC).
A statement from the NCA Thursday Morning explained that following the NCA’s FM Spectrum Audit in 2017, some stations including radio gold and xyz were found to be in default and were fined by the Authority.
The statement said that some of the stations in default were not satisfied and proceeded to the various courts; Electronic Communications Tribunal (ECT) and the High Court to appeal against the NCA’s decision.
It further mentioned that that the appeal resulted in a decision by the ECT in 2018 which reviewed the status of expired FM Radio Broadcasting Authorisations and which ruled among others that Companies whose authorisations had expired reverted to the same position as a fresh applicant. While some stations shut down following this decision, others did not.
However, a statement from the GJA says the shut down of these two stations has the  has the tendency to undermine media freedom in the country.
The GJA says it believes it is within the mandate of the NCA to apply the law on frequency authorisation and that as a body that upholds the rule of law and champions same, the GJA appreciates any decision in that regard by any person or authority for the purposes of ensuring sanity in the system.
 
“First, the decision by the NCA to close down the two radio stations for operating without authorisation suggests that all other broadcasting stations in the country have valid authorisation to operate. Without casting doubt on such possibility, it would be prudent for the NCA to, in the interest of transparency, and in order to elevate its decision above reproach, publish the authorisation status of all broadcast operators in the country. The NCA may not be under any legal obligation to do so, but it is enjoined by public interest to act in such manner”, the statement said.
 
Read full statement below :
“The GJA has considered the directive by the National Communication Authority (NCA) to Network Broadcasting Company and XYZ Broadcasting Limited, operators of Radio Gold 90.5 FM and Radio XYZ 93.1 FM, respectively, to shut down for operating without authorisation. According to the NCA, the authorisation of the two Accra-based radio stations to operate had long expired for which reason they must cease operating the FM radio stations until they have renewed their authorisation. In so directing, the NCA made reference to the decision by the Electronic Communication Tribunal in the case of Ghana Independence Broadcasting Association v National Communications Authority (Appeal No. ECT/APP/002/2017) and other laws to buttress its decision.

“The GJA believes it is within the mandate of the NCA to apply the law on frequency authorisation. And as a body that upholds the rule of law and champions same, the GJA appreciates any decision in that regard by any person or authority for the purposes of ensuring sanity in the system. So, under normal circumstances, we will not be ruffled by the decision of a regulatory body to close down radio stations operating without valid authorisation. However, the GJA is not courted to support the action of the NCA to close down the two Accra-based radio stations for a number of reasons:

“First, the decision by the NCA to close down the two radio stations for operating without authorisation suggests that all other broadcasting stations in the country have valid authorisation to operate. Without casting doubt on such possibility, it would be prudent for the NCA to, in the interest of transparency, and in order to elevate its decision above reproach, publish the authorisation status of all broadcast operators in the country. The NCA may not be under any legal obligation to do so, but it is enjoined by public interest to act in such manner.

“Second, the GJA believes the action of the NCA has the tendency to undermine media freedom in Ghana as enshrined under Chapter 12 of the 1992 Constitution. We believe the framers of the 1992 Constitution had very good reasons to grant such elaborate freedoms to the media, although with responsibility. And nothing must be done to upstage the mindset of the constitutional framers.”

The statement added: “In the light of the reasons cited above, the GJA calls on the NCA to immediately review its decision to close down the two Accra-based radio stations. We urge the NCA to give the two defaulting companies a lifeline to renew their authorisation and operate.

“The GJA wishes to take this opportunity to call on all operators of broadcasting stations whose authorisation has expired or are in default of the regulations governing their operations to rectify same in order to avoid sanction by the NCA.”


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