GHANA INDEPENDENT BROADCASTERS ASSOCIATION v. THE ATTORNEY GENERAL & THE NATIONAL MEDIA COMMISSION

BENIN, JSC:

My Lords, this is a matter that touches the heart of our democratic process, talking about freedom of expression in all its facets. In democratic societies it is regarded as the most prominent fundamental right, a lever upon which all other rights hinge. In an article by Harry H. Wellington titled ‘On Freedom of Expression’ 88 Yale L.J. 1105, the author suggests that free speech is preservative of other freedoms. In MURDOCK v. PENNYSLVANIA, 319 U.S. 105, 115 (1943) free speech is given what was described as ‘preferred’ position. In other words, it is afforded more extensive immunity from external interference than most other human endeavours. This fact was not lost on the Committee of Experts who drafted the proposals that culminated in the adoption of the 1992 Constitution. The Committee opened their proposals with a quotation from the renowned John Stuart Mill, who wrote that “if all mankind minus one were of one opinion, mankind would be no more justified in silencing that one person than he, if he had the power, would be justified in silencing mankind.” It may be recalled that the Committee was set up against the backdrop of what had become known in the country as the culture of silence. Simply put, as a result of the lack of democratic political atmosphere at the time, citizens did not venture to bare their thoughts. The Committee therefore sought to make provisions that would allow the citizenry to express themselves freely, subject only to such limitations as are reasonably required in the interest and progress of society. The Committee was thus mindful of the fact that the country should not transition from a culture of silence, which tends to inhibit the citizenry from participation in governance to a culture of media impunity that might bring about disorder. Thus a careful balance was required, because a culture of impunity by the media, which has the potential to breed chaos and insult public decency and morality, was certainly not an option. In this regard, the establishment of the National Media Commission, 2nd defendant herein, also referred to in this judgment as the Commission, was to insulate the media from governmental interference and to regulate the sector in order to achieve the dual objective of free expression and sanity in media practice. Thus the Constitutional provisions and any other laws that have a bearing on free expression should be interpreted with the history and purpose of the constitutional provisions in mind