The National Communications Authority has sanctioned some radio stations for contravening certain aspects of the Electronics Communications Act (2009), Act 775 which resulted in some broadcasting stations having their licenses revoked and others fined.
As some radio stations have been shut down for failing to comply with the directives of the NCA, the Minority caucus in Parliament has raised concerns describing the act as illegal.
There were exchanges between the Communications Minister, Mrs. Ursula Owusu-Ekuful and Ningo-Prampram Member of Parliament, Sam George in Parliament on Thursday, October 19.
The two made out their arguments over the revocation of the licenses of 131 radio stations by the NCA.
While the Minister built defense for the NCA saying the actions were in line with the regulations of the NCA, Sam George argued the fines had no Parliamentary approval.
Addressing the issue on Peace FM's 'Kokrokoo', Kwesi Pratt Jnr., Managing Editor of the Insight newspaper, also stated emphatically that the NCA decision is completely unconstitutional.
He explained that the laws governing the electronic sector insist the NCA cannot use a retroactive legislation to charge the radio stations.
To him, "it is unlawful" for the NCA to revoke the licenses of the stations or charge them such astronomical fees backdating to 17 years of operations by the stations.
"It is illegal. It’s a violation of the constitution. It’s unconstitutional, clearly unconstitutional because the constitution frowns on retroactive legislation”.
Mr. Pratt also questioned the "common sense" in NCA's revocation of authorisation to the radio stations, recounting that should the Authority even decide to sell off the license to another bidder they will only make a profit of GHC 30,000.
He asked the sense in making GHC 30,000 when the NCA can negotiate with the affected stations and ensure they pay up a fine which will exceed the amount but not to charge them with exorbitant sums as in the case of an Accra-based radio station which is fined about GHC 61 million together with others.
"When you close down the station for owing 61 million and you sell the license, you will only get GHC 30,000 in return. With all due respect, what's the logic in this that someone owes you 61 million and when you sell the thing you say he owes you, you'll only get 30,000? Why don't you sit down with him to give you about 60,000? Even if he gives you 60,000, you have 30,000 plus or even if he gives you 1 million - this is common sense," he told Kwami Sefa Kayi.
Outlining further some major challenges the media has to go through to broadcast issues, Mr. Pratt stressed that the "fines that they (NCA) have imposed, the radio stations can’t pay it today or tomorrow. Even if they cry blood, they can’t pay. So, in effect, it’s a closure. It’s a ban. The effect of it is to ban the stations”.
Source: Ameyaw Adu Gyamfi/Peacefmonline.com/Ghana
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The Ghanaian media is the bane of our underdevelopment. Nkwasiasɛm nkoaa, I was so disappointed to hear KSK fighting for law breakers, where were the police when Kofi many decided to steal a fowl?. Abufusɛm!!!
if it is illegal then law must be applied gee k prat
Those with beady eye will notice how Mr. Pratt is suddenly appearing on PeaceFM on regular basis. I'm not saying that he is JUMPING SHIP from Radio gold with thirty pieces of silver. Just that it will be interesting to see the two top turn coats in Ghana on the same program at the same time (not likely).
Blockheaded will always give a quotation without giving evidence.Pratt tell us where the constitution says so concerning the NCA's action.
His weekly allowance at radio Gold is vanished . So it seems. Mr. know it all, go and find another to suckle.
HelloOO!! The NCA and government's main target is Radio Gold and muntie fm period!!!.All the other stations hust a flash in the pan.
So per Pratt's logic the state should negotiate with Woyome then? Let's open the prison gates and negotiate settlement terms with prisoners? Mr Pratt's arguments especially when the NPP are really surprising. If you don't have the ability to manage a radio station don't open one, just go into poultry farming. These same journalists when there is a disaster will come and sit on radio and talk endlessly. If I had my own way, I would ban these morning shows on radio and just play music instead.
He is one annoying mammal on the planet..he thinks he knows it all but yet,empty like a barrel.go to court and seek redress if you have a problem with NCA's directives
The NCA is wrong simple and short
@ Kodjo Ansah, you've made my day bro. Peace FM is no court. If the action the NCA has taken is unconstitutional,then Mr Pratt, your best bet is the supreme court. Also, when you go back to Peace FM next week, ask Sefa Kayi whether Peace FM has been paying to renew their licence and why they have been doing so.