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FREEDOM AND INDEPENDENCE OF THE MEDIA
162 (1) Freedom and independence of the media are hereby guaranteed.
(2) Subject to this Constitution and any other law not inconsistent
with this Constitution, there shall be no censorship in Ghana.
(3) There shall be no impediments to the establishment of
private press or media; and in particular, there shall be
no law requiring any person to obtain a licence as a prerequisite
to the establishment or operation of a newspaper, journal
or other media for mass communication or information.
(4) Editors and publishers of newspapers and other institutions
of the mass media shall not be subject to control or interference
by Government, not shall they be penalized or harassed for
their editorial opinions and views, or the content of their
publications.
(5) All agencies of the mass media shall, at all times, be
free to uphold the principles, provisions and objectives of
this Constitution, and shall uphold the responsibility and
accountability of the Government to the people of Ghana..
(6) Any medium for the dissemination of information to the
public which publishes a statement about or against any person
shall be obliged to publish a rejoinder, if any, from the
person in respect of whom the publication was made.
163 All state-owned media shall afford fair opportunities
and facilities for the presentation of divergent views and
dissenting opinions.
164 The provisions of articles 162 and 163 of this Constitution
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.
165 For the avoidance of doubt, the provisions of this Chapter
shall not be taken to limit the enjoyment of any of the fundamental
human rights and freedoms guaranteed under Chapter 5 of this
Constitution.
166 (1) There shall be established by Act of Parliament within
six months after Parliament first meets after the coming into
force of this Constitution, a National Media Commission which
shall consist of fifteen members as follows -
(a) one representative each nominated by
(i) the Ghana Bar Association;
(ii) the Publishers and Owners of the Private Press;
(iii) the Ghana Association of Writers and the Ghana Library
Association;
(iv) the Christian group (the National Catholic Secretariat,
the Christian Council, and the Ghana Pentecostal Council)
(v) the Federation of Muslim Councils and Ahmadiyya Mission;
(vi) the training institutions of journalists and communicators;
(vii) the Ghana Advertising Association and the Institute
of Public Relations of Ghana; and
(viii) the Ghana National Association of Teachers;
(b) two representatives nominated by the Ghana Journalists
Association;
(c) two persons appointed by the President; and
(d) three persons nominated by Parliament.
(2) The Commission shall elect its own Chairman.
167 The functions of the National Media Commission are-
(a) to promote and ensure the freedom and independence of
the media for mass communication or information;
(b) to take all appropriate measures to ensure the establishment
and maintenance of the highest journalistic standards in the
mass media, including the investigation, mediation and settlement
of complaints made agaisnt or by the press or other mass media;
(c) to insulate the state-owned media from governmental control;
(d) to make regulations by constitutional instrument for the
registration of newspapers and other publications, except
that the regulations shall not provide for the exercise of
any direction or control over the professional functions of
a person engaged in the production of newspapers or other
means of mass communication; and
(e) to perform such other functions as may be prescribed by
law not inconsistent with this Constitution.
168 The Commission shall appoint the chairmen and other members
of the governing bodies of public corporations managing the
state -owned media in consultation with the President.
169 Editors of the state-owned media shall be appointed by
the governing bodies of the respective corporations in consultation
with the Public Services Commission.
170 The Commission shall appoint the officers and other employees
of the Commission in consultation with the Public Services
Commission.
171 The administrative expenses of the National Media Commission,
including salaries, allowances and pensions payable to or
in respect of persons serving with the Commission shall be
charged on the Consolidated Fund.
172 Except as otherwise provided by this Constitution or by
any other law not inconsistent with this Constitution, the
National Media Commission shall not be subject to the direction
or control of any person or authority in the performance of
its functions.
173 Subject to article 167 of this Constitution, the National
Media Commission shall not exercise any control or direction
over the professional functions of a person engaged in the
production of newspapers or other means of communication.
Source: 4th Republican Constitution Of Ghana
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