By Franklin ASARE-DONKOH
The leadership of the Ghana Journalists Association (GJA), Ghana Independence Broadcasters Association (GIBA), and the Private Newspaper and Online Publishers Association of Ghana (PRINPAG), have expressed their displeasure against the charges leveled and Court fines against the thugs who invaded the Studios of United Television, UTV, and in the process disrupting the live programme, assaulting two (2) employees of the station and further threatening to assault the Host of the Show and Guests.
On Saturday, October 7, 2023, during United Television’s (UTV’s) prime-time entertainment show, “United Showbiz”, some activists of the ruling New Patriotic Party (NPP) invaded the studio of UTV, disrupting the live programme, assaulting two (2) employees of the station and further threatening to assault the hostess and guests on the show.
The incident has since received wide condemnation by a section of the public.
The three Media Associations at a joint press conference held at the Ghana International Press Center on Wednesday, October 18, 2023, said whilst they commend the Police and the Court for the speedy prosecution and conviction of the attackers, the charges preferred against them were inadequate, soft-handed and minimalistic.
Leaderships of the Ghana Journalists Association (GJA), Ghana Independent Broadcasters Association (GIBA), and the Private Newspaper and Online Publishers Association of Ghana (PRINPAG) said they have taken note of the ruling by the Achimota District Court on the sixteen (16) thugs who were arrested and prosecuted for attacking the studios of UTV.
It noted that on Monday, October 16, 2023, the hooligans were charged with the offence of conspiracy to commit crime and rioting” and arraigned before the Achimota District Court, which found them guilty of the offence.
“However, while we commend the Police and the Court for the speedy prosecution and conviction as we had demanded in the wake of the attack. Based on video evidence of the happenings on that fateful evening, the charges preferred against them were not far-reaching because their actions should have resulted in the investigation and attraction of the following charges:
- Unlawful entry
- Rioting
- Rioting with weapons
- Assault and battery
- Causing harm,
- Threat of harm
- Unlawful assembly
- Offensive conduct conducive to breach of the peace
- Forcible entry
- Allegedly carrying offensive weapons.
The charges of “Conspiracy to commit crime and rioting” in our opinion are inadequate, soft-handed, and minimalistic to say the least.
We acknowledge that the judge has the discretion of either imposing a custodial sentence or a fine, which is also a form of punishment under our criminal jurisprudence, which may have informed the magistrate to opt for the imposition of a fine.
It is our view that the option of the fine imposed is not deterrent enough. That may largely be due to the fact that the charges preferred by the Police were not thorough enough. We believe if all the offences mentioned above had been investigated and preferred against the thugs, stiffer punishments would have been imposed on them than the fine of 200 penalty units each.
We appeal to the judiciary to consider offences against the media as aggravating offenses, especially when these actions are premeditated because such actions have the tendency to put fear in the media leading to self-censorship and thus promoting the culture of silence which is inimical to the concept of media freedom and independence as guaranteed by the 1992 Constitution of Ghana,” the group stated.
Below is the full statement read at the press briefing.
JOINT PRESS CONFERENCE ON RECENT CASES OF ASSAULT AGAINST JOURNALISTS AND RELATED MATTERS, ORGANIZED BY THE GHANA JOURNALISTS ASSOCIATION, GHANA INDEPENDENT BROADCASTERS ASSOCIATION AND PRIVATE NEWSPAPER AND ONLINE PUBLISHERS ASSOCIATION OF GHANA
The President and leadership of the Ghana Journalists Association,
The President and leadership of the Ghana Independence Broadcasters Association,
The President and leadership of the Private Newspaper and Online Publishers Association of Ghana,
Colleague media practitioners,
Invited guests,
Ladies and gentlemen,
Good afternoon to you all.
This afternoon, three key institutions with representation on the National Media Commission (NMC) have invited you here to address some pertinent issues in the country’s media landscapes, particularly the recent cases of assault on journalists and related matters.
We are here to express grave concerns at the recent attacks on media practitioners and organisations.
This phenomenon is alarmingly increasing in frequency and as a media fraternity, we cannot sit aloof and allow the situation to get out of hand.
The 1992 Constitution clearly states the rights, freedoms, and independence of the media and how we are to practice without any form of control, interference or hindrance.
There are other existing laws that govern the work of the media and its practitioners in Ghana. Moreover, as media practitioners, we are enjoined by our responsibility to constantly inform and educate our audience of happenings in the country.
It will be recalled that on Saturday, October 7, 2023, during United Television’s (UTV’s) prime-time entertainment show, “United Showbiz”, some activists of the New Patriotic Party (NPP) invaded the studio of UTV, disrupting the live programme, assaulting two (2) employees of the station and further threatening to assault the hostess and guests on the show.
The Ghana Journalists Association (GJA), Ghana Independent Broadcasters Association (GIBA), and the Private Newspaper and Online Publishers Association of Ghana (PRINPAG) have taken note of the ruling by the Achimota District Court on the sixteen (16) hooligans who were arrested and prosecuted for attacking the studios of UTV.
On Monday, October 16, 2023, the hooligans were charged with the offence of “conspiracy to commit crime and rioting” and arraigned before the Achimota District Court, which found them guilty of the offence.
We wish to commend the Police and the Court for the speedy prosecution and conviction as we had demanded in the wake of the attack.
In a similar case in respect of an attack on Dagbon Radio in Tamale in early May this year, the Police and the Tamale District Court prosecuted and determined the case speedily.
However, whilst commending the Police and the Court for the speedy prosecution and conviction. We are of the opinion that under the circumstances, and based on video evidence of the happenings on that fateful evening, the charges preferred against them were not far-reaching because their actions should have resulted in the investigation and attraction of the following charges:
- Unlawful entry
- Rioting
- Rioting with weapons
- Assault and battery
- Causing harm,
- Threat of harm
- Unlawful assembly
- Offensive conduct conducive to breach of the peace
- Forcible entry
- Allegedly carrying offensive weapons.
The charges of “Conspiracy to commit crime and rioting” in our opinion are inadequate, soft-handed, and minimalistic to say the least.
We acknowledge that the judge has the discretion of either imposing a custodial sentence or a fine, which is also a form of punishment under our criminal jurisprudence, which may have informed the magistrate to opt for the imposition of a fine.
It is our view that the option of the fine imposed is not deterrent enough. That may largely be due to the fact that the charges preferred by the Police were not thorough enough. We believe if all the offences mentioned above had been investigated and preferred against the thugs, stiffer punishments would have been imposed on them than the fine of 200 penalty units each.
We appeal to the judiciary to consider offences against the media as aggravating offenses, especially when these actions are premeditated because such actions have the tendency to put fear in the media leading to self-censorship and thus promoting the culture of silence which is inimical to the concept of media freedom and independence as guaranteed by the 1992 Constitution of Ghana.
Nevertheless, the media fraternity has been vindicated in our position that what happened on that fateful evening was reprehensible, to say the least. At this stage, we the leadership of all media Associations are aware that, the options available to us are to consider supporting our affected members to either urge the prosecution to consider appealing against the sentence or criticize the decision. We have however referred the matter to our lawyers for advice on the way forward.
The Court has spoken and we as law-abiding citizens, accept the decision of the court believing that this will serve as a signal to all and sundry that never again should anybody attempt to attack a media practitioner or a media organization for whatever reason, since there are laid down procedures for seeking redress in the event of media breaches.
Again, on Friday, October 13, 2023, while carrying out her duties as a journalist and reporter covering the vetting of the parliamentary candidate hopefuls of the National Democratic Congress (NDC) in the Odododiodio constituency in the Greater Accra Region, a Citi FM reporter was assaulted. These incidents should be widely condemned and treated with the repulsion they deserve.
Earlier this week, the leadership of the media umbrella bodies paid a courtesy call on the management of Citi FM/Citi TV to obtain first-hand information on the attack on their female reporter/staff. To date, there has been no statement or update from the police on whether they are getting closer to arresting the people who attacked the reporter. We call on the police to act swiftly to ensure that the culprits are brought to book.
Finally, we recognise that public enlightenment is the forerunner of justice and the foundation of democracy, as such our duty as media practitioners is to seek the truth always and provide a fair and comprehensive account of events and issues through thoroughness and honesty.
Much is expected of the media in carrying out our role as watchdogs of society and this should be undertaken with a high sense of integrity without infringing on the rights of individuals and society in general. We would therefore like to use this opportunity to caution all media practitioners and media organisations to prioritise their personal security, desist from engaging in excesses or allowing their platforms to be used to fan or inflame by a broadcast of programmes; language, passions, and activities that have the tendency to lead to the breach of the peace we all need for our socio-economic development.
We wish to remind all media practitioners that media freedoms come with responsibilities. The framers of the 1992 Constitution for good reason included the responsibilities of the media in the same Chapter 12 enjoining all media practitioners to be reasonable in practicing the profession in the interest of national security, public order, public morality, and the purpose of protecting the reputations, rights and freedoms of other persons.
This therefore implies that no media platform, be it traditional or virtual, has the right to infringe on the rights of any person or seek to malign, disrespect or tarnish the image and integrity of a person. There are more refined ways of expressing an opinion or disagreement without resorting to the use of insulting and degrading language on our platforms or allowing ourselves to be used to propagate such unpleasantries.
The GJA Code of Ethics, the GIBA Code of Conduct, and other rules and regulations clearly provide direction on how to practice the media profession in a decorous manner. In conclusion, our media platforms are not marketplaces for insults or the propagation of hate speech but for the exchange of ideas.
