- October 20, 2017
- Posted by: emblisha
- Category: Uncategorized
The National C
ommunications 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”.