Press Release

The Supreme Court composed of a seven-member panel presided over by the Chief Justice Kwasi Anin-Yeboah (CJ), delivered its judgment today, Tuesday 23rd June 2020 in a matter in which the Ghana Independent Broadcasters Association (GIBA) sought a declaration that the implementation of the Conditional Access (CA) system to block free access to authorized Free-to-Air television content was unconstitutional.

The Court however declined to make a determination on the merits of the matter as in their Lordship’s opinion, the conditional access system complained of had not actually been implemented and the blocking of access not yet carried out hence the Court was being invited to pronounce upon an anticipatory breach of the Constitution.

According to the Court, the publication of the new Standard by the National Communications Authority (NCA) containing the alleged wrongful requirements was only indicative of an intention and that was not sufficient to invoke the Court’s jurisdiction.

Accordingly, GIBA retains the right to go back to the Supreme Court, if the Ministry of Communications (MoC) and the National Communications Authority (NCA) actually implement the conditional access system since its constitutionality remains undetermined by the Supreme Court.

(Gloria Hiadzi)
Executive Secretary
Dated: Tuesday, 23rd June 2020