Onua TV and Onua FM have dragged the National Media Commission (NMC) to court seeking an order for perpetual injunction restraining the NMC from taking any steps that adversely seek to impact the media operations of the company and its associates.
A statement by the company said the suit follows numerous attempts by the NMC to use its constitutionally mandated office to harass Onua TV and Onua FM.
The suit is asking the court to among other things declare that some orders issued by the Commission to Onua TV and Onua FM are unlawful and that the conduct of the NMC in refusing to allow the stations to be heard before imposing sanctions on them is breach of the law and natural justice.
On Tuesday 14 November 2023, Media General received a letter from the NMC that was wrongly directed.
The letter complained of a broadcast simultaneously carried by Onua FM and Onua TV. In the same letter, the NMC imposed sanctions on the two stations without asking for their side of the story.
In response to the letter, the Company drew the attention of the Executive Secretary Mr. George Sarpong to the error and also stated that the stations should be allowed to be heard as is required by the procedures of the National Media Commission’s own Complaints Settlement Committee.
Mr. George Sarpong, however, refused to allow the stations to be heard and has also not named any complainant.
He also threatened to have the frequency authorizations of the two stations suspended among other illegal actions
According to the media company, it found the actions and posture of the Executive Secretary arbitrary, unconstitutional and against the principles of natural justice and, therefore, filed the case in court to stop the Commission from further harassing the two stations.
Media General, parent company of the two stations, states in the suit that the Media Commission by its actions has constituted itself into a complainant, a prosecutor, and a judge and from its actions cannot now be trusted to be a fair and impartial arbiter in any case against Onua TV/Onua FM.
The company disclosed that the Executive Secretary even surreptitiously wrote to the Advertisement Association of Ghana and threatened the steps it it taking to advertise on Onua TV and Onua FM are done at their own risk.
“The NMC does not have the power to influence editors nor to suspend the frequencies of media houses. If this is allowed to happen it will be a serious threat to media operations in the country as the Commission can take steps to arbitrarily withdraw any broadcaster’s authorization without giving them a hearing if the Executive Secretary, in his personal view, does not like one presenter or the other to be on air.”
“If this behaviour is allowed, it could destroy the business of media houses by getting advertisers to stop advertising on their media just because the Executive Secretary with Political views does not like a media house or a presenter, especially in election seasons,” the statement.
Media General expressed its readiness and that of Onua TV and Onua FM to cooperate with the National Media Commission to achieve the highest standards in media practice but warned it will not allow itself to be intimidated.
“We shall take all steps to protect our business and editorial independence, including actions from the National Media Commission, which appear to be politically motivated,” the statement added.
