Discussing Marital Issues On Radio And Television Is Illegal And Unethical

Journalism in Ghana continues to experience a frightening decline in professional ethics, standards and quality of contents. In particular, the quality, taste and decency of the contents of radio and television programs continue to deteriorate. Many programs in our airwaves regrettably fail to promote the media’s quintessential tripartite role of education, information and entertainment. The media space is replete with dangerously toxic, morally questionable and grossly indecent contents involving vulgar abuses, verbal abuses, reputational assassinations and sexual displays. One of the disturbing phenomena in the media space today is the open discussion of marital issues that reveals unprintable details of people’s marital and personal lives. What typically happens on such shows is that aggrieved spouses or partners in failed romantic relationships are allowed to present their cases for public discussion. Listeners are often allowed to express their views and a panel takes a decision on the matter one way or other other.

While some people claim they get answers to their problems on such shows, others only attract public ridicule and nothing more. It is the view of the present author that, irrespective of the outcomes, it is illegal, improper, unprofessional and shameful to discuss the morbid details of matrimonial matters on radio or television. It is not part of the aim of this paper to name, shame or condemn any particular radio or television station that runs such disgraceful shows.

Allowing estranged spouses and persons in failed romantic relationships to vent their frustrations and discuss their personal affairs on air is destructive to the persons involved and their families. Not only does such publicity embarrass the persons and families concerned, but it also perpetually shuts the window of reconciliation. It is not for nothing that Ghanaian law favours privacy of proceedings in matrimonial cases, especially where children are involved. Recognizing the family as a sacred and fundamental institution of human society, the law in Ghana allows for divorce under limited circumstances. Thus, under section 1(2) of the Matrimonial Causes Act, 1971 (Act 367), the “sole ground for granting a petition for divorce shall be that the marriage has broken down beyond reconciliation.” As a human institution, marriage is fraught with challenges, hurts, misunderstandings, arguments and unmet needs. Consequently, any group or institution that sets out to resolve marital challenges must endeavour to promote the longevity and resilience of the marriage. This is why the courts are given the power to promote reconciliation in matrimonial cases where there is a reasonable possibility of achieving reconciliation.

Matters involving divorce, separation, child custody and distribution of matrimonial property often involve the disclosure of highly sensitive personal information and emotionally charged issues. As such, there is overriding necessity to preserve the right to privacy of the persons involved in shaping the landscape surrounding such matters. In the context of matrimonial proceedings, the right to privacy plays a crucial role in protecting the intimate details of the domestic and marital lives of the parties and their children. Unlimited publicity and exposure can be very destructive in matrimonial proceedings. The concern of the court has always been to protect the privacy of the parties and the children involved in matrimonial cases. To this end, section 39 of the Matrimonial Causes Act, 1971 (Act 367) empowers the court to hear proceedings in private and exclude from the proceedings all persons, except the parties, their lawyers, witnesses and court officers. This is done where the court is satisfied that the interests of the parties or the children of the household so require. Proceedings in the Family Tribunal are designed to foster reconciliation and amicable resolutions of differences between parties. Under section 37 of the Children’s Act, 1998 (Act 560), proceedings at a Family Tribunal are supposed to be as informal as possible and are required to be by enquiry and not by adversarial procedures.

The reprehensibility of the panel discussions on matrimonial cases on radio and television stations is revealed in the graphic display of sexual contents, vulgar abuses, reputational attacks, explicit details of sexual lives and other personal information of the persons involved. On these programs, people are induced to publicly discuss sensitive private and personal matters relating to their marriage and domestic affairs. There are instances where alleged victims of domestic abuses are asked to demonstrate or offer graphic explanation of such abuses including sexual intercourses. Sadly, some of the panel members on these shows know next to nothing in conflict resolution, psychology, guidance and counselling. They often abuse, embarrass and make mockery of the disputants on their shows. Sometimes, celebrities and well-meaning personalities are publicly embarrassed on live programs on radio and television. What is ridiculous is that excerpts of the programs are often circulated on social media which expose the disputants to intense public ridicule and disdain.

Members of the public should know that there are effective legal methods and approaches to resolving marital issues. Spouses or persons in failed relationships may seek redress from institutions such as the court, the Domestic Violence and Victims’ Support Unit (DOVVSU) of the Ghana Police Service, and Commission on Human Rights and Administrative Justice (CHRAJ). Also, there are other Alternative Dispute Resolution (ADR) methods such as negotiation, arbitration, mediation and conciliation. Given the sensitive nature of marital issues, radio and television stations are wrong venues for discussion of such matters. It may not be wrong for any radio or television station to try to help people to resolve their marital issues, but it is certainly wrong to create a platform for public discussion of such issues on radio or television. The Ghana Institute of Journalism and the National Media Commission should tighten their regulation of the contents of programs on radio and television stations to ensure high standards and ethics. It is the highest hope of the author that professional standards and ethics in journalism would be maintained to keep the profession in its pride of place in our constitutional democracy.

Author details:
Daniel Korang Esq.
Adom Legal Consult
Sunyani
[email protected]