Radio Gold Owners Challenge Killer NCA Fine

Network Broadcasting Company Limited (NBC), owners and operators of popular Laterbiokorshie-based Radio Gold, have taken issue with the National Communications Authority (NCA) for the draconian fine imposed on the station for alleged statutory violations.

The NCA, a couple of weeks ago, announced a raft of measures against 131 radio stations across the country which it says had not complied with sections of the Electronic Communications Act, Act 775 of 2009.

Hefty sanctions were imposed on the offending stations with some either closed down or suffering heavy fines running into tens of millions of Ghana cedis. A total of 34 radio stations have been asked to close down while another 41 have been slapped with astronomical fines clearly beyond their capacity to pay. Radio Gold was slapped with a colossal GHc 61 million fine. Their sister station, Montie Fm, was ordered to close down and has remained closed since last Wednesday. Atlantis Radio, known for its all-music programming was also fined GHc 60 million.

The sanctions have attracted a hailstorm of condemnations from vast sections of Ghanaian society.

The Minority in Parliament in a statement described the sanctions as equivalent to “monetizing free speech” while the Ghana Journalist Association through its re-elected President, Affail Monney, has called it an attempt to hound the affected radio stations out of business.

Media watchdog, the Media Foundation for West Africa, has also voiced concern over the “unclear” and “troubling” sanctions as has the Ghana Independent Broadcasters Association (GIBA), some of whose members have been hard hit by the NCA sanctions. GIBA believes the sanctions are particularly harsh and would hurt an already struggling industry.

Veteran politician, Dr Charles Wireko Brobbey has also expressed his opposition to the sweeping sanctions. Nicknamed Tarzan for his protests against attempts to ban his move in the early 90s to set up Ghana’s foremost private radio station, Radio Eye, Wireko Brobbey has called for a withdrawal of the measures in favour of dialogue.

In the particular case of Radio Gold, the station was cited for failure to renew its authorization for a period dating back to the year 2000.Consequently it was ordered to pay GHc 61 million within 30 days or have its authorisation revoked.

Lawyers representing the station’s mother company have hit back.

In a letter to the communications sector regulator,Lawyers for Network Broadcasting Company Limited, put forward many grounds on which they contend that the NCA must review the fines so imposed and the intended revocation of its Authorisation.

In the letter, seen by the Ghana Palaver, they sought clarity from the NCA on the scope of the fine especially in relation to the number of days used for its calculation after it came to light that the actual letter written to Network Broadcasting Company Limited, dated 26^th September, 2017, indicated that they had been fined GHc 31 million for a default period covering 3,159 days.

A press statement issued by the NCA two days letter quoted GHC 61 million as the fine imposed on Radio Gold for defaulting for 6,130 days.

The NBC Lawyers further challenged assertions that the station had failed to take steps to renew its Authorisation. They referenced a letter dated 23^rd June ,2017 in which the NCA communicated a notice of suspension of operations and served notice of its intention to close down the station and reassign the frequency after 30 days from the date of the letter.

A reading of the letter shows that in response to this notice, Network Broadcasting Company Limited sent a letter dated 24^th July, 2017, in which it apologised for the delayed submission of the required documentation and proceeded to make them available to the NCA. The lawyers pointed out that the receptionists at the NCA’s plush Airport City head office refused to accept the documents for what they described as “strange reasons”.

This, the letter noted was in violation of section 13(3) of Act 775 which provides that “Where the Authority decides to suspend or revoke a licence or authorisation, the Authority shall give the licensee or authorisation holder the opportunity (a) to present its views (b) to remedy the breach which has occasioned the decision to suspend or revoke the licence, and (c) to submit to the Authority within the time specified by the Authority a written statement of objections to the suspension or revocation of the licence or the frequency authorisation”

The NBC Lawyers also specified constitutional breaches which they say invalidates the NCA’s action against their client. They held that the schedule of penalties for violation of Act 775 was gazetted on 20^th April, 2015 , hence by calculating the fines from a period when the schedule of penalties did not exist, the NCA was applying the law retroactively. This they argued is expressly forbidden by Article 107 of the Constitution of the Republic of Ghana which stipulates that:

“Parliament shall have no power to pass any law -

(a) to alter the decision or judgement of any court as between the parties subject to that decision or judgement; or

(b) which operates retrospectively to impose any limitations on, or to adversely affect the personal rights and liberties of any person or to impose a burden, obligation or liability on any person except in the case of a law enacted under articles 178 0r 182 of this Constitution.

The letter finally stated emphatically that Network Broadcasting Company Limited had made all regulatory and spectrum payments covering the period 2012-2016 and requested an annulment of the alleged penalties while being given the opportunity to complete all documentation for submission.

The NCA was yet to respond to the letter as of press time yesterday.