GIBA Files Mandatory Injunction against Communications Ministry and KNet Ghana over Illegal Fee
“This case is about more than fees; it is about restoring accountability and ensuring that every institution adheres to the rule of law,” said the president of GIBA.
The Ghana Independent Broadcasters Association (GIBA) has filed a mandatory injunction at the High Court to halt what it describes as unlawful fee demands by the Ministry of Communications and Digitalisation (MoCD) and KNet Ghana Limited. The case focuses on the imposition of arbitrary TV channel fees and “Contribution Link Fees,” which GIBA claims lack legal backing and parliamentary approval.
In a lawsuit initiated in August 2023, GIBA challenged the MoCD’s decision to authorize KNet Ghana Ltd exclusively to provide “Contribution Link Services” and to charge fees for them. The association further alleged that broadcasters were disconnected from the National Digital Terrestrial Television (DTT) platform if they failed to pay these fees, despite the absence of any legal basis for the charges.
Concerns Over Regulatory Violations
The injunction seeks to address broader concerns about the arbitrary nature of these fees and their impact on the broadcasting sector. According to GIBA, the demands bypassed parliamentary scrutiny, undermining regulatory standards.
The association highlighted that the MoCD also established and mandated payments to the Central Digital Transmission Company Ltd for DTT channel hosting fees, again without necessary parliamentary approval. GIBA’s president described the situation as a significant threat to the media’s freedom and the constitutional rights of broadcasters.
“This case is about more than fees; it is about restoring accountability and ensuring that every institution adheres to the rule of law,” said the president of GIBA.
Impact on Broadcasters and Public Access
GIBA criticized KNet Ghana Ltd’s actions, which include shutting down media outlets on the DTT platform for non-payment. The association argued that such actions could lead to financial strain on broadcasters, ultimately threatening the survival of many media outlets.
The lawsuit emphasizes that the National DTT Platform, a critical national asset, should not be subjected to indirect government control through excessive fees. GIBA also raised concerns about the lack of transparency and consultation in determining the charges, which it argued could erode public trust.
Key Objectives of the Legal Action
Through the injunction, GIBA seeks to:
- Cease the collection of unauthorized fees where no formal contracts exist.
- Restore access to the DTT platform for broadcasters disconnected over unpaid fees.
- Prevent KNet Ghana Ltd from blocking broadcasters on the platform due to non-payment of fees until the court delivers a final ruling.
Championing Media Freedom and Accountability
The association stated that the case serves as a reminder that both public and private institutions must be held accountable under the law. GIBA reiterated its commitment to justice, transparency, and protecting the interests of broadcasters and the general public.
The outcome of this case could have significant implications for Ghana’s broadcasting landscape, particularly in safeguarding media freedoms and ensuring regulatory compliance in the digital era.
Source: Businesswekghana.com
