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After the government asked the National Media Commission (NMC) to "apologize" for Joy News's "Militia Documentary", the Multimedia Group Limited took steps to respond in detail.
The documentary is an infiltration work of Manbadeh Azure Awuni titled "The Militia in the Heart of the City" shows a group of young men and women who would belong to a private security company or militia group, the De-Eye Group , during one gathered at Christiansburg Castle in Osu, the former seat of government.
The government, through the Ministry of Information, has denied the perception of the documentary and asked the group Multimedia to apologize and clarify the situation.
Below, the complete answer from Multemedia
TO THE ESTABLISHMENT COMMITTEE OF THE NATIONAL MEDIA COMMISSION – NMC
ACCRA – J.D. 2019
IN THE MATTER OF PART III OF THE NATIONAL MEDIA COMMISSION ACT, 1993 (AN ACT NO. 449) AND THE NATIONAL MEDIA COMMISSION'S 1994 REGULATIONS (COMPLAINT AND COMPLAINT PROCEDURE) (LI 1587)
-And –
IN THE CASE OF A COMPLAINT FROM THE GOVERNMENT OF GHANA AGAINST MULTIMEDIA GROUP LIMITED
ENTER
GOVERNMENT OF GHANA – COMPLAINANT
AND
MULTIMEDIA GROUP LIMITED – RESPONDING
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RESPONDENT'S RESPONSE TO THE COMPLAINT
UNDER R4 (2) NMC LI 1587, 1994
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The interested party, located at 355 Faanofa Street, Kokomlemle, Accra, expressly disputes each of the allegations contained in the complaint dated March 13, 2019, as if they were exhibited in extenso and crossed in series, and as follows:
The defendant informs the hearing that he must, at the hearing of this complaint, raise a preliminary legal objection to the complainant's ability and / or ability, in law, to lodge a complaint. and to seek compensation, as well as a probable right within the meaning of Article 162 (6) of the 1992 Constitution.
This clarification of the specific ability or complainant may be necessary, the defendant's reading of the first paragraph / (ii) relief of the complaint appears to create potential confusion in this regard, and read against your cover letter. In any event, the respondent must comply with the purported capacity mentioned in the said first paragraph / adjustment (ii) to designate the Government of the Republic of Ghana.
Again, the party (s) against whom the complaint is made is not exactly apparent as it should be in the face of the complaint – it is against a specific unit of Multimedia Group Limited . In this case too, the defendant will rely on the plaintiff's reference to "JOY NEWS" (on the face / content of the complaint and the letter of support from the Commission, as well as from the complainant). other references to units and "various affiliates") and prefer to treat it under the umbrella Multimedia Group Limited in the spirit of fully badisting the Commission.
That, despite subsections (2) and (3) above regarding the lack of a correct and unambiguous identification of the parties or the complainant's ability, essential element to meet in particular the fundamental legal requirements, in particular with respect to the merits of the complaint, please be badured, as always, of the Respondent's commitment to badist the Commission in this case to achieve the objectives of procedural and substantive justice, in the full respect for the law and the Constitution.
That, in turn, the respondent begin his answer by observing the following by judicial notice:
This defendant is incorporated under the laws of Ghana with the following business units: Joy FM, Adom FM, Asempa FM, Nhyira FM, Luv FM, Hitz FM, MultiTv (with channels including JoyNews), Myjoyonline.com and Adomonline.com arguably the largest number of stories from any media in Ghana.
This defendant is Ghana's leading private commercial establishment in the mbad media, which operates the said media channel in the service of Ghanaian citizens for the effective exercise of their fundamental rights to freedom of speech and expression guaranteed by the Constitution, which includes the freedom of the press and other media in respect of the law and journalistic ethics.
That in the performance of their work and their profession, staff attend the invitation of state and non-state agencies and actors to provide radio, television and online coverage. News critical for later dissemination to Ghanaians in their homes, offices etc. in their different cities, villages and hamlets, and around the world.
In addition to the previous sub-paragraph, the defendant receives distress calls and draws the attention of concerned agencies, including the police and fire departments, to acts that threaten the peace of a community or country in order to that prompt measures be taken to prevent damage to life and destruction, property among others.
The respondent, in accordance with the preceding subparagraphs, conducts research and surveys on various issues of community and national interest, including latency or onset of illness, helps to raise public awareness and educates individuals to avoid contracting diseases, etc.
The defendant, in accordance with the preceding paragraphs, duly empowered, including in accordance with Chapters 5, 6 and 12 of the Constitution, has complied with its constitutional obligations, in particular Article 41 (f), to denounce and fight corruption in order to promote ideals, as provided for in Chapter 6 of the Constitution.
In fact, the current broadcast on the respondent group's network is a documentary of such importance, of paramount importance to the country, which touches the very heart of citizenship. It is nicknamed "The citizens of paper" – it is expected that Parliament will act even as the competent authorities arrest and prosecute officers and scammers in the register of births and deaths.
The defendant has produced countless documentaries that have prompted the state to act, including recent ones aimed at improving the conditions of detention in prisons under the direction of Chief Justice Georgina Wood, to counter the threat which are the ground guards and Galamsey, and with the public support and enlightened leadership of The First Lady Rebecca Akufo Addo provides vital health facilities that build one from scratch, now used by mothers and babies.
Normally, the defendant also attempts to denounce human rights violations, poor health conditions, poor education, poor shelter, among others, in particularly disadvantaged communities and less privileged people, in order to seek support / redress from public and private agencies, including: philanthropists, all of whom contribute significantly to improving the overall well-being of society.
The respondent through its various outlets projects and celebrates the country, or institutions and individuals doing patriotic acts and other positive and inspiring acts, and raises funds to support bright but needy students, build schools, providing furniture, libraries, drilling and other needs are lacking.
This respondent pursues television programs respecting professional ethics and strives at all times to play the role of leader in its various forms of media operations.
This defendant has neither the motivation nor the desire to act or promote content that is "… shocking, totally false, produces gross misrepresentations of wild facts and speculations …", as the complainant claims.
That a civil action bearing the same subject before the CNG under the number GJ936 / 19 is pending before the High Court of the division of the general jurisdiction in Accra, although qualified by the De-Eye Group Limited as a crime of defamation , subject of the documentary in question.
Further to paragraph (1) above and in accordance with this constitutional decree, the defendant has duly fulfilled the constitutional obligation by publishing the complainant's rejoinder, granting him a deserving place and referring to it at all times when he has treated the object in the present. flagship programs. Attached, the reply is molded into the complaint mold, marked "1" and the Respondent's proof of publication Exhibit "1A".
The respondent argues from the outset that the reference and use of the words "militia" and "safe area", which form the basis of his complaint or charge, is the opinion of the Respondent and his loyal comment in fact and in law on the subject. its investigations and not subject to the contrary opinion of the complainant (or the Commission) as such will be contrary to the code of ethics in journalism, the code of ethics of the GJA, would aim to amend the law in defense of justification / opinion / comment, and even more dangerously, in Article 21 of the Constitution, to impede the constitutional and fundamental rights of the individual / media to the freedom of expression.
Further to paragraph (7) above, the Respondent has dwelt on facts including the official extension of the word "militia" by a constitutional commission set up by HE the President of the Republic of Ghana to investigate cases. concerning the electoral violence alleged to have been raised in part. from what many people in the public have so far called the "political party vigilante".
In fact, in the said documentary, the group in question is referred to indifferently as "vigilante" and "militia" and this second usage appeared because, during the production of the documentary, a member of the Ayawaso West Inquiry Commission Wuogon By Election Violence, Professor Henrietta Mensah-Bonsu, observed and emphasized as follows:
"We call it political vigilantes and we do not really appreciate how much it is, it's the warlord, they're militias, they're not political militia, they're militias. private militias, under the control of certain people, these people are warlords.
This introduction (of the said militia) was presented not only by a member of the said commission, but also by one of Ghana's most prominent criminal law professors, with international visibility and experience of the issue, having been member of the 14 high-level members of the UN Secretary-General. Independent Panel on Peace Operations, Deputy Special Representative of the Secretary-General for the Rule of Law at the United Nations Mission in Liberia (UNMIL), worked for the United Nations Organization for African Union (OAU), the African Union and the Economic Community of West African States (ECOWAS), Ghana's representative to the Intergovernmental Committee of Experts on the Drafting of the African Charter on the Rights and Welfare of the African Child in 1991, and the Committee of Experts on the OAU Affair on the Lockerbie Affair, member of the group International Bar Association Association for the drafting of a code of professional conduct for defense counsel appearing before the International Criminal Court to which it was preferred Dacy of judgeship.
The respondent was not surprised by the fact that the Chair of the Commission, also reputed and expert in the matter, challenged its use, as well as the other member of the Commission, former Inspector General of the Police Service from Ghana. In fact, internationally renowned security experts shared the usage that led to widespread acceptance, replacing the common use of the political party activist.
That the word "militia" is thus used and understood in its context does not mean to be identical to what the first technical meaning might find in a dictionary, but rather vaguely along the second non-technical sense of the definition such as in Wikipedia, is essentially a "combat organization composed of lay soldiers, citizens of a country or subjects of a state".
The respondent must rely on the defense of just cause, privilege, fair comment / opinion and the public interest for the following facts:
Click here to continue reading: View Multimedia's response to the government complaint to the NMC regarding the Militia Documentary (PART 2)
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