Judgment No. CCZ 9/2016 29 Const. Application No. CCZ 316/2012 One of the objectives of mass communication in a democracy is the development of an informed public opinion through the public dissemination of news and ideas concerning important public issues of the day. According to Article VI of the Declaration of Principles on Freedom of Expression in Africa adopted by the African Commission on Human and Peoples’ Rights at the 32nd Session, 17th - 23rd October 2002 Banjul, Gambia, public broadcasting service is a vital element of modern democratic societies. Public broadcasting service models were developed to remedy weaknesses inherent in the other broadcasting service systems namely State controlled broadcasting service and profit oriented commercial models. A State controlled broadcaster’s programming is essentially driven by the political interests, while commercial broadcasters are driven by commercial interests. The programming of a public broadcaster is required to be driven by the public interest. A public broadcasting service is a national asset that must be independent of both political and commercial pressures in the performance of its mandate. In its ownership, funding and programming the concept of “public” has always defined the logical boundary of any public broadcasting service organization. As a public sphere essential for a well functioning democracy, public broadcasting service is of the public, for the public and by the public. In other words public broadcasting service belongs to the entire community, not to the abstraction known as the State nor to the government in office nor its political party. Patriotic Party v Ghana Broadcasting Corporation [1992-93] GBR 522 at 536 (Supreme Court of Ghana).

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