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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