GHANA INDEPENDENT BROADCASTERS ASSOCIATION
V.
THE ATTORNEY GENERAL AND NATIONAL MEDIA COMMISSION

(2016) JELR 68165 (SC)

Supreme Court 30 Nov 2016 Ghana
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- The judgment discusses the importance of freedom of expression in democratic societies, citing it as a fundamental right that preserves other freedoms. - The case focuses on the National Media Commission (NMC), the regulatory body for med

Case Details

Suit Number:WRIT NO: J1/4/2016
Judges:AKUFFO (MS) JSC PRESIDING, DOTSE JSC, BAFFOE-BONNIE JSC, AKOTO- BAMFO (MRS) JSC, BENIN JSC, AKAMBA JSC, PWAMANG JSC
Counsel:KWAME BOATENG WITH HIM KWAKU OWUSU -AGYEMANG FOR THE PLAINTIFF; GRACE M. EWOAL (PRINCIPAL STATE ATTORNEY) WITH HER VIVIAN OPOKU – ,AGYAKWA (SENIOR STATE ATTORNEY) FOR THE 1ST DEFENDANT.,THADDEUS SORY WITH HIM NICOLE MARIE- POKU FOR THE 2ND DEFENDANT

JUDGMENT

BENIN, JSC

My Lords, this is a matter that touches the heart of our democratic process, talking about freedom of expression in all its facets. In democratic societies it is regarded as the most prominent fundamental right, a lever upon which all other rights hinge. In an article by Harry H. Wellington titled ‘On Freedom of Expression’ 88 Yale L.J. 1105, the author suggests that free speech is preservative of other freedoms. In MURDOCK v. PENNYSLVANIA, 319 U.S. 105, 115 (1943) free speech is given what was described as ‘preferred’ position. In other words, it is afforded more extensive immunity from external interference than most other human endeavours. This fact was not lost on the Committee of Experts who drafted the proposals that culminated in the adoption of the 1992 Constitution. The Committee opened their proposals with a quotation from the renowned John Stuart Mill, who wrote that “if all mankind minus one were of one opinion, mankind would be no more justified in silen…

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