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Change of Date: WAMECA 2021 Awards rescheduled for October 22

The 2021 edition of the West Africa Media Excellence Awards has been rescheduled for Friday, October 22, 2021. This means both the Conference and Awards Ceremony will be held on the same day (instead of two separate days as earlier advertised).

WAMECA 2021, will be held in Accra, Ghana at the Alisa hotel on the theme: Misinformation, Digital Media Regulation and Journalism in Africa.

This year’s event will be a combination of both virtual and in-person meetings. It will host journalists, editors, media development experts, academics, and representatives from the public sector, civil society organisations, and other regional and international organisations.

The Conference will focus on how the rising spate of dis-misinformation and digital media regulation across Africa is affecting journalism and press freedom. Participants will share insights on the theme and make key recommendations.

The Awards Ceremony will honour journalists in West Africa who have produced compelling works that are positively impacting lives in society.

WAMECA is an initiative of the MFWA to promote media excellence in the sub-region. Each year since its inception, the event brings together stakeholders in the media industry in West Africa and beyond to deliberate on key challenges to media development and explore ways to support the media to promote good governance, regional integration and peace.

This year’s event is being supported by the Embassy of the United States in Ghana, MTN Ghana and STANBIC Bank Ghana with the partnership of over 50 media outlets across the sub-region.

Visit https://www.mfwa.org/wameca/ for more information on WAMECA 2021.

Click here to register for the event.

Nigeria’s broadcasting regulator queries Channels TV over ‘anti-government’ interview

In what seemed to be yet another move by the Nigerian government to suppress press freedom, the National Broadcasting Commission (NBC), which regulates the activities of broadcasting stations in the country, on August 24, queried privately-owned Channels Television for granting interviews allegedly considered to be critical of President Muhammadu Buhari.

NBC also reportedly summoned Channels TV presenters, Chamberlain Usoh and Kayode Okikiolu, and two other anchors of the TV’s breakfast programme titled, Sunrise Daily, which holds between 06:00 and 09:00 GMT+1 every day.

The query, which was obtained by the Media Foundation for West Africa’s correspondent in Nigeria, was directed to the television’s Managing Director and titled, ‘Notice of Infraction.’

The NBC Director-General Balarabe Ilelah in the query stated that Channels TV violated the broadcasting code when its Sunrise programme of August 24 hosted Dr Samuel Ortom, the governor of Benue state in northwestern Nigeria.

The broadcasting regulator claimed that during the programme, Ortom used words that were “inciting, divisive and unfair” – “which were not thoroughly interrogated by the anchors.”

NBC said the presenters’ action allegedly negated sections 1.10.4, 3.1.1, 3.3.1(b), 3.3.1(e), 3.11.1(a), and 3.12.2 of the Nigeria Broadcasting Code.

“Consequently, Channels Television is required to explain why appropriate sanctions should not be applied for these infractions of the Nigeria Broadcasting Code,” NBC said, adding that the station’s response should reach the commission within 24 hours of the receipt of the query.

The Media Foundation for West Africa’s correspondent watched the interview the NBC referred to. The video clip saw Mr Ortom lamenting the growing insecurity across Nigeria, particularly in his state where hundreds of people have been killed and thousands displaced as a result of banditry attacks, herder-farmer conflict, among others.

The governor also accused the President of having a hidden agenda to give the country to Fulani herdsmen, since the President is a Fulani and has allegedly consistently shown sympathy to the plight of Fulani herdsmen in Nigeria.

Ortom said, “Mr President is pushing me to think about what they say about him…that he has a hidden agenda in this country is true because it is very clear that he wants to ‘Fulanise’ [this country]. But he is not the first Fulani president.

“[Shehu] Shagari was a Fulani president; [Umaru] Yar’Adua was [also] a Fulani president, and they were the best in history. But President Buhari is the worst president when it comes to the issues of security and keeping his promises.

“Go back to 2015, what did he [Buhari] say? He talked about human rights issues, press freedom, the economy, corruption, security… Tell me one that Mr President has achieved.”

Channels TV has not publicly reacted to the NBC query but debunked the rumours which went round on social media that its anchors were arrested after they went to the NBC office in Abuja. It clarified that the anchors were invited by the NBC but returned on the same day.

Nevertheless, media analysts stressed that the incident was yet another pointer to NBC’s growing intolerance for views critical of the government and President Buhari.

In October 2020, NBC fined Channels TV, Arise TV, and African Independent Television each to the tune of N3 million ($7,300) for their reportage of the #EndSARS protests.

Also, in April 2021, NBC fined Channels TV N5 million ($12,200) over an interview the station held with Mr Emma Powerful, the spokesperson for the Indigenous People of Biafra (IPOB), a proscribed secessionist group in the country’s Southeast region.

Outraged by the latest query issued to Channels TV, a non-governmental organisation, Socio-Economic Rights and Accountability Project (SERAP), has threatened to file a lawsuit against NBC over the repeated harassment.

“We’re suing to end the harassment of Channels TV simply for carrying out its professional duties if the unlawful NBC query issued to the station is not withdrawn within 24 hours,” the group said.

President Barrow signs Access to Information Bill into law

The Media Foundation for West Africa welcomes the signing into law of The Gambia’s Access to Information (ATI) Bill and commends the government and civil society actors in the country for the historic feat.

President Adama Barrow yesterday assented to law the ATI Bill, which was passed by the National Assembly on July 1, 2021.

The signing of the Bill crowns five years of advocacy and stakeholder engagements in which various stakeholders led by the Gambia Press Union (GPU) through the CSO Coalition on ATI campaigned for legislation on access to information.

The adoption of the ATI law is in keeping with the 2016 campaign promise by then opposition coalition led by their presidential candidate, Adama Barrow, to use its first mandate to dismantle Yahyah Jammeh’s autocratic legacy and lay the foundations for democratic and accountable governance in The Gambia.

By adopting the Access to Information (ATI) law, the Gambia has shed its unenviable image as the only defaulting country in Anglophone West Africa. It previously shared that dubious reputation with Ghana which adopted a Rights to Information (RTI) law in 2019. Liberia did so in 2010, Nigeria in 2011 and Sierra Leone in 2013) as part of the transitional changes the three countries underwent after years of political turmoil. About 24 African countries have adopted RTI laws with the West Africa sub-region leading the pack.

While congratulating the government and people of The Gambia on the successful adoption of the law, we wish to urge the stakeholders to continue working together to put in place the appropriate administrative mechanism for the effective implementation of the law.

The signing of ATI Bill 2021 into law makes it the first time in the history of The Gambia for right of access to information to be legally recognised as a human right. The law is aimed at proactive and organised dissemination of public records and information to the people.

Chairperson of the CSO Coalition on ATI John Charles Njie said, “the Access to Information law as signed by President Barrow is in line with the wishes of many Gambians based on the feedback we gathered during the numerous consultations and sensitizations on the ATI across the length and breadth of the country.”

Chairman Njie expressed optimism that all stakeholders will join hands in ensuring that the law is implemented for the benefit of all Gambians, saying: “We hope that all individuals entrusted with the role of information dissemination will endeavour to dutifully uphold the rule of law.”

GPU President Sheriff Bojang Jr said the signing of the ATI Bill into law is a landmark achievement not just for the civil society or the media, but for The Gambia for it will go a long in fostering the culture of transparency and accountability in the public service.

Mr Bojang called on Gambians to test and use the law.

“If a law is not tested by the citizens, it becomes an empty document sitting there,” he said.

With the technical and financial support of its partners, the GPU planted the seeds of civil society-led access to information campaigns way back in 2016. After a series of consultative meetings with the Government and other civil society organisations, the GPU collaborated with TANGO (The Association of NGOs) to establish the CSO Coalition on Access to Information.

The change of Government in 2017 provided an opportunity for the media, government and civil society to work together towards a better Gambia.

How Twitter ban is affecting Nigerian journalists two months after

It’s about 60 days since the Federal Government of Nigeria banned Twitter in the country. In this article, MFWA’s correspondent in Nigeria examines the ban’s impact on journalists and their work. The article also explores the possibility of a restoration of the microblogging platform in the country.

It’s been over two months since Nigeria joined the league of countries like China, Iran, North Korea and Turkmenistan that banned the operations of social networking giant, Twitter, claiming the microblogging platform’s activities are capable of undermining Nigeria’s corporate existence.

The government blocked Twitter access on June 4, two days after the social media platform deleted a tweet by President Muhammadu Buhari for violating the company’s policies.

Buhari’s tweet referenced the Nigerian Civil War of 1967-70, during which more than one million people reportedly died when secessionists from the country’s southeast region sought to create an independent Biafra nation for the Igbo ethnic people.

Buhari’s tweet mentioned that he would deal with current secessionists in “the language they will understand.” The tweet’s genocidal tone caused a wave of protest on Twitter, prompting the social media platform to delete it. In retaliation, the Minister of Information and Culture, Mr Lai Mohammed, announced in a statement that the government would be indefinitely suspending the site’s operations.

Twitter has played a key role for journalists and activists in Nigeria with hashtags like #EndSARS bringing to global attention the brutality suffered by many citizens, especially youths, in the hands of the police.

Hence, since the suspension of the social media platform, several journalists who spoke with the Media Foundation for West Africa’s correspondent in Nigeria shared how it had affected their work.

Mr Innocent Duru, a journalist with The Nation Newspaper in Lagos, said he used to explore Twitter to source for story tips, noting that this avenue had been blocked since the ban on the social media platform.

“Information and contacts that one would have easily accessed on Twitter became difficult to get as a result of the ban,” he told MFWA.

“Twitter gave me the opportunity to get in touch with those who share information on the platform to do a follow-up. This has not been possible following the ban. Also, I previously used to get people to interview on Twitter. This has not been possible again,” he added.

Furthermore, Duru said he always shares the links to his stories on Twitter, enabling him to get public feedback. However, this has not been possible again.

Also, Ms Elfredah Kevin, a journalist with the online news outlet PeoplesGazetteNGR.com in Abuja, said the Twitter ban had really affected her work.

“As a journalist who most times source information from Twitter or sometimes see certain threads that are newsworthy and explore stories from them, today, all these seem not to be working well for me,” she said.

Many Nigerians still tweeting use the Virtual Private Network (NPN) to bypass censorship, but Kevin said the problem was that VPN slows down her device, making it difficult to access any information she needs on Twitter quickly.

“VPN usually slows down the network and this is a big challenge for me. Most times, whenever I turn on VPN to access Twitter, the network drastically goes down and it takes time to load, and when it eventually loads, it is difficult to have the needed and timely information,” she said.

Mr Tobi Aworinde of The Punch Newspaper in Lagos said he now uses free VPN on his smartphone to access Twitter but said he had been unable to find a free VPN for his laptop, the device that he most times uses for work.

So, having to look up tweets for story tips when using the laptop has been a major constraint for him ever since the ban.

“I have had to resort to using my phone for tasks such as online searches on Twitter and reaching newsmakers and sources via the app,” he said.

Meanwhile, Mr Mayowa Tijani, a fact-checking reporter with AFP and business editor at TheCable in Lagos, said the ban on Twitter had affected his work both positively and negatively.

“On the negative side, we have seen a general reduction in engagement from Nigerians who cannot or are not willing to join Twitter conversations using VPN. This also means journalists’ stories are reaching fewer people and having a perhaps lesser impact on the general public,” he said.

However, on the positive side, Tijani said he noticed the ban had reduced the spread and frequency of government-driven propaganda and misinformation in Nigeria.

Mr Sikiru Obarayese, a reporter with the Daily Post in Osogbo, the capital of Osun state in southwestern Nigeria, also said because of the Twitter ban, he had been unable to connect with sources typically found on the platform.

“Not everyone knows there is a way of accessing Twitter despite the ban, hence this has greatly reduced engagement with audience on the application, thereby making it hard to get feedback on reports,” he told MFWA.

A freelance journalist based in Sokoto, the capital city of Sokoto state in northwestern Nigeria, Mr Olokooba Abdulwasiu, succinctly put it that “denying me access to Twitter is like taking away my food.”

Hope on the horizon?

The Twitter ban has continued to generate backlash from both local and international communities, who aver that the Nigerian government’s action stifles press freedom and freedom of expression, contrary to the provisions of the Nigerian constitution and African Charter on Human and People’s Rights.

On August 4, the United States Consul General in Lagos, Ms Claire Pierangelo, did not mince words in saying the Twitter ban was a threat to human rights.

She further described the Nigerian government’s threat to prosecute those who use VPN to tweet as an encroachment on press freedom, freedom of expression, and civic space.

“History is full of cautionary tales showing that when governments try to limit citizens’ right to talk about certain topics, important conversations are pushed into the shadows. Rigorous debate promotes transparency and social stability,” Pierangelo said at an event in Lagos.

Despite the Twitter ban, the US diplomat urged reporters, editors, media executives, and civil society organisations to remain vigilant to protect the right to freedom of expression and press freedom.

Nigerian media analyst and lawyer based in the United States, Dr Kunle Ibrahim, told MFWA on the phone that the Twitter ban was a sign that the government was intolerant to criticisms.

“Governments that decide to shut platforms like Twitter don’t want the citizens to criticise them; they are afraid of their corrupt deeds to be exposed. That is the meaning I can read to the Twitter ban,” he said.

However, the Nigerian government has hinted that it may lift the Twitter ban soon based on some understanding reached with the social media company.

Local news outlets reported that Mr Mohammed, the Minister of Information and Culture, on August 11, told journalists that progress had been made in resolving the disagreement between the parties following series of meetings.

Mohammed claimed that most of the conditions given to Twitter had been accepted by the company, but said the remaining condition was that the social media giant must register and open an office in Nigeria.

The minister assured that “everything will be ironed out with Twitter within a matter of days or weeks.”

In Twitter’s response seen by MFWA, the company did not mention reaching an agreement with the Nigerian government but said it was anticipating that Nigerians could start using the platform soon.

“Our aim is to chart a path forward to the restoration of Twitter for everyone in Nigeria. We look forward to ongoing discussions with the Nigerian government and seeing the service restored very soon,” Twitter’s notice read.

The MFWA remains deeply worried by the Twitter ban in Nigeria because this amounts to a clampdown on press freedom and freedom of speech, which are both guaranteed in sections 22 and 39 of the Nigerian constitution, respectively.

We urge the government to quickly reverse the ban for the citizens to continue expressing their opinions guaranteed under Article 19 of the United Nations Universal Declaration of Human Rights, which Nigeria is a signatory to.

60 days on, Nigerian authorities yet to make headway in investigations into journalist’s murder

Today, August 18, 2021 marks exactly 60 days since journalist Titus Badejo was killed, and, as usual, the Nigerian authorities have failed to give any update on investigations into the incident, thus underlining the state of impunity for crimes against journalists in the country.

Badejo, a former radio presenter with Naija FM, was murdered by unknown gunmen on June 19, at a nightclub in Ibadan, the capital city of Oyo state in southwestern Nigeria. The gunmen ordered Badejo and his friends out of the car before picking out the journalist with their bullet. The assailants fled immediately without harming anyone else which shows that the journalist was targeted. The assailants did not take anything from their victims, which rules out a robbery motive.

“Comprehensive investigations are in top gear to unravel the circumstances surrounding the incident and to apprehend the assailants. Verifiable updates would be provided soonest,” police spokesperson Adewale Osifeso had assured the grieving media fraternity.

But two months down the line, fears are growing that Badejo’s case might join the long list of murders of journalists that quickly get consigned to oblivion.

“We hope that for once, the Nigerian authorities will be able to conduct thorough investigations into the killing of Badejo. The journalist’s family, colleagues and the media fraternity need to come to a closure about this umpteenth murder of a media practitioner in Nigeria.  It is the duty of the government to ensure justice and redeem a measure of the country’s notoriety for amnesia and impunity surrounding earlier such killings in Nigeria,” said Muheeb Saeed, Programme Manager for Freedom of Expression at the Media Foundation for West Africa (MFWA).

The fatal gun attack on Badejo is the second killing of a journalist in Nigeria in ten months. On October 24, 2020, security agents assaulted and carried away Pelumi Onifade who was covering the #EndSARS protests for Gboah TV, an online television channel. It was the last time the 20-year-old intern was seen alive. The body of the student journalist was found in a mortuary in Ikorodu Lagos, after a week of search at police stations and prison facilities in Lagos. Onifade reportedly died in police custody from the injuries he sustained from the severe beatings and his body deposited at the mortuary.

The latest case involving Titus Badejo brings to eight the incidents of unresolved killing of journalists in Nigeria over the past five years, four of them in 2017 alone.

On this landmark occasion of 60 days since Badejo’s killing, the MFWA is urging the Nigerian authorities to shake off the lethargy and do everything possible to bring to account those responsible for the journalist’s murder. Nigeria needs to send a signal that it has the will and the capacity to track down and punish perpetrators of violence against journalists.

It is the least the authorities can do to help the family, friends and media colleagues of the deceased journalist to cope with their shock and grief over his violent elimination.  Badejo’s murder is one more too many and a failure to unravel it will further dent Nigeria’s image as a haven for killers and assailants of journalists.

MFWA supports media, journalism training in Niger with books

On Tuesday, 10th August 2021, the Media Foundation for West Africa (MFWA) donated over forty (40) publications to the Information and Communication Training Institute in Niger (IFTIC-Niger).

The books donated cover broad and specific issues of Freedom of Expression Rights, Media and Elections, Safety of Journalists, Right to Information, Legal Frameworks covering the work of the Media in several countries across West Africa, Digital Rights, and other related issues. The publications were handed over to the General Director of the Training Institute, Mr Amadou Sahadou Illiassou.

The donation to IFTIC-NIGER forms part of the MFWA’s commitment to contributing to the education of students in the fields of journalism, communications, and human rights. The MFWA had previously extended such supports to schools and/or departments of journalism, media, and communication studies in nine Universities across Ghana and aims at making such donations to other media training institutions in the respective countries in the region. This donation to IFTIC-Niger, thus, aimed at resourcing both students and the institute with rich reference points for teaching, learning, and research.

“The MFWA is happy to extend this support to IFTIC-Niger and hopes these books will contribute to enhancing students understanding of the media ecosystem and issues around media freedom, media laws, media sustainability, not only in Niger but also across the sub-region,” Rachad Bani Samari, Programme Associate under the Media and Good Governance Programme at the MFWA, said while making the presentation.

Mr Amadou Sahadou Illiassou, the General Director of IFTIC-Niger, and Mr Ali Seydou, representative of the Minister of Communication, expressed their gratitude towards both the Media Foundation for West Africa (MFWA) and its national partner in Niger, the National Independent Observatory for Media Ethics in Niger (ONIMED) for this donation.

“We are grateful to both the MFWA and ONIMED for this generous support extended to our Institute. It is going to enrich our library and we are going to make good use of them. Together we can improve media professionalism and this donation will play a key role in achieving such an aim,” Mr Sahadou Illiassou said.

Enhancing Transparent and Accountable Governance through Access to information in Niger: Top 5 Recommendations by key stakeholders

The Media Foundation for West Africa (MFWA) in collaboration with its national partner the Nigerian Independent Observatory of Media Ethics (ONIMED) on August 10, 2021 convened a public forum on the theme: The Role of Access to Information for a transparent and accountable governance in Niger.

The forum brought together journalists, lawyers, anti-corruption CSOs, journalists’ groups/associations and the office of the mediator of the Republic. Among the key officials at the forum were M. Ali Seydou, representative of the Minister of Communication and officer in Charge of relations with public institutions, Mr. Mustapha Kadi, representative of the Mediator of the republic, etc.

Reflections and deliberations focused on the current state of the implementation of the charter in Niger; the emerging challenges faced by the office of the mediator of the republic in enforcing the law, the importance of the law and how it can used to improve accountability and transparency, the way forward on what should be done to improve the implementation and use of the law. After four hours of deliberations, participants made the following five key recommendations:

  • The office of the mediator of the Republic and CSOs should embark on public sensitisation campaigns about the charter:

The charter on access to public information has been adopted in Niger since 2011, however, a limited number of journalists and public officials in the country are aware of its existence and how to use it. Both citizen and journalists are central to the adequate implementation of the charter. When aware of the importance of the charter, citizen will be empowered to use it to request for information and in the long-term demand accountability from public officials, and transparency in public affairs.

The office of the mediator of the Republic, as the institution in charge of ensuring adequate implementation of the charter, and CSOs must therefore embark on public education campaigns and raise awareness among the public of the existence of the charter, its importance, and how it can be used to exercise their constitutional rights of access to information.

  • The office of the mediator of the Republic and Media development organisation should build capacity of the media and public officials in the utilisation of the charter:

One challenge raised during the forum is that public officials as well as journalists in Niger have low capacity in the utilisation of the charter. While public officers struggle to clearly define their roles as information officers, how to process an information request, fees and charges, etc, journalists on the other hand have issues in understanding the law, how to make an information request, duration for information processing, exemptions, appeal process, etc. This situation has often resulted in journalists resorting to mere phone calls to access information and often, they oral requests via phone calls are denied. It has created over time a climate of hostility between the media and public officials.

Should both parties have a better understanding of the charter and their roles, it would help in its smooth implementation, reduce administrative opaqueness on the side of the government, generate more proactiveness in information disclosure, and allow journalists to access information to produce fact-based reports and adequately play their watchdog role. Key stakeholders present at forum urged the office of the mediator of the Republic, and media development organisations to jointly organise capacity building trainings for both information officers and journalists.

  • Enhance the Archiving system:

An essential aspect of access to information is the archiving system. In Niger, every public institution archive on annual basis administrative documents at the national archive office. Some of the documents archived include contracts, reports, budget reviews, budgetary allocations, etc. An information requested can be found in the national archives. A robust archiving system is considered to be a pre-requisite to access information. Keeping a well-structured records system does not only improve quality of public administration and prevent information manipulation and destruction, but also, ease the process for information request and accessibility.

However, in Niger, archived documents are in danger as the national archive office has on several occasions been flooded with several documents destroyed, and the building is currently at risk of a fire disaster. Furthermore, the Archive Council of Niger which is the body to oversee the national archiving system has not been operational. The gloomy state in which the archives in Niger are found is a contributing factor to the limited implementation of the charter on access to information as information requested cannot been found.

In view of this, the government is urged convene a meeting with the Archive Council to take updates on the state of affairs, provide resource to the national archive office to improve on the safety of its facility, speed up the digitalisation process of the archives and ensure adequate record keeping in order to safeguard the documents and facilitate access to information.

  • Adopt the complementary decree on access to information:

Following the adoption of the Charter on access to information, several stakeholders have raised a number of concerns. Some of them included the lack of clarity on the fees to be charged by an institution in providing information, how should sanctions be imposed on public officials that do not provide an information, etc. Based on such challenges, the office of the mediator of the republic with contributions from several stakeholders drafted a decree that is to complement the charter and ease the process of access to information. However, the decree has been drafted for some years and is awaiting adoption by the government. Stakeholders, and like-minded institutions at the forum are calling on the government to adopt the decree to iron out some misunderstandings in the interpretation and application of the law. This will contribute to the smooth implementation of the charter.

  • Adopt a law protecting whistle blowers:

Whistle blowers in Niger have over the years suffered attacks, persecution, and intimidation. Such a context has over the years instilled fear in public servants and created a culture of secrecy. This led to the coinage and use of a popular expression in Niger “professional secret” when a public servant is unwilling and not comfortable in disclosing an information. As of 2019, Niger lacked legal instruments to protect whistle blowers and in the 2020 Governance Defence Index by Transparency International, Niger scored the lowest mark of F8 on the protection of whistle blowers. The adoption of a law to protect whistle blowers can create an environment favourable to information disclosure, engender investigations by journalists, and in the long term ensure public accountability, and transparency. Therefore, the government must adopt a law protecting whistle blowers.

The meeting also saw the launch of a manual for journalists on Access to Information and a training workshop that enhanced journalists’ skills and knowledge around the ATI law and how to use it to develop compelling stories.

MFWA to hold story development bootcamp for investigative journalists in Niger

The Media Foundation for West Africa will from August 11-12, 2021 hold a Residential Story Development Bootcamp for selected journalists in Niger. This follows the successful maiden edition held for journalists in Ghana.

The Bootcamp will provide a platform for the participating journalists (drawn from print, radio, television, and online news media organisations) to brainstorm on their story ideas and discuss more effective approaches to pursuing those stories. It will also be an opportunity for peer learning, experience sharing, and mentorship.

The residential boot camp will comprise interactive presentations from seasoned media professionals, group works, and practical story development sessions. Significantly, participants will reflect on how to use Niger’s Access to Information Charter (Charter on Access to Public Information and Administrative Documents) to access factual public information to advance their story development.

The Residential Story Development Bootcamp for journalists is being implemented in three countries in the region – Ghana, Niger and Cote d’Ivoire. It aims at increasing the knowledge of journalists on access to information and its relevance in democratic governance. This will ultimately contribute to increasing accountability reporting by journalists through efficient utilisation of access to information (ATI) laws.

It forms part of the MFWA’s project “Promoting Press Freedom, Independent Journalism and Democratic Governance in West Africa” which is supported by the Open Society Initiative of West Africa (OSIWA).

Ghana: MFWA welcomes high court ruling ordering government to stop collecting personal data

A High Court in Ghana has ordered the state agency, National Communications Authority (NCA), to stop collecting personal information from mobile phone subscribers. The court also ordered the government to delete data already collected within fourteen days of the court judgement.

The judgment followed a legal action by a private legal practitioner, Francis Kwarteng Arthur, who affirmed that the collection of mobile phone subscriber data by the government breached the Data Protection Act, 2012 (Act 843).

Following the outbreak of the COVID-19 pandemic, Ghana’s President, Nana Addo Dankwa Akufo-Addo, signed Executive Instrument (EI) 63 which is the Establishment Emergency Communications System Instrument, 2020.

The Executive Instrument, which was signed by the President on 23rd March 2020, referred to the powers bestowed on the President under Section 100 of the Electronic Communications Act, 2008 (Act 775), which states that “The President may by executive instrument make written requests and issue orders to operators or providers of electronic communications networks or services requiring them to intercept communications, provide any user information or otherwise in aid of law enforcement or national security.”

The Executive Instrument indicated that “Ghana is committed to dealing with emergency situations especially public health emergencies.” Hence, there was an “urgent need to establish an emergency system to trace all contacts of persons suspected of or actually affected by a public health emergency and identify the places visited by the persons suspected of or actually affected by a public health emergency.”

The Executive Instrument, therefore, ordered network operators to put their network at the disposal of the state for mass dissemination of information to the public. It also ordered network operators to cooperate with the National Communications Authority Common Platform to provide information to state agencies in the case of an emergency including a public health emergency.

This order tasked the network operators to provide the following information to the National Communications Authority Common Platform, all caller and called numbers, merchant codes (for mobile money), mobile station international subscriber directory number codes and international mobile equipment identity codes and site location etc.

The Executive Instrument also made provision for an institution designated by the Minister of Communication and Digitization to establish a Central Subscriber Identity Module Register.

Raising privacy concerns, Francis Kwarteng Arthur sued the National Communications Authority, two telecommunications companies; MTN Ghana and Vodafone Ghana and the institution in charge of the Central Subscriber Identity Module Register, Kelni GVG in April 2020.

The private legal practitioner went to court to seek an order to quash the President’s Executive Instrument because the order “violated, are violating or are likely to violate” his “fundamental rights and freedoms.” He also appealed to the Court to place a perpetual injunction to restrain the government, Kelni GVG and the NCA “from using the Executive Instrument to procure the applicants’ personal information from” Vodafone Ghana, his network provider.

The Attorney General, however, said that the Executive Instrument was to help the government conduct contact tracing as part of efforts to fight the COVID-19 pandemic.

The High Court presided over by Justice Rebecca Sittie, however, acknowledged that the Executive Instrument 63 violates people’s right to privacy.

The court ordered the NCA, Vodafone and Kelni GVG to each pay damages of GH¢20,000 to Arthur.

Under the Subscriber Identity Module (SIM) Registration Regulations (L.I. 2006), before any individual can use a SIM card in Ghana, they must register the SIM cards with a network provider by providing their name, addresses and proof of identification.

Further, under the Section 8.2 of the Electronic Communications Act, 2008 (Act 775), network operators or service providers may be authorised by the NCA to disclose lists of its subscribers, including directory access databases, for the publication of directories or for other purposes that the Authority may specify.

That is to say that if the government indeed wanted the contacts of people to do tracing, as the Attorney General indicated in his submission, the NCA could simply have used Section 8.2 of Act 775 to get the SIM registration details of subscribers from network operators or service providers. It is therefore curious as to why and to what practical end the government will request the network operators and service providers to gather additional data of ALL users of telecommunications services such as merchant codes (for mobile money), mobile station international subscriber directory number codes and international mobile equipment identity codes and site location, etc. In fact, the Section 100 of Act 775 that the government rode on to introduce EI 63 allows the President to order for the interception of communication or provision of a user information not information of ALL users.

It does appear that the government saw the COVID-19 emergency as an opportunity to arrogate more powers to collect user data and also give more authority to Kelni GVG to establish a common platform by connecting real-time to the entire switch of the physical network nodes of MTN Ghana, Vodafone Ghana, AirtelTigo Ghana. Many Ghanaians had expressed concern that this was in breach of Article 12 of the 1992 Constitution which protects the privacy of all persons. It is also in breach of Section 73 of the Electronic Communications Act 2008 (Act 775) which mandates telecommunications companies to ensure that correspondence of their users is not intercepted or interfered with.

The MFWA, therefore, welcomes the Court ruling as a step in the direction of protecting individual rights to privacy in the digital space. We urge the government of Ghana and its ministries and agencies, and all other parties to comply with the court ruling. The MFWA further calls on citizens and civil society across West Africa to remain vigilant over the numerous restrictions imposed in the wake of the COVID-19 emergency in order to ensure that they are scaled back or scrapped as and when appropriate.

Pro-partisan media organisations account for over 50% of media ethics violations in Ghana

A recent media monitoring study by the Media Foundation for West Africa (MFWA) has shown that politically-affiliated media organisations perpetrate over 50% of media ethics violations in Ghana.

The study which covered the period June 2020 to May 2021 found that out of the total of 2,710 ethical violations recorded on the media organisations monitored, 1,469 violations, representing 54% were attributed to media organisations that are pro-partisan or affiliated with a known political party. Two of such media organisations, Power FM and Oman FM, were noted to be among the worst culprits of ethical infractions. Some shows of these partisan radio stations occupied the top five spots of programmes that recorded the highest frequency of ethical violations during the monitoring.

The Media Foundation for West Africa between June 2020 and May 2021 monitored the incidents of ethical infractions/violations on 26 influential media organisations made of up 10 radio stations, 10 newspapers and six news websites. The objective was to identify such incidents and draw attention to the breaches as a way of fostering adherence to ethical principles by media organisations.

A total of 22,271 media content was monitored out of which 2,710 ethical violations were recorded. Out of the total 2,710 ethical violations recorded, 1,754 (65%) were recorded on radio, 906 violations (33%) were recorded on News websites whilst 50 (2%) were recorded by Newspapers.

Power FM, Oman FM and Accra FM (all politically-affiliated) topped the radio violation chart. Ghanaweb.com topped the news website chart with a whopping 906 violations whilst the Daily Guide newspaper, topped the newspaper chart with 27 violations.

Ethical principles violated

Decency (1,292) was the most violated ethical principle, followed by Accuracy (574), with Good Taste and Public Sensibilities (478) being the third-most violated principle. Power FM was the highest violator of the principle of Decency (364) whilst Oman FM took the number one spot as the highest offender of the principle of Accuracy (273).

Inside Politics, an afternoon political talk show hosted by Mugabe Maase on Power FM, recorded the highest violation with 411 incidents followed by National Agenda, Oman FM’s morning show hosted by Yaw Amofa, recording 326 violations.

The Media Ethics Monitoring project formed part of MFWA’s work aimed at enhancing media professionalism to inspire public confidence and support for press freedom in Ghana. It was implemented with funding support from the Embassy of the Kingdom of the Netherlands.

The full report contains the total ethical principles violated, the names of the media outlets on which those infractions were made, among other findings. Click here to access the report. The instrument used for the monitoring, which contains the category definitions for tracking and reporting of ethical principles, is also available here.

For further clarifications, contact the Programme Manager, Abigail Larbi-Odei (0244867047) or Programme Officer, Kwaku Krobea Asante (0249484528).

Ghana: MFWA, 642 journalists and supporters of press freedom petition Parliament over recent attacks on journalists

The Media Foundation for West Africa (MFWA) has mobilised 642 people, most of them journalists, alongside some supporters of press freedom to petition Parliament to address recent attacks on journalists and the media in Ghana.

The petition, dated June 19, 2021, was triggered by the recent attack on Erastus Asare Donkor of the Multimedia Group Limited by the Member of Parliament for Assin Central, Kennedy Ohene Agyapong. It referred to similar incitement by the MP against Ahmed Hussein Suale a few months before the murder of the investigative journalist in 2019.

“We consider the MP’s open call for the journalist to be beaten as deeply worrying and dangerous. This concern is premised on similar calls by Kennedy Agyapong for under-cover journalist Ahmed Hussein-Suale to be attacked. As you must be aware, the journalist was killed by as yet unknown assailants a few months after the MP published his pictures and called on his supporters to attack him.”

The petition catalogued recent press freedom violations in the country including the assault on Caleb Kudah of Citi TV/FM which it said threaten to tarnish Ghana’s image as a bastion of democracy and respect for press freedom.

The MFWA and its co-petitioners, therefore, called on parliament to ensure that:

  1. Honourable Kennedy Agyapong is appropriately sanctioned to deter him from similar conduct in the future and to also prevent him from acting in ways that undermine the integrity of the high office of a Member of Parliament and by extension the Honourable House.
  2. Adequate security is provided to Erastus Asare Donkor by the Ghana Police Service.
  3. The officers involved in the brutal assault on Caleb Kudah, particularly Lt-Colonel Acheampong, are appropriately sanctioned.
  4. The Inspector-General of Police and the Attorney-General are summoned to brief the House on the status of investigations into the murder of Ahmed Suale and the status of investigations into other violations.

Kindly click here to read the petition

Ghana’s Information Commission orders release of information to journalist at $0.33 instead of $1,000 demanded by state agency

Ghana’s Right to Information (RTI) Commission has delivered what many consider as a milestone decision that signals the Commission’s commitment to ensure an effective implementation of the country’s new RTI law (RTI Act, 2019, Act 989).

In its first decision since its establishment, the Commission has ordered the country’s Minerals Commission to grant access to information requested by a journalist, Mr Evans Aziamor-Mensah.

Mr Aziamor-Mensah, a repoter with The Fourth Estate, an investigative journalism project of the Media Foundation for West Africa, had petitioned the country’s Information Commission to complain about the Minerals Commission, Ghana’s mining regulator’s, demand for $1,000 before it would release some requested information.

But in a ruling, delivered on Monday, July 19, 2021, the Right to Information Commission has quashed the Minerals Commission’s demand and has ordered that The Fourth Estate pays Gh1.90 pesewas ($0.33).

The decision by the RTI Commission is the first the body is making since it was established in October 2020, a year after the RTI law was passed in Ghana. The RTI Commission is clothed with powers, including resolving complaints through negotiation, conciliation, mediation or arbitration. It also has the power to make any determination as it considers just and equitable including issuing recommendations or penalties in matters before it.

Mr Evans Aziamor-Mensah had requested from the Mineral Commission information on companies licensed to undertake mining in Ghana between January 2013 and May 2021, and companies whose licenses have been revoked or suspended within the same period. The journalist had requested the information under the RTI law of Ghana which indicates that public institutions must only charge applicants the cost incurred in reproducing the information requested. He had requested the pieces of information are provided to him in PDF format and sent to them via email or he be invited to pick a hard copy.

However, in a response to Mr Aziamor-Mensah contained in a letter signed by the Chief Executive Officer of the Minerals Commission, Martin K. Ayisi, the organisation requested an equivalence of $1,000 citing an establishing Act of the Commission.

“Kindly be informed that in accordance with section 75 of Act 989, Section 103 of the Minerals and Mining Act, 2006 (Act 703), as well as Regulation 4 of the Minerals and Mining (Licensing) Regulations,2012 (LI 2176), the application fee payable is the Ghana Cedi equivalent of five hundred US Dollars (US $500) per request. Thus, the applicable fee payable for the above information is the Ghana Cedi equivalent of one thousand US Dollars (US$1000).”

The Fourth Estate, on June 17, petitioned the RTI Commission for a review, stating that they are dissatisfied with the decision of the Minerals Commission which attempts to charge for the preparation of the information contrary to sections 75, 80 and 85 of the RTI law. It was the first-ever petition the RTI Commission was being presented with since its establishment.

On July 19, 2021, the RTI Commission submitted a 13-page determination on the matter to The Fourth Estate and the Minerals Commission. The RTI Commission’s decision scrapped the Mineral Commission’s demand for the equivalence of $1,000 and established a charge that commensurates the cost of reproducing the information in accordance with the RTI law.

“The Commission hereby sets aside the decision of the Respondent [Mineral Commission] dated June 7, 2021, demanding payment of Ghana cedi equivalent of USD 1,000 by the Applicant [Evan Aziamor-Mensah of The Fourth Estate] for the information he requested,” the RTI Commission stated in its determination.

“The Commission directs the Chief Executive Officer of the Minerals Commission, Mr Martin K. Ayisi, to ensure the application of a charge or fee of either 1.80 Pesewas multiplied by the number of pages of information to be printed or 1.90 Pesewas, if the information in its entirety is to be emailed to the Applicant in PDF format.”

“We welcome the decision by the RTI Commission and commend the Commission for a progressive decision based on a true and proper understanding and interpretation of the law,” Sulemana Braimah, the Executive Director of the MFWA, said.

“This decision is significant for many reasons given that this is the first decision of the Commission. We had gone to court on a similar matter on fees and charges with the National Communication Authority at a time when the Commission was not yet functional. This decision sets a great precedent for the implementation of the RTI law. It affirms the fact that public institutions cannot hide behind fees and charges to deny journalists and citizens access to information, which will be defeating the ultimate aim of the law. We hope that this decision will spur everyone on to use the law as an instrument to assert their right of access to information, and to help promote transparency and accountability in the public.”

The RTI Commission has ordered the Minerals Commission to provide The Fourth Estate with the information requested within 14 days from the date of the determination.