BROADCASTING REFORM IN GHANA: A CRITICAL ANALYSIS OF BROADCASTING POLICY AND REGULATORY CHANGE 1994-2008 Abubakari Sidick Ahmed A thesis submitted to the Faculty of Humanities University of the Witwatersrand, Johannesburg, in fulfillment of the requirements for the degree of Doctor of Philosophy (PhD) Johannesburg 2012 Abstract This study is a critical policy analysis on broadcasting reform in Ghana between 1992 and 2008 with a particular interest in critically tracking and examining the changes that occurred in broadcasting policy and regulation. Beyond the intrinsic value and relevance of policy and regulation, this study focuses on the factors and forces that are generative of the changes as occurring within the context of a defunct military regime to a more pluralistic, multi-party and open participatory democratic political system. Also, in focus are the ways in which the policy and regulatory changes occurred, the impact of the changes on the Ghanaian broadcasting system and its structures. The study not only examined and corroborated related policy and regulatory documents from primary and secondary sources but also garnered insights of policy-making “actors” interviewed. Finally, the study determines the policy and regulatory gaps in an attempt to provide recommendations for a new broadcasting policy and regulatory direction for the country. ii Declaration I declare that this thesis is my own unaided work. It is submitted for the degree of Doctor of Philosophy, at the University of the Witwatersrand, Johannesburg. It has not been submitted before for any other degree or examination at any other university. ---------------------------------- Abubakari Sidick Ahmed ----------------day of ....................2012 iii Dedication To my family, doctors, nurses and true friends Who took excellent care of me when I fell ill With sincere thanks for their love, encouragement and hope during the writing of this thesis. iv Acknowledgement I first acknowledge Almighty ALLAH, the most Gracious, the most merciful and to whom I commit my life and soul and believe has empowered me to finally accomplish what seemed like a near impossibility having been suddenly struck with liver failure on my very first research information gathering trip to Ghana and later had to undergo a critical transplant surgery at the Wits Donald Gordon Medical Centre in Johannesburg after one and half years of hospitalization. I owe a debt of gratitude to many a person. It is difficult to acknowledge the varied assistance I received from each of them: for some it was their precious time, valuable research material, willingness and availability for personal in-depth interviews, discussions, proof reading, comments and suggestions. For others it was words of encouragement, hope and support. I reserve a special mention to my wife Barikisu, who roundly stood by me despite the odds throughout the entire research process. I also recognize the emotional support from my aunt Khadija Musah, my sister Ramatu Ahmed, my brother Rashid Amadu, and my Pro-Vice Chancellor Professor Kwesi Yankah and my trusted friend and brother Abdallah Ali Nakyea. On a more academic level, my indefatigable, energetic, and enthusiastic supervisor, the Dean of the Faculty of Humanities Professor Tawana Kupe deserves a unique mention for his incisive and constructive comments and guidance which stimulated my desire and quest for knowledge which sharpened my mind on critical thinking, analysis and problem-solving. Professor Tawana Kupe was indeed my giant and tower of academic excellence during the research and on whose shoulders the future of the broadcasting policy and regulation landscape in Ghana was clearly and unambiguously captured in this thesis for posterity as a trail blazer. v Table of Contents Abstract ii Declaration iii Dedication iv Acknowledgement v Abbreviations xiv Chapter 1 1 Introduction 1 1.1 Background 1 1.2 Aim and Rationale 2 1.3 A long history of state ownership and control 2 1.4 Piecemeal state driven reform through the period of military rule 5 1.5 Multiparty politics, economic liberalisation and media reform debates 8 1.6 Broadcasting and regulatory reform debates globally 12 1.7 Emergence of a pluralistic broadcasting environment 13 1.8 Research Questions 13 1.9 Conclusion 14 Chapter 2 15 Conceptual and theoretical framework and literature review 15 2.1 Introduction 15 2.2 The normative roles of the media and democracy 15 2.2.1 Inform 16 2.2.2 Analysis 17 2.2.3 Educate 17 vi 2.2.4 Watchdog 17 2.2.5 Open forum for debate and discussion 18 2.2.6 Entertainment 18 2.2.7 Cultural representation 20 2.3 Public service broadcasting: conceptual genesis and evolution 21 2.3.1 Public service broadcasting 27 2.5 Economic justification for public service broadcasting 29 2.6 Critical political economy of the media 30 2.6 Enabling or constraining factors of ideal normative roles of broadcasting 35 2.6.1 Political and economic context 36 2.6.2 Broadcasting policy and regulatory context 36 2.7 Understanding policy and policymaking: the ideal 37 2.7.1 “Actors” in policymaking 37 2.7.2 The ideal model of independent broadcasting regulation 38 2.7.3 Different international approaches to broadcasting regulation 40 2.7.4 Why broadcasting regulation? 42 2.7.5 Regulation and internet content 45 2.7.6 Mechanisms of broadcasting regulation 45 2.7.7 Licensing as a primary instrument of broadcasting regulation 46 2.7.8 Ownership 47 2.7.9 Funding and finance 47 2.8 Conclusion 49 Chapter 3 51 Research Methodology and Analysis 51 3. 1 Introduction 51 vii 3.2 Research Methods 53 3.3 Records and documentation sourced 54 3.4 In-depth oral discursive and interview sources 56 3.5 Analysis of information 58 3.6 Conclusion 59 Chapter 4 60 Factors Influencing Ghana’s Broadcast Policy and Regulation 60 4.1 Introduction 60 4.2 The evolution of broadcasting policy, legislation and practice 60 4.2.1 The colonial state and broadcasting policy-making and regulatory practice 61 4.2.2 Broadcasting policy and legislation in post-colonial Ghana 65 4.2.3 Reorientation of broadcasting policy and legislation pre-1992 Constitution 70 4.3 Reform imperatives: Economic, political and constitutional 72 4.3.1 Contextualizing the economic down-turn as impetus for reforms 73 4.3.2 Understanding structural adjustments 76 4.3.3 Inherent contradictions and ramifications of structural adjustment 77 4.3.4 Pressures from western governments and financial institutions 79 4.3.5 Winds of democratic change in Africa and developing countries 80 4.4 The promulgation of the 1992 Constitution 82 4.5 Policy and regulatory documents sourced 83 4.5.1 The 1992 Republican Constitution of Ghana. 84 4.5.2 The National Media Commission (NMC) (Act 449) of 1993 88 4.5.3 NMC (Complaints and Settlement Procedure and Regulation, 1994) 89 4.5.4 The NMC National Media Policy - 2000 90 4.5.5 NMC Broadcasting Standards - 2000 90 viii 4.5.6 Guidelines for Political Journalism – October 2008 91 4.5.7 Fair and Equitable Coverage of Political Parties 91 4.6 National Communications Authority (NCA) Act, 1996 (Act 524) 92 4.7 National Communications Policy December 21, 1998 (DRAFT) 94 4.8 National Telecommunications Policy – 2005 95 4.9 Conclusion 96 Chapter 5 98 Changes in Broadcasting Regulation: Perspectives of state and non-state “actors” 98 5.1 Introduction 98 5.2 Genuine national imperative to open up the airwaves 98 5.3 Propaganda radio: An African tragedy 102 5.3 Emergence of Radio Eye and pluralism 103 5.4 Regulatory legislation 106 5.5 Policy and regulatory ambivalence 107 5.5.1 National Media Commission (NMC) 110 5.5.2 National Communications Authority (NCA) 112 5.5.3 Piecemeal legislative change 113 5.5.4 Frequency allocation 115 5.5.5 Independence of regulatory bodies 118 5.6 Public service broadcasting 119 5.6.1 Ghana Broadcasting Corporation (GBC) 121 5.6.2 GBC in search of true identity 124 5.6.3 The public and GBC: An overview 130 5.6.4 Political parties 146 5.7 Towards an outline of regulatory institutions 148 ix Chapter 6 158 Analysis: Impact of Changes on Ghana’s Broadcasting System 158 6.1 Introduction 158 6.2 Political economy approaches and ideology 160 6.2.1 Interplay of media economics and political economy approaches 163 6.3 Broadcasting regulation and the rise of market economy: Foes or friends? 164 6.4 The context 168 6.5 The pressure to democratize and liberalize the airwaves 170 6.6 The 1992 Constitution, freedom of expression and of the media 172 6.6.1 Key Constitutional provisions on free speech and media freedoms 173 6.7 Broadcasting regulation and the controversy of licensing 175 6.8 Challenges in broadcasting policy 180 6.9 The informal sector and changes in broadcasting policy 185 6.10 Role and influence of talk radio (phone/call-ins) in broadcasting policy 186 6.12 Liberalisation and broadcasting regulation: 1992-2000 190 6.13 Partisan parliamentary debate on broadcasting regulation 197 6.14 Liberalisation and broadcasting regulation: 2001-2008 199 6.15 Modes of broadcasting licensing: frequency allocation 201 6.16 Conclusion 202 Chapter 7 204 Analysis: Implications of a more democratic system 204 7.1 Introduction 204 7.2 Paralysis of broadcasting regulatory reforms in Ghana 206 7.2.1 The rhetoric of independent regulation 207 7.2.2 Why broadcasting regulation? 210 x 7.3 Sacrificing public broadcasting service for IMF/World Bank Loans 214 7.4 Constitutional imperative 216 7.5 Parliamentary debate 217 7.6 Advocates of the NCA Bill 222 7.6.1 Invoking national security and legal limitations of the NMC 222 7.6.2 Invoking firm