Democracy Watch Vol. 3, No. 4 December 2002 1 A Quarterly Newsletter of the Ghana Center for Democratic Development 11 Democracy Watch Volume 3, No. 4 December 2002 IN THE ANNALS OF GOVERNANCE ISSN: 0855-417X former Vice President as a poodle. It is a perception that had dogged his In this issue ...of Poodles and presidential bid since the run-up to the Free Speech 2000 elections, when, at the party congress at which he was nominated as E ....of Poodles and Free Speech presidential candidate of the NDC, he ....... Page 1 ast December the depth of popular declared that, if elected president, he L would consult his predecessor; and elite commitment to free President Jerry Rawlings, “morning, expression was put to the test when noon and night.” Mills’ opponents seized NMC and Regulating the Media E the Statesman (Tuesday, December on this public declaration to paint him ....... Page 2 3, 2002), in a cartoon accompanying as a person who was not, and could not a story with the headline “Why Mills be, his own man--a characterization and is a Poodle,” showed the face of E The Women’s Ministry to Launch a perception that continued throughout “Akatesia Designs former Vice-President John Evans his contest against now-President ....... Page 11 Atta Mills sitting on the body of a Kufuor and resurfaced in his race against poodle. The story, which sought to Botchwey for the NDC presidential slot portray Mills as a puppet of the last December. E What Number of Ministers is Too Rawlings faction of the NDC, was in Large? ...... Page 13 reaction to a public statement by Mills ...the appreciation of in which he called for the resignation cartoon and caricature as of certain members of the Kufuor an integral part of Administration for their supposed role political discourse and in the $1bn “IFC” loan fiasco. The commentary is still in its pro-Government Statesman suggested nascent stages in Ghana that, in calling for the resignation of the government officials allegedly Sections of the public and media, as well associated with the “IFC” affair, Mills, as Mills’ campaign handlers, the who was then contesting the NDC National Media Commission, and the presidential primaries against Dr. Ethics Committee of the Ghana Kwesi Botchwey, was merely acting Journalists Association, condemned the EDITORIAL TEAM at the urging and prompting of his Statesman’s depiction of Mills as a n Baffour Agyeman-Duah NDC handlers, who wanted him to poodle. The use of the animal metaphor, n Audrey Gadzekpo show some toughness in his speech with its accompanying verbal exegesis, n E. Gyimah-Boadi and style. was described variously as “odious,” n H. Kwasi Prempeh “derogatory,” “discourteous,” “in bad n Edem Selormey The characterization of Mills as a taste,” “against Ghanaian cultural n Kwesi Yankah puppet of a certain wing of his party is norms,” and highly offensive to Mills’ Democracy Watch is published with funding from a perception that predates the the Danish International Development Agency, lofty pedigree as a one-time vice DANIDA Statesman publication depicting the president of the country. In a barrage of Continued on next column E Continued on page 2 E 2 Democracy Watch Vol. 3, No. 4 December 2002 rejoinders, outraged protestors demanded that the lion, and porcupine are widely used. And often the political Statesman immediately withdraw the “offensive” depiction spider has been drawn on as a metaphor for the perceived of Mills as a poodle and publish an apology to the “august cunning of the typical African politician-trickster, blamed professor.” The Statesman, however, stood its ground, for the continent’s political woes. Nana Ampadu, the local defending the cartoon as an expression of free speech that philosopher and musician, deftly wove such political fables was neither defamatory nor culturally improper. for over thirty years, and was spared any form of censorship even under military dictatorships. The incident was an ironic twist to the greater freedoms the press was savoring under the Kufuor administration It was salutary then that Prof. Mills himself did not initially (typified by the abolition of the criminal libel law) and the take the poodle story too personally, but considered it as vehemence with which the media and public had fended an “occupational hazard” in the arena of partisan politics. off attempts to undermine the rights to free expression in “As a politician, you must accommodate and tolerate the the recent past. Yet the uproar was understandable, for hazards,” he reasoned. “It is tolerance that makes whereas public sensibilities have grown used to acerbic democracy work.” Ghanaian politicians and public figures slurs, diatribe and vituperative by politicians, media are frequently the beneficiaries of all manner of effusive practitioners, and others, the appreciation of cartoon and praise singing, hero-worshipping, and grandiose caricature as an integral part of political discourse and appellations. As long as the characterization is flattering, commentary is still in its nascent stages in Ghana. In albeit downright inaccurate or even blasphemous, it is addition, Ghanaian mass media discourse is still heavily unlikely to attract private or public protestation and uproar. constrained by socio-cultural norms that allocate respect Yet, exaggeratedly positive depictions of persons in public and deference on the basis of age, position, and title, whether life could easily affect the choices people make about their ascribed or achieved. In this scheme of things, the former fitness and suitability for high public office. If, then, vice-president and one-time professor of law at the nation’s politicians and their supporters savor and appropriate to premier university, was an unacceptable target for such political advantage, such idolized, albeit inaccurate, public “show of disrespect.” Unlike elsewhere, where depictions and representations, they should not complain public figures would be entitled to less protection from the too loudly when their political opponents or critics substitute irreverent political press, entrenched cultural hierarchies in ridicule and caricature for lionization and sycophancy. Ghana would accord such persons of authority and means more, not less, protection and immunity from journalistic Public figures must learn to take the “bitter” along with the “disrespect.” The public uproar over the poodle metaphor “sweet.” Like the proverbial chief who chooses to play was thus, in a certain sense, an attempt to protect the the game of drafts with the commoners and thereby opens Ghanaian status quo from being “tainted” by the forces of himself and his elevated station to public ridicule and globalization. humiliation, Ghanaian politicians must learn to take some occasional taunting and unflattering humor as a harmless Like the proverbial chief who chooses to occupational hazard in the world of competitive politics. play the game of dami with the commoners The laws of defamation leave room for opinionated and thereby opens himself and his journalistic irreverence, even if it is calculated to deflate elevated station to public ridicule and and ridicule the high and mighty in politics.¶ humiliation, Ghanaian politicians must learn to take some occasional taunting and unflattering humour as a harmless occupational hazard in the world of NMC and Regulating the competitive politics. Media From a different perspective however, the very cultural norms to which protesters of the poodle metaphor have Controversy arose in late October over the National appealed, leave ample room for the artistic juxtaposition Media Commission’s proposed regulations on broadcasting of man and beast as exemplified by the myth-based standards, newspaper registration, and rejoinders. The representation, in Ghanaian customary or traditional proposed legislative instruments came under fire, not only contexts, of family lineages by totemic animals. Ghanaian because they attempted to define the content of media culture does not frown on using animal images to illustrate broadcasts, but also because they raised questions of negative or positive human attributes, as can be seen from whether the NMC had the authority to make the regulations African tales and proverbs. Such animals as the chameleon, in the first place. The issue has also served to shine a light Continued on next column E Continued on page 3E Democracy Watch Vol. 3, No. 4 December 2002 3 on the process by which subsidiary legislation is made in attempt by the NMC to expand its powers. Of major this country. concern was the fact that the Commission appeared to be attempting to carve out a licensing function for itself by The National Media Commission Act, 1993, in which requiring annual “registration” of publications in the Parliament gave the Commission power to make newspaper registration regulation and imposing stiff punitive regulations about its complaints procedure and “any other sanctions for non-compliance. The attachment of a quasi- matter that may be necessary for the efficient discharge of criminal penalty component to the scheme for the its functions,” obviously gives the NMC the authority to “registration” of newspapers would make such registration make some regulations. The problem with the three more like a licensing scheme. legislative instruments, however, is that they sought to do more than is necessary for the discharge of the According to the Constitution, the Commission’s functions Commission’s functions. are primarily to promote and ensure the freedom and independence of the media, to ensure the establishment The Newspaper Registration regulation required that all and maintenance of the highest journalistic standards in the publications register with the Commission after paying a mass media, including the investigation, mediation and 100,000 cedi fee; that newspapers file quarterly updates, settlement of complaints made against or by the press or and that they apply to renew their registration annually. other mass media, and to insulate the state-owned media The penalty for non-compliance with the regulation was from Governmental control.