GIBA Files Mandatory Injunction against MoCD and KNet Ghana over Alleged Illegal Fee Demands

The Ghana Independent Broadcasters Association (GIBA) has taken legal action against the Ministry of Communications and Digitalisation (MoCD) and KNet Ghana Limited, filing a mandatory injunction at the High Court. The move aims to halt what GIBA describes as “unlawful fee demands” for TV channel services and “Contribution Link Services.”

The case stems from concerns that the fees, allegedly imposed without Parliamentary approval or proper regulatory consultation, contravene statutory requirements and endanger the operations of broadcasters on the National Digital Terrestrial Television (DTT) platform.

The Case Against MoCD and KNet

In August 2023, GIBA initiated a lawsuit challenging several practices by the MoCD and KNet Ghana Ltd. Key allegations include:

1. Unilateral Service Mandates: The MoCD reportedly assigned KNet Ghana Ltd exclusive rights to provide “Contribution Link Services,” permitting the company to charge arbitrary fees labeled as “Contribution Link Fees” and disconnect broadcasters unable or unwilling to pay.
2. Arbitrary Fee Collection: The ministry is accused of establishing and collecting DTT channel hosting fees through the Central Digital Transmission Company Ltd without the required Parliamentary approval.

GIBA argues that these actions not only lack legal backing but also infringe upon the constitutional freedom of the media, posing a significant threat to the country’s broadcasting landscape.

Impact on Media and Public Trust

The association contends that KNet’s control over state broadcasting infrastructure has been used to block media outlets from the DTT platform, harming both broadcasters and the public. GIBA’s President emphasized that “the media’s role as watchdogs of society obligates us to address issues that harm stakeholders and the public,” adding that the case is fundamentally about ensuring accountability and adherence to the rule of law.

GIBA also raised concerns about the lack of transparency and consultation surrounding the fees, which it claims undermine public trust and violate principles of fairness and affordability.

Key Objectives of the Injunction

The mandatory injunction seeks to achieve the following:

1. Cease Unlawful Fee Collection: Prevent the collection of fees where no contractual agreements exist.
2. Reinstate Disconnected Broadcasters: Restore all broadcasters removed from the DTT platform for non-payment of disputed fees.
3. Prevent Future Disconnections: Prohibit KNet Ghana Ltd from further blocking broadcasters on the platform pending a final court decision.

Call for Regulatory Compliance

GIBA has stressed the importance of protecting the National DTT platform, a critical national asset, from practices that could lead to indirect government control or the imposition of exorbitant fees. The association’s legal action seeks to ensure compliance with established regulations, safeguard the media industry, and uphold public interest.

Broader Implications

The case underscores the need for accountability across public and private institutions. GIBA hopes the legal action will not only secure justice for broadcasters but also reinforce the principles of transparency and equity in Ghana’s media sector.

The High Court’s decision on this matter is awaited with keen interest, as it has significant implications for the future of free-to-air broadcasting and media freedom in Ghana.

Source: ghananewsonline.com.gh