The Independent Broadcasters Association of Ghana (GIBA) has taken legal action against the MoCD (Ministry of Communication and Digitalisation) and a company called KNet Ghana Limited (KNet Ghana Limited) over the DTT (Direct to Television) Transmissions Platform. They're suing on behalf of their members.
According to GIBA, without any legal justification or parliamentary sanction, the Ministry ordered KNet to cut off broadcasters from the National DTT Transmissions platform for non-payment of fees.
It further stated that other broadcasters that refused to use "LINK SERVICES" risked losing access to the National DTT platform.
Cecil Sunkwa-Mills, president of the GIBA, said in a statement that the MoCD's directive to KNet Ghana Ltd to unilaterally provide what they refer to as "Contribution link services" and charge fees they refer to as "Contribution Links Fees" to itself, with the added authority of disconnecting broadcasters from the National DTT Transmissions platform on account of non-payment of the fees, is without any legal basis or parliamentary approval.
Thus, GIBA is asking the court to enjoin the Ministry from assessing TV Channel fees.
Also, GIBA is asking the court to overturn the Ministry of Communications and Digitalization's decision to allow broadcasters to be disconnected from the DTT Transmissions platform for non-payment.
GIBA is asking for a number of reliefs, including "A declaration that the Ministry of Communications and Digitalization's decision establishing fees for Contribution Link services is void for lack of parliamentary approval of the abovementioned fees." a declaration that the Ministry of Communications and Digitalization's decision establishing TV Channel fees is invalid due to the lack of parliamentary authorisation for the payments in question.
"A declaration that the power given to the two Defendants by the Ministry of Communications and Digitalization to collect contribution link service fees and to disconnect broadcasters who do not pay same is void and of no force or effect. "An order setting aside the Ministry of Communications and Digitalization's decision authorizing the disconnecting of broadcasters from the DTT Transmissions platform due to non-payment of the fee charged for Contribution Link services and TV Channel fees. e. Any other order as the Honourable Court may deem appropriate."
#GIBA #GHANA
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