ASSESS THE CURRENT MEDIA LANDSCAPE IN GHANA IN TERMS OF NEWS, BRINGING OUT ANY LEGAL AND ETHICAL OBSERVATIONS, AND SUPPORT YOUR ASSESSMENT WITH COPIOUS EXAMPLES

 

The media holds in its hands a vital role in the development of our nation Ghana through educating and enlightening the people and keeping the people updated on all issues of national interest. The media refers to all the channels of communication that are used to persuade, educate, entertain and inform the various audiences. It varies across the print (newspaper), broadcast (Television and Radio) and digital (social media) means of reaching out to people to influence their thinking and behaviors. 

It is emerging as a noble profession on the global scene. It has been largely accepted that the mass media is the fourth estate after the Executive, Legislature and Judiciary in every democratic state.

Good Evening Ghana (a probing current affairs show) on Metro TV, the Standpoint (a feminine empowerment show) on Ghana Television (GTV), News File, PM Express (both on Joy News), and the Keypoints (TV3) are examples of programming that help in educating and influencing Ghanaians in a positive manner, objective analysis and uncovering the important documents to support or refute claims made by officials. The content of these shows somehow encourages and enlighten the public about issues like Ghana and Cote d’Ivoire maritime boundary negotiation, the problems with some socially constructed roles for particular people in Ghana, like the idea of a new mother being the only person in a marriage, in most cases, to cooperate with other duties to take care of the newly born child. Perhaps, this in one way or the other, subsidizes to the knowledge about politics and gender development and balance of the citizens.

According to (Haruna, 2009), journalism entails a significant obligation and responsibility for ensuring professionalism and this requires journalists to have a high level of ethical standards and to practice sound professional journalism with intelligence, accuracy, objectivity and fairness all aimed at developing people and society at large.

The flexible regulation ecosystem around the establishment of media institutions in the country and the unprofessional acts and utterances some make, leave much to be desired, thus giving reasons for concern. Supposedly, the media is to play its role as the watchdogs of society, but who will be watching the watchdog in its role as information gatekeepers in the African society? The Ghana Journalists Association is tasked to be the body in the enforcement of the code of ethics on a daily basis with regard to issues concerning the practice of the media profession.

There are some media firms who mete out punishment to media practitioners in their organization for unethical journalistic practices. An example is Kojo Yankson, the morning-show host at Joy FM, who was suspended for about three months by Joy FM management for allegedly describing President Mahama as an armed robber on his tour on a motorcycle after the July flood in Accra.

For many years of exercising the constitutional mandate enshrined in Chapter 12 of the 1992 Constitution, the media in Ghana for the past decade are undergoing a serious credibility crisis ranging from publishing of unbalanced stories, hate broadcasting, etc. Journalism has recently declined in public esteem and gradually, public confidence. The Ghana Integrity Initiative (GII) - a local chapter of Transparency International - in November 2011 ranked the media as one of the most corrupt institutions in the country. The public more and more queries the credibility of newspapers, digital platforms, and broadcast news outlets. It is evident that there is obvious public dissatisfaction with the performance of the media in the increasingly diverse society of Ghana. A rising public perception is that media practitioners are often arrogant, irresponsible, unfair, biased and above all unethical to the established statutes while others go so far as to say that journalists have no standards, because there are no borders defining the profession aside anyone being able to publish news.

The media in Ghana and, for that matter, media practitioners are now having to wrestle with complaints and accusations of intrusion and invasions into private individuals shrouded with constitutional rights, defamation suits, and unprofessional conduct among other things. Through the publication of news, editorials, documentaries, features, etc to communicate daily happenings country wide to the society.

Journalism and media practice is guided by a set of principles, standards, and values, across the various platforms. The objective has been to promote adherence to professional competence and responsible use of information. While there may exist hundreds of media/journalistic codes of conduct used internationally, key media ethical norms have always included decency, objectivity, accuracy, fairness, balance, respect for privacy, and protection of minors. A number of general ethical principles which have been coined to guide human behavior and at large a blueprint for media practitioners to serve society as mandated in the Constitution of Ghana and the Code of Ethics of the Ghana Journalists Association. These principles include; Golden Mean, Veil of Ignorance, Categorical Imperative, Self Determination and Utility. Discussed in this essay are some raised ethical and legal observations in the activities of the journalists in Ghana.

First, the principle of the golden mean. Readers and viewers are seen as the recipients of media contents ranging from news, documentaries, pictures, features and others. These individuals in the society presume journalists are reliable sources for news and information. News is one of the major components of mass communication and one of the sources of information by which people get to know about what is going on around them. Assumed this general assumption, it is important that journalists defend a certain standard of ethics to ensure they are a trustworthy source for the society they serve. Misinforming, disinforming and withholding certain facts from the public could result in serious repercussions, as well as the journalist losing credibility to the job. Nevertheless, sharing too much information could result in people’s privacy being violated or the story becoming confusing, unclear, and perhaps even false. This impasse is the reason why it can be hard for journalists to decide what to include in their story and what to exclude from their stories. The Golden Mean is an important theory by Aristotle, which talks about the balance between excess and deficiency and how journalist could find a middle ground between the two to act morally and ethically towards the society. The Golden Mean basically meaning balance could be applied professional dilemma because journalists need to balance excess and deficiency so they meet moral standards of the society they are borne out and mandated to serve. The principle can also apply to discovery a happy medium between getting your story out there while exploring all avenues to make sure everything factual. To do all of this, journalists use credible sources, analyze the purpose of information, and anticipate the future audience. To ensure a balance discourse, many morning shows on many media outlets invite panelists of opposing views. This act by Producers and Journalists gives the panelists and at large the individuals who subscribes to a viewpoint, to have a hearing. It supports the idea of Aristotle to be moderate in the dissemination of media contents to the society.

Secondly, the principle of categorical imperative. Its proposer Immanuel Kant states, “We are to ‘act only in accordance with that maxim through which you can at the same time will that it become a universal law”. The categorical imperative in not about doing what is easy or what people like; rather, the categorical imperative is about doing what is right. It is also means personal restraint for the good of people in the society. The principle is also not intended as a deterrence to make others do what we want, but as a way of judging the societal value and equity of one’s own actions. Kant’s way of thinking about morality basically says, “We should not do anything unless we can honestly say everyone else should also be able to do the same thing.” In other words, live your life in such a way that all you do, say, and think becomes tomorrow’s front-page news. If a media practitioner, be it a reporter, editor, producer or digital publisher embraced the Categorical Imperative, it just might limit any tendency toward their deceitfulness. After all, having a voice that influences culture because there is an audience listening is more important than precisely what they use their voice (or image or reputation) to say. Media outlets and journalists should, because it is the right thing to do and good for our nation, start to hold themselves accountable for their work if for no other reason than because others would not do to them what they do to others. This principle can resurrect dead media and is a solution any journalist can embrace, regardless of medium, worldview, politics, race or religion. An example pertaining to Kant’s categorical imperative is: You are a journalist who just received your first front-page news article. To achieve this, you had to make changes to the words of an eye witness to mean something out of the original context, ultimately hurting that eye witness. By the Immanuel Kant’s moral codes and principle, you are violating the idea of a categorical imperative by treating the eye witness as a vehicle to get your cover story which ultimately tells that, the end is what you wish for.  To be morally and ethically correct, Journalists have to follow Kant’s categorical imperative and would have to sacrifice the front-page article and treat the eye witness as an end in his- or herself.

The third is, the principle of veil of ignorance. Philosopher John Rawls in his book “ Theory of Justice” explore ideas about justice, morality, equality, and social status in a structured manner and allows to test ideas for fairness. Behind the Veil of Ignorance, no one knows who their identity is. They lack clues as to their societal class, their privileges, their disadvantages, or even their personality. They exist as an impartial group, tasked with designing a new society structure with its own conception of justice. According to John Rawls, the principle is powerful because our usual opinions regarding what is just and unjust are informed by our own experiences and interactions with others. We are shaped by our race, gender, class, education, appearance, sexuality, career, family, and so on. But, on the other side of the Veil of Ignorance, none of that exists in societies. Precisely, the resulting society should be a fair one. To media practitioners serving society with information, the philosopher postulates that, journalists should imagine yourself in an original position behind a veil of ignorance. Behind this veil, you know nothing of yourself and your natural abilities, or your position in society. You know nothing of your sex, race, nationality, or individual tastes. Behind such a veil of ignorance all individuals are simply specified as rational, free, and morally equal beings. For instance, if a journalist happens to indulge in a problematic situation where s/he has to decide upon something, the first thing s/he should consider is his/her identity only as a journalist. Firstly s/he is a journalist, and then come to his caste, race, nationality, religion and so on. At the moment s/he should ignore his/her religion, caste, race, and other identities that follow after his/her profession to decide, according to this rule. So, what we need to remember in the field is that as a journalist, firstly I am a journalist and my ethic is to follow my profession without bias, and nepotism and should be fair to the majority. The principle isn’t free of flaws as well. Though it imagines a just social world where rules become rules when every individual agrees to them and no one knows his history and social status, thus commencing a fair and just society, it also commences confusion among the people. For a fair society, there must be equilibrium between masculine and feminine powers, the presence of both negative as well as positive powers ensures balance in nature. It means if people are totally ignorant of their status and positions as well as other requisites of society, it is not possible to make the right decisions under the scarcity of knowledge or let’s say complete knowledge. The philosopher also said that however, the people are aware of certain knowledge like human behavior, psychology, market, economy, society, morality et cetera, it is obvious that it’s not possible for them to play completely fair. Probable is that their knowledge may lead to making certain kinds of biased decisions or with special interests.

Next, is Jonathan Bentham and J.S Mills' principle of Utility. This principle states that actions or behaviors in our societies are right in so far as they promote happiness or pleasure, and wrong as they tend to produce unhappiness or pain. The major points raised here are often how much good action should be promoted depending on its influence on society as a whole to ascertain which information being fed to society should be restrained. This means journalists must balance the public’s need for information against potential harm or discomfort. The pursuit of the news is not a license for egotism or unwarranted intrusiveness. Media practitioners are to show compassion for those who may be affected by news coverage, and use heightened sensitivity when dealing with juveniles, victims of sex crimes, and sources or subjects who are inexpert or unable to give consensus. Consider cultural differences in approach and treatment. These are elements planted in society and could be a hindrance to harmony in it, so journalists are tasked to be keen on the media content published to society.

In conclusion, now more than ever, with the presence of online news sources and diverse social media platforms plurality, news delivery is expected to be immediate, and journalists and news outlets face pressure to release stories rapidly to keep up with competing media sources. With this added pressure, standards of accuracy and fairness become more difficult to uphold but philosophers still hold the paramount view that, society is the recipient of all actions from the media and should be served with harmonious contents to prevent mayhem.

Nevertheless, reflecting on the current happenings in our society in terms of news dissemination by many news outlets in the country raises some ethical issues. The question that pans out in the minds of many is “If the media is the fourth estate in a democratic dispensation, tasked to check the other forms of government for the greater good of society, who then is mandated to guide the media practitioners in their work to prevent them from going wayward?” The Ghana Journalist Association, founded in 1949, the Ghana Journalists Association (GJA) has become the umbrella organization representing Ghanaian Journalists. It is registered as a professional association and listed as one of several bodies on the board of the National Media Commission. In its activities, GJA tends to achieve higher professional standards, promote and defend press freedom, and create solidarity among Ghanaian journalists and with other journalists both in Ghana and abroad. To realize these objectives GJA organizes educational programs, workshops, seminars, and lectures on issues relevant to media development and growth. The outlet’s Code of Ethics spells out the practices and acts journalists in Ghana should undertake and what not to in safeguarding the interest of the society they serve.


“RESPECTS THE INDIVIDUAL’S RIGHTS TO PRIVACY AND HUMAN DIGNITY.”

The media play a vital role in the development of our nation Ghana through educating and enlightening the people and keeping the people updated on all issues of national interest. Journalism is composed of significant obligations and responsibility for ensuring professionalism alongside honoring the societal demand of facts, this requires the journalist to have a high level of ethical standards and a practitioner abreast with intelligence, accuracy, and objectivity all aimed at developing people and society at large.

It is through the mass media that most people today obtain their information on political matters. In this regard, it is evident that one of the contemporary functions of the media is investigative journalism. This activity, as much as the traditional activities of reporting and commenting, is part of the vital role of the press and the media generally.

Within the framework of a discharging the mandates by these practitioners, is a contemporary challenge of fulfilling the information demand and the stipulated regulations of not intruding to others private life. Investigative journalism undertaken on behalf of the public is an essential component in the performance of the watch dog duty of the press by bringing to light abuses by public officials, private companies and individuals. However, a section of the populace also argues that investigative journalism also involves invasion of privacy since its aim is to disclose matters that people would otherwise not know.

The Ghana Journalists Association, a parent body representing overseeing many Ghanaian Journalists is concerned to achieve higher professional standards in the industry. Its code of ethics stipulates that media practitioners should “Respects the individual’s rights to privacy and human dignity.”

In Ghana currently, the debate about the role of investigative journalism in its media space seem to emerge anytime an investigative piece is pitched to be broadcast. This debate is against the backdrop that journalists like Anas Aremeyaw Anas, Manasseh Azure Awuni and the likes planting secret cameras to capture some individuals in the act of corrupt practices and others. The Ghanaian debate has brought to the fore a number of issues such as the legality of set-ups, the ethics and morality behind investigative journalism and of course questions around privacy, the planting of hidden cameras into private spaces and the interest of the public in knowing what happens behind the curtains. Evidently, the tensions between privacy, unwelcome intrusions and the public’s interest are at the extreme loggerheads.

Over the past one and a half decades or two, the investigative work of Anas Aremeyaw Anas, has gained prominence beyond the shores of Ghana, and many people now appear to appreciate a sense of what this genre of journalism is all about. Not surprisingly, a section of the public has questioned the journalist’s techniques and approach to obtaining information. So also have the works of Manasseh Azure Awuni, unsettled many who have been exposed in underhand dealings. Quite often the “methods of obtaining information employed by journalists define the line and reflect the tension between the public’s right to know the truth and an individual’s claim to anonymity and privacy.

For instance, in June 2018, Anas and his Tiger Eye P.I crew released a documentary on corruption in Football in Africa with Ghana at the center that showed country’s football president, Kwesi Nyantakyi, and hundreds of local and international referees and officials taking cash bribes and gifts. The Confederation of African Football (CAF) banned and suspended most of the referees and subsequently led to the dissolution of the Ghana Football Association and the suspension of the local football league for a year.

This was not the first-time allegations of corruption had been raised about football in the country, but it was the first time that hardcore evidence had been produced to back the notorious allegations. But some of the culprits in the documentary challenged the method used to obtain the evidence in court. They argued the method was an entrapment, which infringed on their individual right to privacy. However, the High Court siting in Accra ruled in favour of Anas and Tiger Eye P.I. The court held that the recording, although without the applicants’ consent, was of utmost interest to Ghanaians, whose love for football was unmatched.

It is a fact that investigative reporting not only demands the highest standards of accuracy but also delivers more ethical dilemmas on a daily basis than almost any other form of journalism.

Investigative journalism may raise a number of eyebrows but there is absolutely nothing wrong if its objective is to bring to light corruption or any issues that border on public morality, public safety, economic well-being of the nation, for the protection of health or morals, the prevention of crime or disorder or any of the constitutional exceptions to the right to privacy.

"PROTECT THE RIGHT OF MINORS, AND IN CRIMINAL AND OTHER CASES, SECURES THE CONSENT OF PARENTS OR GUARDIANS BEFORE INTERVIEWING OR PHOTOGRAPHING THEM"

In today's unprecedented connected world, the majority of information is delivered to us by the media in many forms. Media help us to learn, understand, stay connected to the other people and to the world in general. Whether we like it or not, media have an extremely powerful role in the lives of individuals. It is therefore important that journalist under the Ghana Journalist Association code of ethics Article 15 must "protect the right of minors, and in criminal and other cases, secures the consent of parents or guardians before interviewing or photographing them".

A person’s image constitutes one of the principal attributes of his or her personality, as it reveals the person’s unique characteristics and distinguishes the person from others. It is an essential component of personal development and everyone has the right to control the use of his or her own image. In this light, the publication of a photograph in general constitutes a more substantial interference with the right to privacy than the mere communication of a person’s name. Individuals have the right to refuse publication of their image and to object to the recording, conservation and reproduction of the image by another person. Journalists should, in principle, secure the consent of the person concerned at the time the picture is taken and not simply if and when it is published.

Images taken without consent of the persons concerned or secretly without their knowledge will result in a violation of the right to privacy, unless they are considered to contribute to a debate of public interest.

An example is when on April 4th, 2021, two teenagers were arrested over the murder of a 10-year-old at Kasoa. In the video after their arrest, the faces of the boys who were been tagged as "Sakawa" boys (money rituals) was visible to the general public. Though the suspects Felix Nyarko and Nicholas Kini were if age; 18 and 19 years respectively, it was unethical and unprofessional as some media outlets and some individuals who identify themselves as 'bloggers' publish news stories with their photographs which was not blurred.

Subsequently, on June 3, 2022, a man identified as Evans Oppong was arrested for attempting to sacrifice his daughter for money. Although some media outlets such as Joy News worked in accordance with the ethical standards of the GJA without revealing the faces of the suspect and the victim, others published this news article while beaching article 15 of the GJA code of ethics.

“JOURNALIST SHOULD NOT ACCEPT BRIBE OR ANY FORM OF INDUCEMENT TO INFLUENCE THE PERFORMANCE OF HIS OR HER PROFESSIONAL DUTIES”

The role of the media is to inform, educate and entertain the public. Aside the three basic function of the media, it is the fourth estate of realm where the media act as the watchdog for accountability of the three arms of government.

It is believed that the media is a powerful tool for communication thus it plays the role of informing the public about events happening in the country and the world at large in relation to socio-economic activities, agriculture, politics and etc. This helps the public to make rational and accurate decisions.

Also, the media serves as intermediary between politicians or opinion leaders and the public. These leaders use the media as a platform to communicate or access the public on a wide range.

The GJA code of ethics is a ready guide that ensures that its members adhere to good ethical standards in carrying out their duties. This ready guide principles are applicable to all categories of Journalists and the main aim of the GJA code of ethics is to promote professionalism in the practice of Journalism in Ghana.

Under article 3 of the GJA code of ethics which talks about the professional integrity and it highlights on the principle where “journalist should not accept bribe or any form of inducement to influence the performance of his or her professional duties”.

We can attribute bribery among Journalist to the fact that most Journalists are poorly paid so this news makers or sources take advantage of the situation and give out rewards or money to individual Journalists in order to influence their reportage on a news items.

In Ghana, most Journalists after covering an event, follows up to the organizers of that event for a brown envelope commonly known as “Soli”. This Journalists then work to suit politicians and cooperate bodies that are willing to pay them to cover up the truth or restrain Journalists from publishing something bad against them.

Aside Journalists taking gifts and monies from the news makers, they also associate themselves with politicians if not for an individual Journalist then it’s a whole media house having affiliation to a political party and this influences their professional duties and reportage.

“WHENEVER THERE IS AN INACCURATE OR MISLEADING REPORT, IT SHOULD BE CORRECTED PROMPTLY AND GIVEN DUE PROMINENCE.”

The conduct and morality of persons or professions needs to be governed or guided, hence the essence of the Ghana Journalists Association code of ethics. This is a standard guide applicable to all categories of journalists across the country. Members who flout any of the code are disciplined with the framework of this code in reference to the national executive, the ethics and disciplinary council and some members of the association.

The GJA code of ethics contain seventeen standard articles which covers people’s right to true information, social responsibility, professional integrity, respect for privacy and human dignity as well as corrections which this write up seeks to discuss and relate it to the present Ghanaian media.

Article 9 of the GJA code of ethics talks about corrections. Its states that, whenever there is an inaccurate or misleading report, it should be corrected promptly and given due prominence. Journalists are entitled to truth at all times so therefore if there is any untrue report or publication as humans are bound to make errors, they need have to quickly issue statements to correct that reported or published story.

This article further states that, an apology should be published whenever appropriate. In reporting or publishing an untrue or misleading story, an individual or an entity might be offended and so therefore that individual or entity needs to be apologized to. Their dignity or privacy and emotions may be affected and thus, needs to be compensated with such form of remorse.

To fulfil the mandate of article 9, most disciplined and good journalists or media houses in Ghana issue retractions and apologies whenever they flout this code of ethics. For instance, City News on 18th February, 2019 retracted and apologized to Ghana Oil [GOIL] for their earlier publication with the headline; ‘Fire guts GOIL fuel station at Akropong’. They acknowledged that, the publication which was said to be GOIL filling station was completely untrue because it was ‘Allied Oil’ instead. They therefore acknowledged that, the story was without malice and was not intended to cause any harm and therefore unreservedly apologized to GOIL for any embarrassment the publication may have caused.

Again, Xandy Kamel when working with Angel TV, apologized to actress Salma Mumin after she made undesirable comments about her on live show. Xandy and her co-host dragged and made fun of Salma in relation to her social media post which made her to sue both Angel TV and Xandy for defamation. Xandy made a live apology to Salma and on behalf of Angel TV.

Last but not least, morning show New Day host, Johnnie Hughes of TV3 retracted a social media post about a rent officer by the name Joana Ackwerh at Pokuase-Amasaman after receiving call to verify that she is not owing the landlord and even the landlord as was mentioned was not the owner of the woman’s office. People believed the earlier post just because he is a journalist even though he did not say that at the studio. He apologized on 8th august, 2021.

To sum up, some journalists are not very precautious in their line of work and so they find themselves at the wrong side of the law. Should they exercise some level of care in double-checking and rechecking their facts and not making assumptions, the growing law court suits would be drastically reduced in Ghana. In recent months, the Ghana Police Service have arrested and detained couple of journalists after they published or broadcast reports critical of public officials. There is a certain assumption that officials don’t lie and so when you receive information from people in public office, particularly ministers of state and the like, the media are too ready to go out with such information without trying to find out from the parties involved. To this, journalists themselves have frequently dug their own grave because the chances of being sued or not is left solely to individual media houses and their journalists to determine. This is based on the fact that different sources of information inform the content of daily publications and as such, journalists should be precautious and come to terms that information gathered is not necessarily credible unless it has been subjected to verification and proved to be factual.

REFERENCES

  • Plaisance, P. L. (2014). Media ethics: Key principles for responsible practice. Thousand Oaks, CA: SAGE Publications, Inc.
  • Oksala, J. (2011). How is feminist metaphysics possible? A Foucauldian intervention. Feminist Theory

Ghana Journalists Association Code of Ethics: http://www.rjionline.org/MAS-Codes-Ghana-GJA

  • Iggers, Jeremy.Good News, Bad News: Journalism Ethics and the Public Interest (Boulder, CO: Westview Press, 1999)
  • Myrick, Howard A. “The Search for Objectivity in Journalism,” USA Today (Society for the Advancement of Education), November 2002
  • Groseclose, Tim and Jeffrey Milyo, “A Measure of Media Bias,” Quarterly Journal of Economics 120, no. 4 (2005)
  • Ackerman, Seth. “The Most Biased Name in the News,” FAIR: Fairness and Accuracy in Reporting, July/August 2001
  • Ghana Integrity Initiative report on corruption in Ghana:

http://www.tighana.org/giipages/aboutus.php,

http://elections.peacefmonline.com/politics/201112/84307.php

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