GIBA wins court case, blocks NCA’s Conditional Access System for free-to-air-TVs
The Court, presided over by Justice Eric Baah, in its August 16 judgment, upheld GIBA’s position that the policy will affect the services of its FTA broadcasting members.
The Ghana Independent Broadcasters Association (GIBA) has won a case at the High Court against the NCA’s policy of a Conditional Access System which sought to block and control contents on free-to-air digital televisions.
The Court, presided over by Justice Eric Baah, in its August 16 judgment, upheld GIBA’s position that the policy will affect the services of its FTA broadcasting members.
Additionally, it held that the CAS which the NCA has made a requirement for the importation of TV sets and decoders by way of enabling it to collect electronic tax amounts to a jurisdictional error by an excess of jurisdiction.
A Statement signed by Cecil Sunkwa-Mills, GIBA’s president however notes that “GIBA and the entire media fraternity look forward to future inclusive engagements with the National Communications Authority, National Media Commission, Ministry of Communications and Digitalisation, Ghana Standards Authority and other stakeholders, in order to facilitate the successful completion of the Digital Migration Programme and improved DTT services in Ghana.”
Background
In line with the Government’s policy of migrating from analogue to digital television transmission, there was a review of the standards of television thus a technical Committee was set up by the Ghana Standards Authority per the Standard Authority Act, NRCD 173.
After this, the GSA conducted a review in 2019. The revised standards(GS 1099:2019) on Digital Terrestrial Television(DTT) and Direct-To-Home(DTH) receivers by the Ghana Standards Authority(GSA) made Conditional Access System(CAS) non-mandatory for Free-To-Air TV Receivers.
However, the NCA on December 30, 2019, published a policy document on their website indicating the Ghana Minimum Technical Specifications for DTT and DTH for Free- to-Air TV Reception which GIBA felt was at Odds with the GSA standards agreed upon by all stakeholders.
The NCA's publication meant that all existing free-to-air broadcast signals, which are currently accessed by viewers throughout the country would be controlled with a Conditional Access System before anyone could continue watching any broadcast of the free-to-air television programme in Ghana.
Additionally, users were required to pay a fee to access information from the TV programmes like in the case of a subscription-based television (Pay TV) service.
GIBA, which had consistently objected to the NCA’s categorization, insisted that the authorisation category and business model of its Free-To-Air TV members require them to broadcast their contents to the general public in the clear (for free) without content encryption, as recognized by the International Communications Union (ITU) and as authorised by the NCA.
It, therefore, filed an action of Judicial Review at the High Court to quash the NCAs decision to establish the minimum requirement.
The court, in addition to the order, called for a continuous need for an open and honest engagement with all stakeholders to foster partnership in the formulation of policies.
