How TV switch-off violates the Constitution
What you need to know:
- By using force to switch off NTV, KTN and Citizen TV, the government action effectively denied the public access to information as demanded by Article 33 and 34 of the Constitution.
- Article 33 categorically states that “every person has the right to freedom of expression, which includes freedom to seek, receive or impart information or ideas” while Article 34 states expressly that “the freedom and independence of electronic, print and all other types of media is guaranteed.”
- Digital migration experts such as Mr Guy Berger of the Panos Institute of West Africa have recommended that African countries should wait longer before switching to digital broadcasting.
The switching off of three independent private broadcasting houses for two weeks has now developed into a constitutional and human rights dispute.
By using force to switch off NTV, KTN and Citizen TV, the government action effectively denied the public access to information as demanded by Article 33 and 34 of the Constitution.
Article 33 categorically states that “every person has the right to freedom of expression, which includes freedom to seek, receive or impart information or ideas” while Article 34 states expressly that “the freedom and independence of electronic, print and all other types of media is guaranteed.”
Read even at face value, the action by the government is, therefore, in breach of the Constitution, even as it seeks to force the three to embrace digital migration ahead of the global June deadline.
CONSULT WIDELY
Digital migration experts such as Mr Guy Berger of the Panos Institute of West Africa have recommended that African countries should wait longer before switching to digital broadcasting.
This, according to Mr Berger, would be beneficial because the gadgets used for digital broadcasting will take time before they are standardised.
This, in turn, will make them cheaper, hence affordable to more TV owners and viewers.
He has also recommended that African governments consult widely before making the switch to digital broadcasting.
According to him, there is no stiff competition for frequencies in Africa, which means that there is no need to rush the process.
“The significance of all this (switch from analogue to digital) for broadcasting is that, presto, many more radio and TV channels can be squeezed into the exact same frequency space than is possible under analogue transmission,” he argues in his booklet, Challenges And Perspectives Of Digital Migration For African Media.
Since there are few channels competing for frequencies in many African countries, he said, there was no need for them to rush, considering that there is no punishment for missing the deadline.
According to the International Telecommunication Union, countries in Latin America and Asia will migrate by 2020.
