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The 'dagger' being wielded by the police against journalists is the law of 'putting out false information with the aim to cause public fear and panic' under section 208 of the criminal code 1960.

The first to be put under the 'yoke'of that law is the acting news editor of Joy FM, Ato Kwamena Dadzie, who is facing criminal charges for refusing to disclose sources behind a news item carried by the station, which claimed that some executives of the Ghana Real Estates Developers Association (GREDA) had been threatened with death, following their opposition to the STX Housing deal.

The Criminal Investigations Department (CID), however, on Monday July 19, 2010, slapped at the charge of putting out false information with the aim to cause public fear and panic.

Just yesterday, the editor of the Ghanaian Times newspaper, Mr. Enimil Ashon has also fallen prey to the same law, and the police are confident of 'drawing blood'this time around.

The Criminal Investigations Department of the Ghana Police Service has invited Mr. Ashon for questioning over the Wednesday, July 21 edition of the paper, with the banner headline – 'ROBBERS OCCUPY 5 POLICE BUILDINGS', and as in the case of Joy FM, the paper is in the process of being charged for 'putting out false information with the aim to cause public fear and panic'

According to the said report 'Armed robbers have taken over five uncompleted storey buildings at Aboso, a suburb of Swedru, meant to serve as office and residential accommodation for the police.'

Speaking on Joy FM's evening news yesterday, Mr Ashong, who sounded surprised at the invitation by the police, said the latter had the right to a rejoinder if they felt the story had factual inaccuracies, instead of being hauled before the CID. 'I am surprised that such a thing is happening,' he said.

These developments have, however, raised serious concerns from different sections of the society and media circles, who see the law as laden with 'venom' and could be manipulated to the detriment of the development of press freedom and democracy at large.

In a related development, The national executives of the Ghana Journalists Association (GJA) have held a marathon discussion with the Minister of Information on the fallout from the police charging of Joy FM on 'publication of false news with intent to cause fear and alarm to the public', under section 208 of the Criminal Code 1960.

After over 4 hours of fruitful deliberations, the GJA restated its position that criminalization of speech in any form will undermine the credentials of Ghana as a beacon of freedom of expression and democracy.

The Association asked the Minister to impress upon the Attorney-General and Minister for Justice to take a second look at the decision to charge Joy FM under the Criminal Code of 1960.

However, the GJA agreed that there are questions about media accountability that must be tackled, and recommended to the Ministry to continue to make use of the National Media Commission (NMC) in dealing with such matters.

Government
position on Joy FM case
The Ministry of Information has meanwhile described as unfortunate statements attributed to the Ghana Centre for Democracy and Development (CDD), National Media Commission (NMC), Media Foundation for West Africa (MFWA) and others, in the matter of the caution statement taken from Joy FM over the publication of alleged death threats.

A statement signed by Honourable John Tia Akologu said the Ministry has also noted the deliberate attempt by Joy FM to continue the peddling of falsehood in this matter, by claiming in its news broadcasts that its news editor has been charged for refusing to disclose his source of information for the death threats that Joy FM claimed were received by some executives of the Ghana Real Estates Developers Association (GREDA).

'The police, according to reports monitored by the Ministry has explained extensively that its discussions with Joy FM have related only to knowing the persons who are being threatened with death, in order to give them protection, and nothing else.

This case is not about the disclosure or protection of a source. It is about Joy FM claiming that some members of GREDA have received death threats. '

The statement noted that it will be important for persons commenting and accusing government of attempts to truncate press freedom in the country to educate themselves on and about the issues at stake, understand the position of the police and the legal limits to press freedom.

According to Honourable Tia, while government is not interested in criminalizing speech and/or sending any journalist to court, government also believes that journalists and the media as a whole have a responsibility to be objective, truthful and professional, 'instead of hiding behind press freedom to deliberately peddle falsehood and in other cases hate mongering.'

The Minister expressed regret that JoyFM which broadcasted the false news item refused to give government's rejoinder to the alleged death threat and GREDA contract cancellation story equal airtime and prominence as the original story.

'This was despite the fact that other media houses had published the government statement and officials of GREDA had denied Joy FM claims', it added.

'The Mills administration believes in the strengthening of our institutions including the media and will be the last to truncate the freedom of the press, but the rights that are enjoyed by the media must be balanced with responsibility', the statement continued.

The Ministry reminded journalists of Articles 164 and 165 of the Constitution which talks about the limitations to press freedom, explaining that the two provisions must be looked at in terms of how the media can and must contribute to national development.

The statement confirmed a meeting with the GJA on Wednesday at which the Association following an official letter sent to it by Joy FM, and engaged the Ministry on the latest developments on the false Joy FM death threat story.

'We discussed broadly with the GJA about matters of mutual concern, including media accountability and unethical practices in the journalism profession.'

Mr. Tia Akologu, who explained that the Ministry does not consider criminal prosecution an answer to the many cases of unethical practices, recounted many instances of Joy FM's unprofessional broadcasts.

He also observed that the work of the police must be delinked from central government and for that matter the Ministry of Information, because the decision to caution the Joy FM editor and refer the matter to the Attorney General was and remains the decision of the Police.

The statement, however, said the Minister welcomed the request from the GJA for the Ministry to assist to discontinue the case against Joy FM.