The
obligation on publicly-owned or government-controlled media to publish or
broadcast the views of the opposition derives from the prohibition of
discrimination in the enjoyment of rights. This is strongly stated in the
International Covenant on Civil and Political Rights, as well as in other human
rights treaties. It means that if the ruling party has an opportunity to
exercise its right to freedom of expression through the government media, then
the opposition must be given the same opportunity.
The
European Commission of Human Rights rejected an application by an association
that had been refused air-time during an election by the British Broadcasting
Corporation (BBC). The Commission stated that although there was not, in its
view, a general right of access to the broadcast media, political parties
should be given such access on an equitable basis:
It is evident that the freedom to "impart
information and ideas" included in the right to freedom of expression
under Article 10 of the Convention, cannot be taken to include a general and
unfettered right for any private citizen or organization to have access to
broadcasting time on radio or television in order to forward its opinion. On
the other hand, the Commission considers that the denial of broadcasting time
to one or more specific groups or persons may, in particular circumstances,
raise an issue under Article 10 alone or in conjunction with Article 14 of the
Convention [prohibiting discrimination]. Such an issue would, in principle,
arise for instance if one political party was excluded from broadcasting
facilities at election time while other parties were given broadcasting time.[i]
This
is a common sense view that is reflected in remarks by the United Nations
Special Rapporteur on Freedom of Expression, as well as in policy or practice
in many countries. It guarantees the continued editorial independence of the
media, at the same time as providing a minimum standard of access by political
parties.
Meanwhile, the authors of Ghana’s 1992
Constitution regarded this matter as important enough to enshrine it in its
highest law. The Constitution states:
(11) The state shall provide fair
opportunity to all political parties to present their programmes to the public
by ensuring equal access to the state-owned media.
(12) All presidential candidates shall be
given the same amount of time and space on the state-owned media to present
their programmes to the people.
[i] X and the
Association of Z v. the United Kingdom, European Commission on Human Rights,
Admissibility Decision of 12 July 1971, App. No. 4515/70, 38 Collected
Decisions 86 (1971).
