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.