Executive Summary
This paper, ever mindful of the perils of censorship, seeks not to regulate broadcast media content but to foster a safe space where public interest is paramount.
It presents a strategic operational and legal assessment of the National Communications Authority’s (NCA) Broadcast Monitoring System (BMS) at the Koforidua Zonal Office, advocating its enhanced use for content oversight as a scalable model for Ghana’s zonal offices. Central to this proposal is the Memorandum of Understanding (MoU) signed on June 15, 2021, between the NCA and the National Media Commission (NMC), which establishes a collaborative framework for joint monitoring and regulation of broadcast content.
This MoU, forged under the guidance of the Ministry of Communications and Digitalisation and the Ministry of Information, has enabled the NCA’s Broadcasting Monitoring Centre (BMC) and the Broadcast Content Complaints Centre (BCCC), launched on November 1, 2023, with a toll-free line (0800-222-222) to address public concerns over harmful content.
With over 40 licensed radio and television stations in the Eastern Region, and a media landscape transformed by digital platforms and real-time broadcasting, proactive, evidence-based oversight is critical.
The NMC, tasked with content regulation under Article 166 of the 1992 Constitution and the National Media Commission Act, 1993 (Act 449), is hampered by the absence of regional offices and limited enforcement powers.
The NCA’s BMS, primarily designed for technical compliance, captures real-time audio and video signals, offering untapped potential for content monitoring under the MoU’s cooperative mandate.
Grounded in Section 3(d) of the National Communications Act, 2008 (Act 769), which mandates the NCA to regulate licensees in consultation with the NMC, this paper leverages the MoU to propose enhancing the BMS for structured content oversight.
It identifies deficiencies in the current legal regime, draws on international benchmarks (Ofcom, FCC, NCC, ACMA), and recommends formalising content review protocols, deepening MoU-driven collaboration, and advocating legislative reforms.
The Koforidua Zonal Office, supported by the MoU’s framework, is positioned as a pilot for a national model, ensuring responsible media governance while safeguarding democratic integrity.
- Introduction
Ghana’s media environment, among West Africa’s most vibrant, thrives in the Eastern Region, where over 40 licensed broadcast stations reflect diverse linguistic, cultural, and political voices.
The NCA’s Koforidua Zonal Office operates a sophisticated BMS for technical oversight, ensuring signal quality and licensing compliance. Yet, in an era where broadcast content can swiftly inflame tensions, perpetrate fraud, or mislead audiences, this focus on technical parameters underutilises a powerful regulatory tool.
The NMC, constitutionally mandated to promote responsible media practice, lacks a regional presence and enforcement capacity.
The MoU of June 15, 2021, between the NCA and NMC bridges this gap by enabling joint monitoring through the BMC and establishing the BCCC for public complaints.
This paper argues that the Koforidua Zonal Office, leveraging the MoU, can pioneer a scalable content oversight model, supporting the NMC’s mandate while protecting public interest and national security.
- Legal Justifications for NCA Involvement in Content Oversight
The NCA-NMC MoU provides a robust framework for collaborative regulation, aligning with constitutional and statutory mandates to address modern broadcasting challenges.
2.1 Constitutional and Statutory Framework Article 166 of the 1992 Constitution and Act 449 (1993) designate the NMC as the primary body for content regulation. However, Section 3(d) of the National Communications Act, 2008 (Act 769) mandates the NCA to:“Regulate and monitor licensees, holders of frequency authorisation, in consultation with the National Media Commission where appropriate.”
The MoU operationalises this mandate, enabling the NCA’s BMC, commissioned on November 29, 2022, with 16 satellite receivers covering 13 free-to-air satellites, to support NMC’s content oversight. The BCCC, launched under the MoU, facilitates public complaints, enhancing accountability. This collaborative framework ensures spectrum use aligns with public policy objectives, including national security and ethical broadcasting.
2.2 Deficiencies in the Current Legal Regime The NMC’s structural and legal constraints include:
No Regional Presence. The absence of zonal offices limits proactive monitoring.
Limited Enforcement Powers. Section 13 of Act 449 restricts the NMC to mediation, without fines or license suspension authority.
Public Distrust and Judicial Preference.
Increasingly, aggrieved individuals are bypassing the NMC altogether and pursuing defamation suits in court. Notable examples include:Dr. Randy Abbey (COCOBOD CEO), who filed a GHS 20 million defamation suit against NPP’s Kwame Baffoe over false allegations aired on radio and social media.
Prof. Edward Dua Agyemang, who sued NDC Chairman Johnson Asiedu Nketiah for GHS 15 million over defamatory remarks made during a broadcast.
Nana Agradaa (Patricia Asiedua Asiamah), who was sentenced to 15 years in prison for fraudulent advertisements broadcast on television—highlighting how systemic inefficiencies allow harmful content to persist until criminal prosecution occurs.
These cases underscore a critical reality: the public perceives the NMC’s mediation process as insufficient, particularly where financial or reputational harm is involved.
The absence of punitive or compensatory remedies undermines the Commission’s deterrent effect.
2.3 Legal Gaps and the Need for Reform
To maximise the MoU’s impact, reforms are needed:Amend Article 166 and Section 2 of Act 449 to empower NMC on national security, incitement, and fraud.
Operationalise Section 3(d) of Act 769 through MoU-driven data-sharing and enforcement protocols.
Amend Section 15 of Act 449 to allow NMC’s Grievance Committee to impose fines.
Revise Section 5 of Act 449 to include NCA, National Security, and Cyber Security Agency representatives on the NMC Board.
Until reforms are enacted, the MoU enables the NCA to support content oversight via the BMS, providing time-stamped evidence for NMC action.
- International Best Practices: Unified Regulatory Authority Enhances Accountability
Global models demonstrate effective integration of technical and content oversight, aligning with the MoU’s collaborative approach.
The Koforidua model aligns with these principles.
a. Ofcom (UK) – Integrated Regulation with Public Interest Safeguards
Ofcom regulates licensing, technical standards, and content (e.g., impartiality, harm, offense) under one roof.
Its regional monitoring teams feed findings into a national enforcement system, enabling rapid response without inter-agency delays.
b. Federal Communications Commission (FCC) – Enforcement Through Unified Authority.The FCC uses field offices and automated tools to detect content violations (e.g., indecency, political bias) and can directly impose fines or suspend licenses—demonstrating the power of centralised enforcement.
c. Nigerian Communications Commission (NCC) – Regional Monitoring with Central Coordination
Though primarily a telecoms regulator, the NCC operates zonal monitoring stations that track both signal quality and content, especially during elections. It collaborates with the NBC but takes proactive action against incitement and pirate stations.
d. Australian Communications and Media Authority (ACMA)
ACMA uses AI and speech recognition to scan for harmful content, especially in regional broadcasts. Its “risk-based monitoring” strategy focuses on high-risk periods and stations—directly applicable to Ghana’s election cycles and ethnic tensions
- Current State of Content Regulation in the Eastern Region
The absence of routine content oversight creates a regulatory vacuum:
No proactive monitoring.
Delayed or ignored public complaints.
No early detection of hate speech or fraud.
Reliance on costly judicial action.
The MoU’s BCCC, supported by the BMC, begins addressing this, but BMS integration is critical for scalability.
- Capabilities of the Broadcast Monitoring System (BMS)
The BMS at Koforidua offers:
Real-time capture of FM radio, DTT, and online simulcasts.
Automated logging and 30-day archiving.
Multi-channel recording and searchable archives.
Under the MoU, the BMS supports the BMC’s content monitoring, as seen in the BCCC’s operations, with minimal investment needed for broader use.
- Rationale for Enhanced BMS Utilisation
The NCA’s mandate to serve public interest, reinforced by the MoU, justifies using the BMS for content oversight. Its real-time, verifiable data addresses rising complaints and supports NMC’s constitutional role.
- Recommendations
a. Formalise Content Monitoring as a Support Function
Issue guidelines, per the MoU, authorising zonal offices to log content breaches (hate speech, incitement, fraud, indecency).
b. Establish a Content Review Protocol
Designate trained staff for routine sampling using BMC data.
Develop standardised reporting templates for NMC referrals.
c. Strengthen Inter-Agency Collaboration
Formalise MoU-based referral mechanisms to NMC.
Share anonymised summaries with National Security, NCCE, and REGSEC for public order risks.
d. Enhance BMS Operational Capacity
Invest in speech-to-text or AI tools for keyword detection.
Train staff in content analysis and data ethics.
e. Institutionalise Reporting
Produce quarterly Broadcast Compliance Reports, shared via MoU channels.
Include findings in national NCA summaries
f. Pilot the Koforidua Model for National Scalability .Replicate the MoU-supported BMS framework in Accra, Kumasi, Tamale, and Sunyani.
Standardise training and technology.
g. Advocate for Legal and Institutional Reform
Strengthen the MoU with updated protocols for joint monitoring.
Push for amendments to Act 449 and Act 769 to harmonise mandates.
Recommend NCA and security experts on the NMC Board.
- Conclusion
This paper, steadfast in avoiding censorship, seeks to create a safe media space with public interest at its core. The NCA-NMC MoU of June 15, 2021, underpins a transformative approach, enabling the BMS and BMC to bridge regulatory gaps. The Koforidua Zonal Office, as a pilot, can leverage this MoU to establish a national content oversight framework, ensuring responsible media governance while respecting free expression.
Respectfully submitted,
Koforidua Zonal Office
National Communications Authority
References
NCA, “Launch of Broadcast Content Complaints Centre,” November 1, 2023.
NCA, “Commissioning of Broadcasting Monitoring Centre,” November 29, 2022.
NCA-NMC Joint Statement, September 2023.
ACMA, Broadcasting Services (Commercial Television) Standard 2019, Clause 5.1.
Ofcom, Broadcast Code, Sections 5 & 6.
NCC, 2023 Q3 Enforcement Report, p. 12.
Daily Graphic, “Nana Agradaa Sentenced to 15 Years,” 13 July 2025.
MyJoyOnline, “Dr. Randy Abbey Sues NPP’s Kwame Baffoe for GHS 20M,” 26 August 2025.
GBC Online, “Asiedu Nketiah Faces GHS 15M Defamation Suit,” 20 March 2019.
Source:Mybrytfmonline.com/Sawodji Stephen/NCA
