Journalists and news organizations across the country have been urged to embrace Ghana’s Right to Information (RTI) Act, 2019 (Act 989) as an indispensable legal shield against defamation suits and public interest litigation.
Speaking on the strategic value of the law, lawyer and lecturer at the University of Media, Arts and Communication (UniMAC), Zakaria Tanko Musah stressed that obtaining official, incontrovertible public records through the RTI framework allows media practitioners to verify facts thoroughly before publication.
Speaking in an interview with ATLFM NEWS on the sidelines of a legal Training Workshop for journalists in Accra organized by the Media Foundation for West Africa (MFWA), Lawyer Tanko Musah advised newsrooms not to give up when public agencies refuse to release requested records.
“That’s why the RTI law was passed. It was passed so that anybody at all, and journalists, can make use of it to assess information that is in public institutions or any institution that is making use of public funds.”
Outlining the statutory enforcement routes available under the law, he advised that there’s no need to give reasons for requesting that information, adding that when the information is exempt and would be in the interest of the public, “then you can push for it to be given.”
“And if they don’t give you the information, the law has given you certain parameters or certain routes you can take. You can go right up to the Right to Information Commission, and there have been instances where the Right to Information Commission has ordered a public institution to release the information. If they don’t release the information, you can go to the High Court, and then they will release the information.”
Lawyer Tanko Musa also made a strong case for aggrieved individuals to utilize the National Media Commission (NMC) to resolve complaints against journalists rather than rushing to court.
He warned that weaponizing the justice system creates a rippling chilling effect on journalists and democracy.
“We shouldn’t be weaponizing the criminal justice system against journalists, because when we do so, we defeat the very purpose for which media freedom and independence were put into the constitution…And when journalists fear or are intimidated, those who are engaged in Corruption, and wrongdoing are the beneficiaries because they will not be put on the spotlight and they will not be exposed.”
Tanko Musah emphasized that grounding investigative stories in verified RTI data proves due diligence, protecting journalists even if a public official takes legal action against them.
He urged media practitioners to prioritize thorough fact-checking and ethical compliance, stating that while media freedom is constitutionally guaranteed, it comes with the responsibility of due diligence.
“…whether you belong to GJA or GIBA or PRINPAG, or even the International Code of Ethics that governs how journalists do their work, at the heart of them, what they are trying to do is to get you to do your work in a way that would keep you out of trouble. It says fact-check, make sure you are verifying.”
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