The plaintiff in the nineteen months case against the Food and Drugs Authority, Mr Mark Darlington Osae has indicated that some of the laws governing the creative arts sector must be reviewed.
The Supreme court, by a majority decision upheld the Food and Drugs Authority (FDA)’s directive which prevents well-known persons or public figures from endorsing alcoholic drinks on Wednesday, June 19, 2024.
Mr Mark Darlington believes even though we have great laws as a country, some of them are obsolete and need to repealed especially the laws governing the creative arts sector.
Speaking in an exclusive interview with ATL FM Entertainment News Desk, Mr. Osae expressed his disappointment in the verdict and also added that some of the laws governing the creative arts sector needs to be reviewed.
Mr Mark Darlington Osae, CEO, Black Kulture Music
“In terms of our laws, I feel we’ve got some great laws but a lot of them are way behind and a lot of them are even due for review and update years ago, especially within the creative space. Especially if you look at the copy rights regulations 2010, the LI 1962 all of those and regulations need to be reviewed because they are not fit for purpose in 2024” he stated.
He also bemoaned the fact that since our laws do not reflect the current dispensation and technology and ways of doing things, it does not give creative artists the full protection they ought to enjoy.
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He explained that being famous and excelling in one’s profession shouldn’t be barrier to something that everyone is entitled to.
“We still feel it is discriminatory just because one has expelled in their area of practice shouldn’t bar them from accessing something that everyone has access, because everyone can advertise but as soon as the FDA feels or states that you are well known or you generate conversation, you are not allowed to and it is still unfair.
Mr Mark Darlington has also hinted that they are waiting for the full verdict since it was scheduled to released on Friday, 21st June, 2024 so it enables them take the best decision moving forward.
“We are waiting for the full records of the judgement, the full details of the judgment to be issued to us. The Supreme Court said 21st of June which is Friday, so we are hoping that we receive it. Once we receive it, our legal team would take it up and that would inform what action to take next whether we would leave it as it is or call for a review of the judgment” he added.
BACKGROUND TO THE STORY
Following the decision by the FDA to enforce the laws that sought to bar celebrities from endorsing alcoholic beverages because of the possible influence it may have on minors, Mr Mark Darlington Osae decided to challenge it in court.
On November 11, 2022, Mark Darlington Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze of Black Kulcha Music, filed a writ at the Supreme Court, describing the FDA’s 2015 regulations against alcoholic advertisement by celebrities as discriminatory against the creative arts industry.
The writ indicates that the FDA directive which orders that, “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.
This brings an end to a highly-publicised nineteen-month legal suit filed against the Authority by Mark Darlington Osae, a Ghanaian music executive and publisher based in the United Kingdom.
