The National Film Authority (NFA) of Ghana has issued a stern warning to television stations concerning the unauthorized broadcast of copyrighted material, including films, series, and other creative works. This practice, the NFA emphasizes, not only infringes upon the rights of content creators but also poses a significant threat to the growth and development of the country’s creative industries. The rising number of complaints received by the NFA from both local and international content owners underscores the gravity of the situation. The unauthorized airing of copyrighted content on both traditional and digital television platforms has become a prevalent issue, prompting the NFA to take action.
At the heart of the NFA’s warning lies a critical question of its authority to revoke or suspend television station licenses. While the NFA has the power to classify films and enforce compliance with copyright laws, the actual licensing and regulation of broadcasters fall under the jurisdiction of the National Communications Authority (NCA). This distinction stems from the Electronic Communications Act, 2008 (Act 775), which mandates the NCA to oversee broadcasting regulations. Although the NFA can report copyright violations and collaborate with enforcement bodies, it is ultimately the NCA that holds the power to revoke a station’s license – typically for breaches of broadcasting regulations, not directly for copyright infringements.
Ghana’s Copyright Act, 2005 (Act 690) outlines the legal ramifications for copyright infringement. Television stations found guilty of broadcasting unauthorized content can face significant penalties, including fines ranging from 500 to 1,000 penalty units (currently equivalent to GH¢6,000 to GH¢12,000), imprisonment for up to three years, or both. Furthermore, rights holders have the legal recourse to pursue civil proceedings, seeking damages and injunctions against infringing broadcasters. This multi-tiered legal framework aims to protect the rights of content creators and discourage the unauthorized use of copyrighted material.
The NFA’s warning, while intended to deter copyright infringement, has sparked debate about the precise extent of its authority. The statement issued by NFA Executive Secretary, Kafui Danku-Pitcher, indicated that offending television stations “risk having their licenses suspended or revoked.” However, legal experts have clarified that this authority rests solely with the NCA. The NFA’s role, therefore, is primarily one of reporting and collaborating with the NCA and other relevant state agencies in investigating and taking legal action against infringing broadcasters.
The NFA, despite the clarification of its authority, continues to urge all broadcasters to comply with copyright laws. This includes obtaining the necessary licenses to air content, ensuring that all films are classified by the NFA before broadcast, and respecting intellectual property rights. By adhering to these guidelines, television stations can contribute to creating a healthy and sustainable creative ecosystem in Ghana. The NFA also encourages collaboration between broadcasters and content creators to foster a thriving and lawful creative industry.
The broader context of this issue highlights the importance of copyright protection in fostering a flourishing creative economy. Ghana’s creative sector holds significant potential for national development, job creation, and international recognition. However, the realization of this potential hinges on protecting and respecting intellectual property rights. The NFA’s warning serves as a timely reminder of this critical aspect and underscores the need for all stakeholders, including broadcasters, content creators, and regulatory bodies, to work together in upholding copyright laws and promoting a vibrant and sustainable creative industry.
