Kafui Danku
Questions are being raised about whether the National Film Authority (NFA) has the legal or automatic authority to revoke or suspend a television station’s license over copyright infringement.
This comes after the NFA issued a strong warning to television stations across Ghana about the unauthorised broadcasting of films, series, and other creative works. The warning emphasises that such activities violate copyright laws and threaten the growth of the country’s creative industries.
NFA Executive Secretary, Kafui Danku-Pitcher in a statement reportedly indicated a rising number of complaints from both local and international content owners about their works being illegally aired on traditional and digital TV platforms in the country.
“In recent months, the NFA has received numerous complaints from both Ghanaian and international content owners about the illegal airing of films, series, and other creative works on traditional and digital TV platforms in Ghana. These infringements violate content creators’ rights and discourage investment and creativity in Ghana’s creative industries,” the statement noted.
The NFA warned that television stations found guilty of such copyright infringements “risk having their licenses suspended or revoked.” She also announced an ongoing collaboration with relevant State agencies to investigate complaints and take legal action against violators.
“To this end, the Authority is working closely with relevant institutions to investigate and take appropriate actions against television stations that air content without authorisation from the rights owner or rights holder. Offenders risk having their licenses suspended or revoked,” she allegedly said.
However, there are concerns as to whether the Ghanaian law gives the NFA the power to revoke or suspend a television station’s broadcast license.
Licensing and regulation of broadcasters fall under the mandate of the National Communications Authority (NCA) in accordance with the Electronic Communications Act, 2008 (Act 775).
Indications are that while the NFA can report copyright violations and work with enforcement bodies, only the NCA can revoke a station’s license — typically for breaches of broadcasting regulations, not directly for copyright infringements.
In terms of the legal consequences for copyright infringement, Ghana’s Copyright Act, 2005 (Act 690) provides specific penalties. If a television station is found guilty of airing unauthorised content, the punishments include:
A fine ranging from 500 to 1,000 penalty units (currently equivalent to GH¢6,000 to GH¢12,000), Imprisonment for a term not exceeding three years, or both a fine and imprisonment.
Additionally, rights holders have the right to sue for damages and seek injunctions through civil proceedings.
The NFA nonetheless urged all broadcasters to comply by obtaining the necessary licenses to air content, ensuring that all films are classified by the Authority before broadcast, and respecting intellectual property rights.
“Ghana’s creative economy holds significant potential for national development, job creation, and international recognition. However, its growth depends on the protection and respect for intellectual property rights,” the NFA added.
It concluded by calling on all television stations and media platforms to secure proper licensing agreements, fairly compensate creators, and work together in building a thriving and lawful creative industry.