THE UNIVERSITY OF CAPE COAST vs. THE HERALD NEWSPAPER [2019]DLNMC7562

Date	2019-10-12
Suit No.
Citation No.	[2019]DLNMC7562

[2019]DLNMC7562
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													<main id="main" class="content" style="min-height: 60rem" >THE UNIVERSITY OF CAPE COAST<o:p></o:p>vs.<o:p></o:p>THE HERALD NEWSPAPER<o:p></o:p>[NATIONAL MEDIA COMMISSION]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 12TH OCTOBER 2019<o:p></o:p>

</div>DECISION
GIVEN BY: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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NANA KWASI
GYAN-APENTENG (CHAIRMAN)<o:p></o:p>

</div>The University of Cape Coast (UCC)
filed a complaint with the Commission against the Herald Newspaper over its
publication carried in the 11 June, 2018 edition of the paper, titled UCC Vice Chancellor Accused of
Nepotism, …Offers Friend Top University Job.<o:p></o:p>In the said publication, the Herald
newspaper claimed that the VC, Prof. Ghartey Ampiah, had used his position to
influence the interview and selection process in the appointment of Mr. Philip
Ntim Owusu as the University’s Director of Physical Development and Estate
Management. The publication further alleged that the Director was not qualified
for the position, and his interview process was fraught with irregularities. <o:p></o:p>The Herald’s Newspaper publication also
stated that the contractors working with the University were having a frosty
relationship with the new Director because he had accused them of taking bribes
to secure their contracts, which had led to delays in payment.<o:p></o:p>The University stated that the
publication was a fabrication that sought to bring the University into
disrepute.<o:p></o:p>The Herald Newspaper, responding
through their lawyers, Nii Odoi Annan &amp; Co, indicated that they found the
complaint by the UCC to be frivolous, superfluous, tiresome and devoid of any
merit. They further indicated that they stood by their publication as they had
followed all necessary tenets of journalism in producing the said article. They
challenged the University to produce records concerning all the allegations
made in the story before they (Herald Newspaper) will come out to offer their
final reply. <o:p></o:p>Consequently, the Herald Newspaper and
its representatives refused to attend the hearing of the Complaints Settlement
Committee.<o:p></o:p>Nonetheless, the Committee proceeded to
adjudicate the case based on Article (3) of L.I 1587, which
states that:<o:p></o:p>“The Settlement Committee shall not proceed
with an investigation under this regulation in the absence of the person
against whom the complaint has been made unless it is satisfied that notice
served for that purpose has been received by him.” <o:p></o:p>The Complaints Settlement Committee
proceeded with the evidence before it and determined as follows:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
paper could not defend its publication by refusing to appear before the
Complaints Settlement Committee of the Commission.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
Herald Newspaper should retract and apologize to the University in three
editions of its publications giving it the same prominence as the offending
article. <o:p></o:p>

3.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
The
paper should not repeat the offending articles.<o:p></o:p></main>