The Minister for Communications, Digital Technology and Innovation, Samuel Nartey George
Kwaku Osabutey is a father of two boys and lives in Prampram, working hard daily in his business to keep his boys fed and in school. His one escape? Sitting around the TV every weekend with his boys to watch Arsenal play on DSTV.
They’re die-hard fans, even though Arsenal hasn’t won the Champions League in years; they keep going. For them, it’s more than just football; it’s about bonding, laughter, and finding a rare moment of joy during tough times.
But month after month, the cost of that joy continues to rise. Whether there’s a power outage, school exams, or no football to watch, DSTV still requires full payment. There are no flexible packages and no real consideration for the struggles of everyday Ghanaians.
Kwaku’s story mirrors that of thousands of families who feel caught between rising costs and unchanging service conditions. This is the heart of the current tariff dispute between MultiChoice Ghana (operators of DSTV) and the Ministry of Communications and Digitalization.
It’s not just about subscriptions. It’s about fairness, accessibility, and how we value the small joys that keep families like Anny’s going.
Rising Tariffs, Shrinking Patience
For years, subscribers have voiced discontent over DSTV’s escalating tariffs, inflexible billing structures, and blanket charges that disregard real-time usage. It’s not just about entertainment, it’s about value, fairness, and respect for the consumer’s economic reality.
The Ministry of Communications and Digitalisation, in response, initiated consultations with MultiChoice, urging them to revise their pricing model to reflect the tough economic climate. But with no clear concessions from DSTV, the Ministry has drawn a red line: reduce your fees by August 7 or face regulatory action.
But can the Ministry really mute DSTV? What does the law say?
The Legal Theatre: Enter Act 775
The drama now unfolds under the spotlight of the Electronic Communications Act, 2008 (Act 775), Ghana’s legal compass for electronic communication services, including satellite TV. And in this legal script, three provisions hold the lead roles:
Section 25: When Free Market Fails, Regulation Must Step In
Section 25 begins with a nod to free-market economics: tariffs for services are to be set by providers in accordance with supply and demand. That’s the theory. But when one service provider dominates, the game changes.
Section 25(2) empowers the National Communications Authority (NCA) to regulate prices when:
- There is only one or a dominant provider (tick: DSTV controls the major satellite TV market)
- Cross-subsidization occurs
- There’s evidence of unfair pricing
Illustration: If DSTV charges GHS 400 monthly in Ghana, but only GHS 150 in South Africa for the same content, without clear justification, the NCA can investigate and cap fees. This is price regulation, not price dictatorship, and it’s legal under Ghanaian law.
Further, Section 25(3) requires fair and reasonable pricing without discrimination among similar customers. If DSTV gives preferential rates to certain clients or corporate bodies while squeezing ordinary Ghanaians, it’s walking on legal quicksand.
Section 2(6) & 2(8): The Minister’s Policy Power—With Limits
Now, the Ministry isn’t powerless. Section 2(6) of Act 775 allows the Minister, on the advice of the NCA, to make regulations via a Legislative Instrument (L.I.) on matters including:
- Fees and tariffs
- Licence suspension/revocation
- Handling of consumer complaints
- Penalties and sanctions
But here’s the catch: the Minister cannot unilaterally shut down DSTV or reduce its prices overnight. These powers must be exercised in consultation with the NCA and within a published legal framework. (In the current case, the minister has properly indicated that it has conducted such consultations with the NCA)
Section 2(8) deepens this mandate by requiring the Authority to research the socio-economic impact of broadcasting policies. This ensures evidence-based decision-making, not guesswork.
Example: A regulatory L.I. capping pay-TV prices during economic recessions, based on consumer impact data, is perfectly lawful. But an abrupt shutdown announcement? Not so much.
Section 97: The Regulatory Toolkit
Section 97 reinforces the framework for regulation. It mandates the Minister to legislate on:
- Tariffs
- Licence terms
- Complaint handling
- Sanctions for breaches
And if DSTV has violated license conditions, such as failing to provide value-for-money service or ignoring customer complaints, then a legal route to sanctions exists. That route goes through the NCA’s regulatory processes, not press briefings.
The law even permits fines of up to 2,000 penalty units for breaches of regulations. However, this only applies after due process.
The Bigger Picture: Fair Media Access in a Digital Ghana
This battle isn’t just about DSTV. It’s about:
- Regulatory fairness
- Digital consumer rights
- Affordability in a data-driven age
If DSTV dominates the market and sets high tariffs without competition, then the Authority must step in. But the process must be legal, evidence-based, and transparent. Otherwise, public sympathy could shift from frustration with DSTV to fear of government overreach.
The Ministry’s move to defend consumers is a welcome sign of responsive governance. But even noble intentions must walk within the lines of the law.
Yes, DSTV should justify its prices.
Yes, consumers deserve affordable and transparent billing.
Yes, shutdown threats with NCA-backed legal proceedings are the answer.
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DISCLAIMER: The Views, Comments, Opinions, Contributions and Statements made by Readers and Contributors on this platform do not necessarily represent the views or policy of Multimedia Group Limited.
