Government Ban on Airing Costa Show on D-15FM violates Liberia`s Constitution
January 18, 2021: The Center for Media Studies and Peacebuilding (CEMESP) says the action of the Government of Liberia, banning the relay of the “Costa Show” on D-15 radio, violates Liberia`s constitution and contradicts the country`s expressed commitment to the intent of the Declaration of the Table Mountain to promote strong, free and independent press to watch over public institutions.
Liberia was amongst the first group of countries that signed the Declaration of Table Mountain, a continental press freedom agreement that calls on governments to play a germane role that prevents the press from being hindered and punished through ‘insult laws’ and criminal defamation.
The Government of Liberia on Sunday, January 17, 2021, warned D-15FM, a privately owned commercial station not to relay the “Costa Show”, arguing the host and political commentator, Mr. Henry P. Costa is a “fugitive” from justice, and hence “cannot host radio programs from the United States meant to communicate to the Liberian audience.”
Without attempting to divert from its core focus of the current freedom of expression violation and get into the travel document controversy involving Mr. Costa, CEMESP states that Article 13(b) provides that “Every Liberian Citizen shall have the right to leave and to enter Liberia at any time.” And that is the case of a crime, Liberia should exercise its extradition treaty agreement with the United States to have Mr. Costa answer to any charges.
More importantly, the government ban on Mr. Costa from broadcasting violates Article 20 of the Constitution of Liberia that guarantees that “ No person shall be deprived of life, liberty, the security of the person, property, privilege or any other right except as the outcome of a hearing judgment consistent with the provisions laid down in this Constitution and in accordance with due process of law…”
Mr. Costa has never been convicted of any crime in any court and therefore he cannot be deprived of his right to freedom of expression guaranteed in Article 15 of the Constitution that, “Every person shall have the right to freedom of expression, being fully responsible for the abuse thereof” and that “This right shall not be curtailed, restricted or enjoined by government save during an emergency declared in accordance with this Constitution,”
If the Government proceeds to maintain its ban on Mr. Costa, stopping him from broadcasting and or revoke D-15`s broadcast license for pursuing its partnership with Mr. Costa to relay his show, the government would be denying Mr. Costa and several other Liberians the “equal opportunity for work and employment”. This would be a further violation of Article 18 of Liberia`s 1986 constitution.
This ban comes fifteen months after Roots FM, the radio station of Mr. Costa was shut down and equipment seized by state security for not having a license to operate.
This will become the third visible action by this administration to shut Mr. Henry Costa who many consider a critical voice- firstly with Voice FM (Mr. Costa previous FM being denied licence operation), secondly with Roots FM being shut down and vandalized, and lastly, an apparent attempt to stifle a registered owned and licenced station to relay The Costa Show.
CEMESP, therefore, draws the attention of the Government of Liberia on the disadvantage there is for governance as they try to stifle the press, and shut down critical voices.
The government cannot proceed with these old regime tactics after celebrations of the enactment of the Kamara Abdullai Kamara KAK press freedom law that abolishes libel and promoting a free press and a society of divergent views.
Roots FM (The Costa Show) and Punch FM are the two radio stations that have been shut down with no plan by the government to issue them license.
This is evident that it is not within the government’s interest to have them broadcast, rather an attempt to keep alternative voices at bay.
The Government of Liberia should do the right thing by revoking all threats and allow the D-15- Costa Show partnership to proceed.
Malcolm W. Joseph
Executive Director / CEMESP