Private legal practitioner, Samson Lardy Anyenini has opined that the guidelines by the Food and Drugs Authority (FDA) and the Gaming Commission barring celebrities from advertising alcoholic beverages and sports betting respectively may be an infringement on the rights of the celebrities, hence unconstitutional.
Speaking on Showbiz A to Z on Accra-based Joy FM, Mr. Anyenini explained that though the 1992 Constitution has made provisions for discriminations and limitations on the rights of citizens, the state or agencies of the state must demonstrate that such limitations and discriminations are necessary for the overriding public interest, and that they are proportional.
Per his analysis, the existing guidelines of the Gaming Commission and the FDA provide ways of regulating the participation of celebrities in advertising products as all advertisement will have to be vetted and approved by them.
He therefore concluded that the regulations by the two regulators barring celebrities from advertising alcoholic beverages and sports betting are unnecessary infringements on rights of the celebrities and disproportional discrimination contrary to the Constitution.
“You have your economic right, freedom of speech and expression yet it can be discriminated or limited on the basis of the laws that say your rights are subject to others’ rights and the overriding public interest.
He continued that [But] if you have to do so (limit and/discriminate the rights), you must show two things otherwise the thing you are using to do that discrimination will be struck down. You must show that the limitation that you are bringing on the person’s rights is necessary and it is for the public good. Apart from that, you must also show that the limitation is proportional, “ he expounded.
He added that:” How you are able to show when you take this law ( barring the celebrities), that it may not be proportional and it may be one that put unnecessary limitation and does not enhance the democracy is that, in this same law, the guidelines say advertisement must be vetted and approved by the commission [and the FDA]…
This shows that the commission has a better way or alternative of ensuring that the celebrities could engage in the activity in a manner that does not bring the hurt they are concerned about.”
He concluded that: “on the basis of that, I humbly submit that it would appear that because there are alternatives by which the same commission that is seeking to regulate it in this manner is capable of regulating what goes on, it may be found to be unconstitutional and therefore an unnecessary ban and one that unlawfully inferred with the rights of these celebrities.”
Mr. Anyenini, however, stated that the regulations are binding on the celebrities and breach of same is punishable by law unless a court of competent jurisdiction makes a pronouncement that they are unconstitutional.
Some celebrities have expressed worry over regulations by the FDA and Gaming Commission banning them from advertising or promoting alcoholic beverages and sports betting arguing that such laws will stifle the growth of the entertainment industry and infringe on their rights.
Songstress Wendy Shay, for instance, has threatened to sue the Gaming Commission over violation of her rights and has appealed to the president of Ghana to intercede.
