Connect with us

Buzz

Supreme Court defers Judgment on celebrity alcohol ad ban to April 24

Published

on

alcohol

The Supreme Court has deferred its judgment in the case in which Mark Darlington Osae has filed a suit against directives that banned celebrities in alcoholic advertisements to April 24, 2024.

The apex Court panel of seven had fixed Wednesday, April 10, for its judgement.

However, uncertainties surrounding the date for the celebration of the Eid-ul-Fitr following a month of Ramadan fast played a part in the adjournment.

The Food and Drugs Authority ,(FDA), had issued a directive that placed a ban on celebrities from advertising for alcoholic beverages.

Advertisement

The FDA’s directives which barred the use of celebrities in plugging alcoholic beverages were aimed at protecting minors from being influenced by celebrities into alcoholism.

Mark Osae, the manager of Reggie ‘N’ Bollie and Skrewfaze dissatisfied with the directive issued a writ at the Supreme Court on November 11, 2022, saying the FDA’s 2015 regulations are discriminatory against the creative arts industry.

The plaintiff (Mark Darlington Osae), also a music publisher at Perfect Note Publishing, wants the Supreme Court to take down that regulation.

Mark Osae, who is the Chairman and Co-Founder of Ghana Music Alliance, said the FDA directive which ordered that, “no well-known personality or professional shall be used in alcoholic beverage advertising,” is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution.

He contended that, Articles 17(1) and 17 (2) of the 1992 Constitution guarantee quality before the law and prohibit discrimination against persons on grounds of social or economic status, occupation, among others, and consequently null, void, and unenforceable.

Advertisement

Before the action was initiated at the Supreme Court, some of the stakeholders in the creative industry including, Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had all spoken against the law and had called on powers that be to repeal it.

The FDA’s directives discourage the use of celebrities in the promotion of alcoholic beverages via any medium.

This policy forms part of the efforts by the government of Ghana to protect children and young people from alcohol marketing.

But the plaintiff ignores this reality and argues that the child protection measure would rob the entertainment industry of potential streams of income.

In the writ issued on November 11, the plaintiff, Mark Darlington Osae said those areas of the FDA’s 2015 regulations are tantamount to discrimination on grounds of economic status, and occupation among others.

Advertisement

The artist, manager, and music publisher is thus asking the Supreme Court to render as unconstitutional the guidelines which stipulate that, “No well-known personality or professional shall be used in alcoholic beverage advertising.” Mr Darlington Osae is the Chairman and Co-Founder of Ghana Music Alliance.

Reliefs

(a).A declaration that on a true and proper interpretation of Article 17(1) and (2) which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation, among others, Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which provides that “No well-known personality or professional shall be used in alcoholic beverage advertising” is discriminatory, inconsistent with and in contravention of articles 17(1) and 17
(2) of the 1992 Constitution, and thus unconstitutional.

(b). A declaration that on a true and proper interpretation of Article 17(1) and (2), Guideline 3.2.10 of the Guidelines for the Advertisement of Foods published by the 1st Defendant on 1st February 2016 which prohibits well known personalities and professionals from advertising alcoholic products is inconsistent with and in contravention of articles 17(1) and 17 (2) of the 1992 Constitution which guarantee equality before the law and prohibits discrimination against persons on grounds of social or economic status, occupation amongst others and consequently null, void and unenforceable.

(c). An order striking down Guideline 3.2.10 of the Guidelines for the Advertisement of foods published by the Ist Defendant on Ist February 2016 as being inconsistent with and in contravention of the letter and spirit of the 1992 Constitution and as such a nullify.

Advertisement

(d). An order of perpetual injunction restraining the Defendants, their agents or servants or assigns under the pretest of acting under Guideline 3.2.10 of the Guidelines for the Advertisement of foods published by the 1st Defendant on Isl February 2016 from doing anything to precent any well-known persondlity or professional from addertising alcoholic products.

SOURCE: Starrfm

Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Buzz

Internal Power Struggles in Actors Guild Hindering Progress – Fred Amugi

Published

on

fred amugi

Legendary Ghanaian actor, Fred Amugi has expressed his frustrations over the ongoing leadership disputes within the Actors Guild of Ghana, which he believes are detrimental to the growth of the movie industry. (more…)

Continue Reading

Buzz

I might just vote for cheddar; both NPP and NDC are the same – Efia Odo

Published

on

odod

 

Ghanaian actress and social media personality, Andrea Owusu, popularly known as Efia Odo has expressed her disillusionment with the country’s two major political parties, the New Patriotic Party (NPP) and the National Democratic Congress (NDC). (more…)

Continue Reading

Buzz

I will register my house, kids, and kidney in your name – Strongman tells baby mama

Published

on

strong g

Ghanaian rapper Strongman has taken to social media to celebrate his longtime girlfriend and mother of his child, Nana Ama (more…)

Continue Reading

Buzz

Pray for me; my heart is heavy – James Gardiner tells fans as he battles depression

Published

on

jamess

Renowned Ghanaian actor, James Gardiner recently opened up about how he felt numb and powerless on his birthday. (more…)

Continue Reading

Buzz

Adorable moment as Stonebwoy’s kids surprise him after he wrote his final exams at GIMPA

Published

on

PhotoGrid 1 20240524101658

Social media is buzzing with an adorable video of Ghanaian reggae/dancehall artist Stonebwoy’s children surprising him with a warm welcome after completing his final exams at the Ghana Institute of Management Studies (GIMPA). (more…)

Continue Reading

Buzz

We’re not authorized to regulate ‘spiritual products’ – FDA reacts to Hajia Bintu ‘Kayamata’ advert

Published

on

WhatsApp Image 2023 04 13 at 12.14.17 AM

The Food and Drugs Authority (FDA) has clarified its regulatory stance on products making spiritual claims, such as the ‘kayamata’ potions promoted by social media influencer Hajia Bintu. (more…)

Continue Reading

Trending