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On Thursday February 18, 2010, a panelist on To Radio�s Morning Show, Nana Darkwa Baafi was arrested by a group of policemen in the studios of the radio station. Within hours, he was charged with the offence of publishing a statement likely to cause fear and alarm in the public, arraigned before an Accra Circuit Court where he was refused bail and remanded in custody for two weeks by Judge C.A Wilson. Upon a repeat application in the High Court on Friday February 19, by his lawyers, Nana Darkwa Baafi was granted bail. The National Media Commission wishes to express its concern about the circumstances and manner of the arrest of the panelists and his remand in custody. The Commission also notes with concern the unsubstantiated statements made by the panelists that precipitated this chain of events. While holding the media to responsible behavior, the NMC is of the view that media infractions should be handled in a manner that does not criminalise speech and undermine free expression and media freedoms. The Commission considers it equally unacceptable that contributors to media programmes make unguarded and unsubstantiated statements damaging the good name and reputation of others. Moderators have a responsibility to insist on a withdrawal of the offending statement made on the airwaves and to take effective steps to prevent their repetition. The National Media Commission condemns unprofessional conduct in the media such as happened on Top Radio. This, however, should not be used as a justification for the arrest and remand of journalists and persons who express themselves in the media. It is for these considerations that the 1992 Constitution established the Complaint�s Settlement Committee of the Commission as the first point of mediation and settlement of disputes involving media and aggrieved citizens and institutions, especially public figures. The Constitution also makes provision for other mechanisms such as retractions and the publishing of rejoinders as a way of correcting wrong or misleading information in the media. As a last resort, there is also the remedy of recourse to civil litigation in our courts to vindicate the reputation of aggrieved persons. We find it necessary to state that our law courts are the last bastion for the defence and protection of the liberty of the individual, and it is therefore regrettable that the Circuit Court refused bail and remanded the accused panelist in custody. We are however, reassured that the High Court was upheld the right to liberty by admitting Nana Darkwa Baafi to bail. This unfortunate incident provides the NMC with the opportunity to assert once more the importance of maintaining a balance between free and unfettered press and the demands of responsible media practice as well as prompt redress of content that damages the reputation of persons. Finally, the National Media Commission respectfully appeals to the Attorney-General in whose name criminal prosecutions are initiated to call for the docket and review the option of criminal prosecution in this case. Friday February 19, 2010