In a recent development, the Supreme Court has announced the deferral of its judgment in a case involving Mark Darlington Osae and the directives that banned celebrities from appearing in alcoholic advertisements. The new date for the judgment has been set for April 24, 2024, after it was initially scheduled for Wednesday, April 10.
The adjournment of the judgment was influenced by uncertainties surrounding the date for the celebration of Eid-ul-Fitr following a month of Ramadan fast.
The case stems from the Food and Drugs Authority's (FDA) directive, which prohibited the use of celebrities in advertising alcoholic beverages. The directive was aimed at safeguarding minors from being influenced by celebrities to consume alcohol.
Mark Darlington Osae, who manages Reggie ‘N’ Bollie and Skrewfaze, was dissatisfied with the FDA's directive and subsequently filed a lawsuit at the Supreme Court on November 11, 2022. He argued that the FDA's regulations were discriminatory against the creative arts industry and sought to have them invalidated.
Osae, who is also a music publisher at Perfect Note Publishing and the Chairman and Co-Founder of Ghana Music Alliance, contended that the FDA's directive infringed upon articles 17(1) and 17(2) of the 1992 Constitution, which guarantee equality before the law and prohibit discrimination based on social or economic status, occupation, among other grounds.
Prior to the legal action, several stakeholders in the creative industry, including Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, had voiced their opposition to the directive and called for its repeal.
While the FDA's directives aimed to protect children and young people from alcohol marketing, Osae argued that they would deprive the entertainment industry of potential income streams.
In his writ, Osae sought several reliefs, including a declaration that the FDA's guideline prohibiting well-known personalities and professionals from advertising alcoholic products is unconstitutional and null and void. He also requested an order to strike down the guideline and an injunction restraining the defendants from enforcing it.
The outcome of this case has significant implications for both the advertising industry and the creative arts sector in Ghana. It remains to be seen how the Supreme Court will rule on this matter and what impact it will have on future regulations pertaining to alcohol advertising and celebrity endorsements. We await the court's decision on April 24, 2024, with keen interest.
-source starrfm | curated by Aisha Yakubu | GhanaCrimes
