The recent decision by the Supreme Court to dismiss a suit seeking to declare the Food and Drugs Authority’s (FDA) guidelines on the advertisement of alcoholic beverages as unconstitutional has sparked a significant debate within the creative arts industry.
In 2016, the FDA introduced guidelines prohibiting the use of well-known personalities or professionals in advertisements for alcoholic beverages. This move was challenged by Mark Darlington Osae, the manager for Musicians Reggie N Bollie, who argued that the directive was discriminatory and unconstitutional. Mr. Osae filed a suit at the apex court, seeking to interpret articles 17(1) and 17(2) of the constitution as grounds for declaring the FDA's directive as discriminatory.
However, in a majority 5-2 decision, the Supreme Court upheld the constitutionality of the FDA's directive. The court's decision has significant implications for the creative arts industry, particularly for individuals such as Wendy Shay, Shatta Wale, Brother Sammy, Kuami Eugene, and Camidoh, who have voiced their opposition to the directive. They argue that endorsing alcoholic beverages is a crucial source of income for the industry and that the ban adversely affects their livelihoods.
Mr. Osae's lawyer, Bobby Banso, contended that the FDA's regulation banning celebrities from advertising alcohol is discriminatory against the creative arts industry. The lawsuit sought various declarations and reliefs, including interpreting Articles 17(1) and 17(2) of the 1992 Constitution to mean that the FDA's directive is unconstitutional.
The court's decision has brought to the forefront a critical discussion about the intersection of regulations, constitutional rights, and the economic interests of individuals within the creative arts industry. It raises questions about the balance between public health concerns related to alcohol consumption and the economic impact on individuals who rely on endorsements for their livelihoods.
It is clear that this issue will continue to be a point of contention and debate within both legal and creative circles. The implications of this decision will undoubtedly reverberate throughout the creative arts industry, and it remains to be seen how stakeholders will navigate the complex intersection of constitutional rights, public health concerns, and economic interests in the future.
-source citinewsroom | curated by Tetteh Belinda | GhanaCrimes
