Minority Leader Alexander Afenyo-Markin has called for the repeal of two Ghanaian laws used to arrest and prosecute people over statements they make.
Speaking at the Ghana Journalists Association’s 30th Media Awards in Accra on Saturday night, the Effutu MP said Section 208 of the Criminal Offences Act and Section 76 of the Electronic Communications Act were incompatible with constitutional protections for freedom of expression and press freedom.
He also appealed to President John Dramani Mahama to pardon Camilla Alhassan, a TikTok user serving a one-year prison sentence for comments posted on social media.
Section 208 of the Criminal Offences Act, 1960 (Act 29), makes it a misdemeanour to publish or reproduce a statement, rumour or report that is likely to cause public fear and alarm or disturb the public peace, if the person publishing it knows or has reason to believe it is false.
Section 76 of the Electronic Communications Act, 2008 (Act 775), makes it a criminal offence knowingly to transmit false or misleading electronic communications likely to prejudice life-saving services or put at risk the safety of a person, vessel, aircraft or vehicle.
Afenyo-Markin said the provisions were increasingly being used together against journalists and members of the public for online commentary, political criticism and participation in public debate.
He warned that such prosecutions risked bringing back criminal libel “through the back door”.
“When every uncomfortable statement becomes a potential criminal case, the result is not a more truthful society. The result is a more fearful one,” he said.
The Minority Leader referred to research by the Media Foundation for West Africa (MFWA), which describes an emerging “creeping criminalisation of speech” in Ghana. He also cited GJA reports recording more than 50 attacks on journalists since 2022.
Civil action, not imprisonment
Afenyo-Markin, referring to former President John Agyekum Kufuor’s position on media freedom, said the Minority Caucus did not support fabricated reports or incitement.
“Let me be clear, our purpose as a Minority is not to defend irresponsible speech. We do not defend lies. We do not defend hate speech. We do not defend incitement. We do not defend reckless publications that destroy reputations, endanger lives or undermine public peace. Freedom of expression is not a licence for irresponsibility,” he said.
He argued that defamation, libel and false publications should be dealt with through civil measures such as retractions, apologies, court action and compensation, rather than arrests or prison sentences.
“The answer to bad speech must not always be the criminal law. The answer to falsehood must be truth. The answer to propaganda must be fact. The answer to hate must be ethical journalism, public education and, where necessary, civil remedies. The answer must never be a return to the politics of fear,” he said.
He further criticised strategic lawsuits against public participation, known as SLAPPs, when brought by influential people against media organisations.
Afenyo-Markin said such cases could impose heavy financial and legal pressure on media houses, journalists and citizens.
“We will not accept a system in which the powerful use burdensome lawsuits not to protect their reputation, but to bankrupt journalists, exhaust editors and frighten citizens into silence. Justice must never become an instrument of intimidation,” he added.
Media General won three GJA awards at the ceremony.
