GJA Awards: Afenyo-Markin calls for repeal of two laws restricting free expression

Minority Leader Alexander Afenyo-Markin has called for the repeal of Section 208 of the Criminal Offences Act, 1960 (Act 29), and Section 76 of the Electronic Communications Act, 2008 (Act 775), saying that the provisions are being used to criminalise free expression and suppress dissent.

Speaking at the 30th Ghana Journalists Association (GJA) Media Awards held at the La Palm Royal Beach Hotel in Accra on Saturday, November 7, Mr Afenyo-Markin said the two laws had no place in Ghana's democracy, insisting that citizens and journalists should not face criminal prosecution for expressing opinions, criticising public officials or publishing information.

He acknowledged that freedom of expression must be exercised responsibly but maintained that criminal prosecution should not be the default response to false publications, criticism or disagreements.

“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.

The Minority Leader said that cases involving defamation, libel and false publications could be addressed through civil remedies, including court proceedings, retractions, apologies and compensation, rather than criminal prosecution.

He warned that resorting to criminal law to punish disagreements, political commentary, criticism or honest mistakes could create fear and discourage citizens and journalists from freely expressing their views.

Referencing former President John Agyekum Kufuor's position on media freedom, Mr Afenyo-Markin reiterated the need for responsible expression within established rules of engagement.

He further argued that addressing misinformation and irresponsible speech required a stronger emphasis on truth, factual reporting, ethical journalism and public education, with civil remedies applied where necessary.

“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.

Mr Afenyo-Markin also cautioned against the use of strategic lawsuits to intimidate journalists and ordinary citizens, warning that influential individuals should not exploit costly and burdensome legal processes to silence critical voices.

“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.

Section 208 of the Criminal Offences Act criminalises the publication or reproduction of false statements, rumours or reports likely to cause fear and alarm or disturb public peace, where the publisher knows or has reason to believe that the information is false.

Section 76 of the Electronic Communications Act, 2008, addresses the knowing transmission of false or misleading electronic communications likely to prejudice life-saving services or endanger safety.