Ghana's Minority Leader Calls for Repeal of Laws Criminalising False Publications

Minority Leader Alexander Afenyo-Markin has called for the repeal of laws that criminalise false publications, citing their incompatibility with Ghana's democratic principles. Speaking at the 30th anniversary of the Ghana Journalists Association (GJA) Media Awards in Accra on November 7, 2026, Afenyo-Markin argued that these laws restrict free expression and silence dissenting voices. He maintained that journalists and citizens should not face criminal prosecution for expressing their views or publishing information.

The laws in question are Section 208 of the Criminal Offences Act, 1960 (Act 29), and Section 76 of the Electronic Communications Act, 2008 (Act 775). Section 208 criminalises the publication or reproduction of false statements likely to cause fear and alarm, while Section 76 addresses the transmission of false or misleading electronic communications. Afenyo-Markin stressed that the Minority is not advocating for irresponsible speech, but rather for the protection of freedom of expression.

Afenyo-Markin suggested that cases involving defamation, libel, and false publications could be resolved through civil proceedings, such as court actions, retractions, apologies, and compensation. He warned that resorting to criminal prosecution could create fear among journalists and discourage citizens from freely expressing their views. The Minority Leader referenced former President John Agyekum Kufuor's position on media freedom, emphasising the need for responsible exercise of freedom of expression.

According to Afenyo-Markin, efforts to address misinformation and irresponsible publications should focus on promoting truth, factual reporting, and ethical journalism. He advocated for public education and civil remedies, rather than criminal prosecution. The Minority Leader stated that the answer to bad speech must not always be the criminal law, but rather truth, fact, and ethical journalism.

Afenyo-Markin also warned against the use of strategic lawsuits to intimidate journalists and citizens. He cautioned that influential individuals should not exploit costly and prolonged legal proceedings to suppress criticism. The Minority Leader emphasised that justice must never become an instrument of intimidation.

The GJA Media Awards, now in its 30th year, recognises excellence in journalism and promotes a free and responsible press. The event, held at the La Palm Royal Beach Hotel in Accra, brought together journalists, media professionals, and stakeholders to celebrate outstanding contributions to the Ghanaian media landscape.

Afenyo-Markin's call for the repeal of these laws has significant implications for media freedom and freedom of expression in Ghana. The Minority Leader's advocacy for a more nuanced approach to addressing misinformation and irresponsible publications reflects a broader debate about the balance between free expression and social responsibility in the country.

Key points

• The Minority Leader argues that laws criminalising false publications restrict free expression and silence dissenting voices.
• Afenyo-Markin suggests that civil proceedings, rather than criminal prosecution, should be used to address cases involving defamation and false publications.
• The Minority Leader warns against the use of strategic lawsuits to intimidate journalists and citizens.