Ghana's Minority Leader Calls for Repeal of Section 208

Ghana's Minority Leader, Alexander Kwamena Afenyo-Markin, has urged the government to repeal Section 208 of the Criminal Offences Act. He argues that the provision, which deals with the publication of false news, has become a tool for targeting journalists and citizens who express opinions or criticise public officials. Speaking at the 30th Ghana Journalists Association Media Awards in Accra on November 7, 2026, Mr. Afenyo-Markin said the Minority Caucus believes the law has no place in a democratic society.

Section 208 has increasingly been used to prosecute people over their comments and publications, threatening freedom of expression in Ghana. Mr. Afenyo-Markin warned that criminal prosecution over political comments, public criticism, satire, and journalism could create fear among citizens and discourage open discussions on matters of national interest. He stated that when every uncomfortable statement becomes a potential criminal case, the result is not a more truthful society, but a more fearful one.

The Minority Leader also raised concerns about Section 76 of the Electronic Communications Act, 2008. He argued that its application could threaten freedom of expression on digital platforms. Mr. Afenyo-Markin indicated that the Minority could push for the repeal of the provision, which he said placed people at risk of prosecution for their comments on digital platforms.

However, Mr. Afenyo-Markin stressed that his caucus is not advocating for irresponsible journalism or defending hate speech, incitement, and false publications. He said people whose reputations were damaged by false information could seek redress through civil actions rather than criminal prosecution. Defamation, libel, and false publications are civil matters that can be addressed through the courts.

Mr. Afenyo-Markin described journalists as important defenders of Ghana's democracy. He said their work helped expose corruption, abuse of power, and failures in public institutions. The Minority Leader urged the government to demonstrate its commitment to press freedom through its actions, particularly in decisions to prosecute journalists and in measures to protect media practitioners.

The Minority Leader cautioned against the use of lawsuits by powerful individuals to intimidate journalists and media organisations. He said the justice system must not be used to bankrupt journalists, exhaust editors, or silence citizens who raise concerns about public officials. A government that says it supports press freedom must show it in its conduct.

The Ghana Journalists Association Media Awards ceremony was held in Accra on November 7, 2026. The event recognised the contributions of journalists and media organisations to Ghana's democratic development. Mr. Afenyo-Markin's call for the repeal of Section 208 is seen as a significant step towards promoting press freedom and freedom of expression in Ghana.

Key points

• The Minority Leader argues that Section 208 has no place in Ghana's democracy.
• The provision has increasingly been used to target journalists and citizens who express opinions or criticise public officials.
• The Minority Leader urges the government to demonstrate its commitment to press freedom through its actions.