Constitutional lawyer Kwame Adofo has stated that Ghana's media environment has significantly changed since the 1992 Constitution came into force. He noted that traditional media organisations were the primary channels for individuals to reach large audiences when the Constitution was drafted. However, with the emergence of social media, individuals can now create and operate their own platforms without relying on established media organisations.
Lawyer Adofo explained that platforms like Facebook, TikTok, Instagram, and Threads allow people to produce and distribute content directly to audiences from anywhere. He emphasised that this development presents new challenges for interpreting and regulating freedom of expression, as the constitutional framework was developed in a more limited media environment. The lawyer acknowledged that freedom of speech is not absolute and that the law provides remedies for individuals who believe their rights have been violated.
Lawyer Adofo cited defamation as an example, stating that people who believe their reputation has been unlawfully damaged can seek redress through the appropriate legal channels. However, he cautioned against giving the police the role of determining whether particular speech has crossed the legal boundary, as this could create the risk of criminalising speech. Ghana previously had criminal libel provisions in its Criminal Code, but the relevant provisions were repealed by the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001.
The constitutional lawyer argued that the police should not become the final authority on what citizens can or cannot say. He questioned whether such matters should instead be subjected to appropriate judicial processes, particularly where questions arise over whether a statement amounts to defamation or another unlawful act. Lawyer Adofo also called for the direct involvement of people who actively participate in the digital space in discussions aimed at addressing abuses associated with social media.
Lawyer Adofo's comments followed calls for organisations such as the Ghana Journalists Association and the Media Foundation for West Africa to engage stakeholders and develop measures to address offensive or abusive online content. He compared the situation to peace negotiations, arguing that parties involved in a conflict must be part of discussions aimed at finding a solution. The lawyer cited controversies surrounding social media commentary, including debates such as the Ghana-Nigeria jollof discourse, as examples of conversations that largely take place among online users themselves.
The constitutional lawyer addressed calls for stronger regulation of Ghana's new media environment, acknowledging that governments in different jurisdictions have introduced measures to regulate aspects of digital communication. However, he questioned whether any country has completely resolved the challenges associated with social media. Lawyer Adofo noted that digital platforms differ fundamentally from traditional media organisations, which generally have identifiable structures, editors, and established systems of accountability.
Lawyer Adofo maintained that Ghana's response should seek to protect freedom of expression while addressing unlawful conduct and protecting the rights of others. He also cautioned against approaches that could give excessive discretionary power to law-enforcement agencies, arguing instead for a framework that involves the actual actors in the digital space and balances freedom of expression with accountability.
Key points
- The 1992 Constitution's framework for freedom of expression has been exceeded by Ghana's rapidly changing media environment.
- Lawyer Kwame Adofo cautions against criminalising speech and giving excessive discretionary power to law-enforcement agencies.
- The lawyer calls for the involvement of digital space actors in discussions aimed at addressing abuses associated with social media.
