Political marketing consultant Dr. Bernard Tutu-Boahene has urged the release of persons detained or jailed for social media-related offences before Ghana's proposed national dialogue on hate speech and abusive online content. He made this call on the Asaase Breakfast Show on Thursday, September 24. Dr. Tutu-Boahene emphasized that the dialogue would be challenging to conduct fairly if people facing prosecution or imprisonment over online comments remained in custody.
Dr. Tutu-Boahene described President John Mahama's call for a national conversation on hate speech, abusive online content, and responsible digital communication as a positive step. However, he suggested that the process should begin with a "signal of fairness." He cited the case of a lady jailed for one year and a nursing officer arrested in a village around Techiman, arguing that these cases should be discontinued before the national conversation begins.
Dr. Tutu-Boahene stressed that applying the law inconsistently to people who make similar comments could undermine confidence in the proposed dialogue. He advocated for the release of those jailed for online comments, stating that if some people have been charged and others are doing what they are doing, it would be unfair to move forward with the dialogue as if nothing is happening.
Dr. Tutu-Boahene emphasized that Ghana needs laws and regulations governing online communication, but these rules should be applied consistently, irrespective of political affiliation. He questioned the clarity of the legal definition of hate speech in Ghana, suggesting that the absence of a sufficiently clear definition could create difficulties in enforcement and interpretation.
According to Dr. Tutu-Boahene, the courts should provide consistent interpretations of the law so that similar cases are treated similarly. He argued that criticism of government policies and wrongdoing should not automatically be treated as a criminal matter. Instead, criticism based on facts, figures, and rational thinking can contribute to democratic discourse.
Dr. Tutu-Boahene proposed alternatives to arrest for dealing with problematic online speech, including warnings, takedown requests, corrections, mediation, complaints mechanisms, and civil remedies. He suggested that arrest should not be the first response to online commentary unless the conduct amounts to an actual criminal offence.
Dr. Tutu-Boahene's call for the release of persons jailed for online comments is part of a broader discussion on the regulation of online communication in Ghana. The proposed national dialogue on hate speech and abusive online content aims to address these issues, but Dr. Tutu-Boahene's concerns highlight the need for a fair and consistent approach to the application of the law.
Key points
- Dr. Bernard Tutu-Boahene calls for the release of persons jailed for online comments before Ghana's proposed national hate speech dialogue.
