Minority Leader Alexander Afenyo-Markin has called for the repeal of two provisions in Ghana’s laws that criminalise certain forms of false publication, arguing that they could be used to intimidate journalists, restrict public debate and suppress dissent.
He wants Section 208 of the Criminal Offences Act, 1960 (Act 29), and Section 76 of the Electronic Communications Act, 2008 (Act 775), removed, insisting that criminal prosecution should not be the first response to false publications, criticism or disagreements.
Speaking at the 30th Ghana Journalists Association (GJA) Media Awards at the La Palm Royal Beach Hotel in Accra on Saturday, November 7, 2026, Mr Afenyo-Markin said the provisions had no place in a democratic society where citizens and journalists must be free to express their views and hold public officials accountable.
He acknowledged that freedom of expression came with responsibilities, stressing that the Minority did not support lies, hate speech, incitement or reckless publications capable of damaging reputations, endangering lives or disturbing public peace.
“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.
However, he argued that cases involving defamation, libel and false publications could be addressed through civil legal processes, including court actions, retractions, apologies and compensation, rather than criminal prosecution.
According to him, the threat of criminal charges over political commentary, criticism or honest mistakes could create fear among journalists and ordinary citizens, discouraging them from speaking openly on issues of public interest.
Mr Afenyo-Markin also referred to former President John Agyekum Kufuor’s position on media freedom, emphasising the need for responsible expression within established rules of engagement.
He maintained that misinformation and irresponsible speech should be challenged through facts, truth, ethical journalism and public education, rather than the automatic use of criminal law.
“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 stated.
The Minority Leader further warned against the use of strategic lawsuits to silence journalists and critics, particularly where powerful individuals could exploit expensive and prolonged legal proceedings to financially weaken media organisations and intimidate individuals.
He cautioned that the justice system should not become a tool for discouraging public scrutiny or protecting influential people from criticism.
“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, alarm or a disturbance of public peace, where the publisher knows or has reason to believe the information is false.
Section 76 of the Electronic Communications Act, meanwhile, addresses the knowing transmission of false or misleading electronic communications likely to prejudice life-saving services or endanger safety.
