Ghana’s law on false publication ‘problematic’ — Sulemana Braimah

The Executive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah, has expressed concern over the application of Ghana’s laws that criminalise false publication.

Ghana’s laws on false publication stem from Section 208 of the Criminal and Other Offences Act (Act 29) and Section 76 of the Electronic Communications Act (Act 775).

Section 208 criminalises publishing false news with the intent to cause fear and alarm to the public, while Section 76 addresses knowingly sending false or misleading communications that could endanger people or life-saving services, with penalties including fines and imprisonment.

The law has been used against several journalists and activists in recent times, the latest being Democracy Hub member Wendell Nana Yaw Yeboah, who faces allegations of making false claims against three regional ministers.

Reacting to this at a Media-Security Dialogue organized by MFWA in Accra on Thursday, November 27, Braimah described the law’s application as problematic, noting that cases of false publication should instead fall under possible defamation.

“This is becoming a little bit problematic. If somebody says something about me and it is not true, I have the choice to go to see you, to demand retraction and apology, to demand a rejoinder, and as I said, I can go to court and see for defamation,” he said.

The dialogue was part of a three-year MFWA initiative on “Countering corruption through accountability journalism and an improved freedom of expression environment in Ghana.”

It brings together security agencies, media stakeholders, academics, civil society actors, and government representatives in Tamale, Kumasi, and Accra to strengthen collaboration and foster trust between journalists and law enforcement.

Speaking at the event, the Director-General of the Public Affairs Directorate of the Ghana Police Service, DCOP Grace Ansah-Akrofi, assured that the Police remain committed to strengthening their relationship with the media.

“Our relationship with the media dates back years. The media has been a very critical stakeholder in all our operations. We have worked closely. We’ve made a lot of gains, but of course, our relationship hasn’t been without challenges,” DCOP Ansah-Akrofi said.