TikToker's conviction: 'Offensive speech should not attract imprisonment in a democracy — Kwaku Azar

Ghanaian legal scholar and social commentator, Professor Stephen Kwaku Asare

Ghanaian legal scholar and social commentator, Professor Stephen Kwaku Asare, popularly known as Kwaku Azar, has criticised the one-year prison sentence handed to TikToker Camilla Alhassan,

An Accra Circuit Court sentenced Camilla Alhassan to one year in prison on Thursday, July 16, after she pleaded guilty to offensive conduct and the publication of false news.

The conviction stemmed from videos in which she falsely claimed, without evidence, that President John Dramani Mahama buried 32 cows as part of rituals to secure victory in the 2024 general election.

In a social media post on Thursday, Prof. Asare acknowledged that the TikToker's comments were offensive but argued that imprisoning people for such speech undermines constitutional democracy.

"The conviction and one-year sentence imposed on a TikToker for insulting the President should concern everyone committed to constitutional democracy...

"The real question, however, is whether speech of this nature should attract criminal prosecution in a constitutional democracy. GOGO believes it should not," he wrote.

The legal scholar argued that democratic societies should respond to offensive speech with public criticism and social accountability rather than criminal sanctions.

He said public officials, particularly the President, should be prepared to face criticism, ridicule and even offensive remarks as part of public life.

The legal scholar stressed that the criminal justice system should not be used to protect wounded egos.

Prof. Asare also blamed the deterioration of public discourse on political parties, sections of the media, social media platforms and other institutions, saying they have contributed to normalising abusive conduct for political and commercial gain.

"The State should punish crime. Society should punish incivility. Political parties should refuse to reward it. The Constitution should protect the freedom to speak, even when society condemns what is said," he stated.

He further called on Parliament to review and repeal what he described as colonial-era laws that criminalise expression, urging law enforcement agencies to focus on offences such as corruption, violent crime, organised crime, fraud and cybercrime instead of policing offensive speech.