Repeal sections 207,208 of Criminal Libel law - Minority to Mahama
The Minority Caucus in Parliament has urged President John Dramani Mahama to direct the Attorney-General and Minister for Justice to immediately begin the process of repealing Sections 207 and 208 of the Criminal and Other Offences Act, arguing that the provisions are being used to suppress freedom of expression.
Addressing a press conference in Parliament last Friday, Minority Leader Alexander Afenyo-Markin also called for the withdrawal of all pending prosecutions brought under the two provisions, including the proposed second prosecution of TikToker Camila Alhassan.
He further demanded the release of individuals currently serving sentences under either of the two sections and urged Parliament to expedite the passage of legislation already before the House to repeal the provisions.
“We demand a public commitment from government that no citizen will face criminal charges for speech that is merely critical, embarrassing or unwelcome to those in power.
“This is because a law that can jail a government critic today can jail a government supporter tomorrow -- the day the political fortunes of this country turn -- as they always eventually do,” he cautioned.
Mr Afenyo-Markin argued that although Ghana repealed its Criminal Libel Law 25 years ago, Sections 207 and 208 remained in force and have increasingly been used as instruments to prosecute citizens over their speech.
According to him, there is no need to reintroduce criminal libel for the state to prosecute individuals over comments made against public officials.
“Nobody needs to repeal the reforms of 2001 to bring Criminal Libel back.
All that is required is a prosecutor willing to reach for section 207 or section 208 whenever words used are unflattering and a charge sheet that speaks of 'public order' and 'breach of the peace' rather than of libel or defamation,” he said.
The Minority Leader cited the case of Camila Alhassan, who was sentenced on Thursday, July 16, to one year's imprisonment with hard labour over a TikTok video after being convicted under Section 207 for offensive conduct conducive to a breach of the peace.
He noted that the Ghana Police Service had also indicated that she would face a second prosecution under Section 76 of the Electronic Communications Act over the same incident.
“We condemn both the prosecution and the conviction. A one-year custodial sentence, with hard labour, for a social media post is not proportionate.
“It is not justice, but a warning shot fired at every Ghanaian who owns a smartphone,” Mr Afenyo-Markin said.
He maintained that Ms Alhassan's case was not an isolated one, pointing to the prosecution of Kwame Baffoe, popularly known as Abronye DC, who was charged with offensive conduct and publication of false news before being granted GH¢100,000 bail.
The Minority Leader also referred to the arrests of Alhassan Abdul Rahaman and Alfred Ababio Kumi, who, he said, were picked up from their homes during pre-dawn operations, describing the incidents as part of a growing pattern that threatens freedom of expression.
“This is not a series of unconnected incidents; it is a pattern,” he stated.
Mr Afenyo-Markin recalled that in 2001, under President John Agyekum Kufuor, with Nana Addo Dankwa Akufo-Addo serving as Attorney-General, Ghana repealed its Criminal and Seditious Libel laws.
He said the decision made Ghana the first African country to completely abolish insult laws and earned international recognition from organisations promoting press freedom.
Describing the repeal as one of the landmark achievements of the Kufuor administration and the New Patriotic Party (NPP), he argued that the work remained incomplete because Sections 207 and 208 were left intact.
“Twenty-five years after 2001, it is time to finish the job. We are not asking government to invent something new.
“We are asking government to take the next step on a road this country has already chosen to walk,” he said.
The Minority Leader stressed that the caucus was not defending the publication of falsehoods or abusive statements but believed criminal sanctions should not be used to punish speech.