Use civil law, not arrests, to address free speech excesses – Afenyo-Markin

The Minority Leader in Parliament, Osahen Alexander Afenyo-Markin, has criticised the use of the criminal justice system to deal with what he describes as “excesses in free speech”.

He said citizens who feel defamed or affected by comments or publications should be allowed to seek redress through civil law rather than having state institutions used to suppress free expression.

Afenyo-Markin argued that arresting people over statements they make could undermine public confidence in Ghana’s democracy and create fear among citizens who may want to criticise those in authority.

“The Minority is not here to endorse excesses in free speech, but we are equally not going to say that the state should weaponise certain institutions to attack free speech.”

He made the remarks when he led a parliamentary delegation of the Minority Caucus to the Christian Council of Ghana on Tuesday, October 6, to discuss national issues.

The Minority Leader cited the repeal of Ghana’s criminal libel law under former President John Agyekum Kufuor as an important step towards protecting freedom of expression.

He said the repeal sent a clear message that people who felt affected by the utterances or publications of others could seek justice through civil procedures.

“But to now be arresting people for excesses in free speech, I think that it reduces the confidence people have in our democracy and creates fear if we disagree," said the lawmaker.