GJA Awards: Afenyo-Markin calls for repeal of laws criminalising false publications

Minority Leader Alexander Afenyo-Markin has called for the repeal of Section 208 of the Criminal Offences Act, 1960 (Act 29), and Section 76 of the Electronic Communications Act, 2008 (Act 775), arguing that the provisions are being used to restrict free expression and silence dissenting voices.

Speaking at the 30th anniversary of the Ghana Journalists Association (GJA) Media Awards at the La Palm Royal Beach Hotel in Accra on Saturday, November 7, 2026, Mr Afenyo-Markin maintained that the laws were incompatible with Ghana's democratic principles.

He argued that journalists and citizens should not face criminal prosecution for expressing their views, criticising public officials or publishing information, while acknowledging that freedom of expression must be exercised responsibly.

He stressed that the Minority was not advocating irresponsible speech, falsehoods, hate speech or publications capable of endangering lives and 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.

Mr Afenyo-Markin argued that cases involving defamation, libel and false publications could be resolved through civil proceedings, including court actions, retractions, apologies and the payment of compensation.

He warned that resorting to criminal prosecution over disagreements, political commentary, criticism and honest mistakes could create fear among journalists and discourage citizens from freely expressing their views.

He also referenced former President John Agyekum Kufuor's position on media freedom, noting that the right to freedom of expression must be exercised responsibly and within established rules of engagement.

According to him, efforts to address misinformation and irresponsible publications should focus on promoting truth, factual reporting, ethical journalism and public education, with civil remedies applied where appropriate.

“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 said.

The Minority Leader further warned against the use of strategic lawsuits to intimidate journalists and other citizens, cautioning that influential individuals should not exploit costly and prolonged legal proceedings to suppress 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 and alarm or disturb 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.