By Eric Appah Marfo
Accra, Nov. 8, GNA – Mr Alexander Afenyo-Markin, Minority Leader has called for the repeal of Section 208 of the Criminal Offences Act, describing its use against journalists and citizens as a threat to Ghana’s democratic freedoms.
He said the provision, commonly associated with the offence of publication of false news likely to cause fear and alarm to the public, had increasingly been used to prosecute people over their speech and publications, raising concerns about the protection of freedom of expression.
Mr Afenyo-Markin made the call at the 30th Ghana Journalists Association (GJA) Media Awards held on Saturday in Accra.
Held on the theme, “30th GJA Media Awards: Celebrating Excellence, Advancing Media Freedom and Combating Hate Speech in the Digital Age,” the ceremony seeks to recognise outstanding journalistic works and individuals whose contributions had advanced the country’s development.
He said Ghana’s democratic progress and its reputation for press freedom had been built on the ability of journalists and citizens to investigate, question, expose, criticise and publish without the threat of criminal prosecution.
The Minority Leader said that legacy should not be undermined by the growing use of criminal provisions to address public commentary and media publications.
He cited concerns raised by the Media Foundation for West Africa (MFWA), which had documented what it described as the “creeping criminalisation of speech” in Ghana, including arrests and prosecutions under Section 208 and related provisions.
Mr Afenyo-Markin said the Minority Caucus believed the provision had no place in Ghana’s democracy and that its use against citizens and journalists was inconsistent with the constitutional guarantees of freedom of speech, expression and the press.
“When every uncomfortable statement becomes a potential criminal case, the result is not a more truthful society. The result is a more fearful one,” he said.
He said the Minority was also considering seeking the repeal of Section 76 of the Electronic Communications Act, which he said had been used alongside Section 208 to criminalise online expression and expose citizens to prosecution for their views in the digital public space.
The Minority Leader noted, however, that the Minority’s position was not intended to defend irresponsible speech, falsehood, hate speech or incitement.
He said freedom of expression must be exercised responsibly and should not be used to justify publications that destroyed reputations, endangered lives or undermined public peace.
However, the Minority Leader argued that defamation, libel and false publications could be addressed through civil actions, including retractions, apologies and compensation, rather than criminal prosecution and imprisonment.
He said disagreements, criticism, satire, political commentary, and even honest mistakes should not automatically become grounds for criminal prosecution.
Mr Afenyo-Markin also cautioned against the use of strategic lawsuits against public participation to intimidate journalists, editors and citizens through expensive and prolonged legal proceedings.
He said the justice system should not become a tool for powerful individuals to bankrupt media organisations, exhaust editors or silence public criticism.
The Minority Leader said Ghana must not allow Section 208 to become a means through which criminal libel returned to the country.
He said the caucus would continue to defend the right of citizens to speak, question, criticise, publish and disagree, regardless of their political affiliation or profession.
GNA
Edited by Kenneth Odeng Adade
Reporter: Eric Appah Marfo
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