By Edward Acquah
Accra, May 03, GNA – A wrong or false publication about somebody that affects that person’s rights and reputation must be addressed in civil Court and not to be criminalised, Justice Dennis Dominic Adjei, a Justice at the Court of Appeal, has said.
He argued that defamation should remain a civil wrong, adding that the involvement of the State to seek for imprisonment “is an attempt to curtail freedom of expression and should be avoided.”
Delivering a lecture at the commemoration of the 2023 World Press Freedom Day in Accra on Wednesday, Justice Adjei described Section 208 of the Criminal And Other Offences Act, 1960, (ACT 29) and section 76 of the Electronic Communications Act (Act 775) as the “two ugly sisters of the criminal libel (law) which needs to be addressed.”
“The repeal of the criminal libel laws in Ghana by the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602), including negligent and intentional libel was an improvement in the freedom of expression space to leave defamation to be determined by the courts instead of using imprisonment as threats to freedom of expression,” Justice Adjei said.
Justice Adjei said one of the main aims of placing restrictions on freedom of expression was to safeguard territorial integrity, public safety and national security.
He said any expression that seeks to propagate the idea of war or advocate for national, racial, tribal or religious hatred were forbidden as they created anarchy and lawlessness and might affect national development.
Justice Adjei said journalists must acknowledge the fact that they worked to promote freedom, justice and peace and thus, should not undertake any activity that would destabilise the country.
The World Press Freedom Day is marked every May 3 to educate the public on the role of the media in democratic governance and to reflect on issues of press freedom and professional ethics.
The commemoration in Accra, which marked the 30th anniversary edition, was on the theme: “‘Freedom of Expression: A driver for all human rights for Ghana’s development”
Mrs Gifty Affenyi-Dadzie, the longest-serving female President of the Ghana Journalists Association (GJA), said the “excessive” politicisation of the media was a threat to the country’s democracy.
She said the phenomenon “leads to a downplay of the media’s demand for accountability from all the political actors.”
Mr Albert Kwabena Dwumfour, President, GJA, expressed worry about the country dropping two places on the 2023 World Press Freedom Index – from 60 to 62.
He said the GJA had initiated processes to engage the Attorney General to repeal the Electronic Communications Act and the Criminal Code, specifically Section 208 of the Criminal and Other Offences Act of 1960 (Act 29).
“We are not suggesting that journalists are beyond reproach or that we are flawless…there are civil remedies available to those who believe they have been treated unjustly by the media, and they can always utilize them,” he said.
Mr Yaw Boadu-Ayeboafo, Chairman, National Media Commission, urged journalists to find “better ways” of verifying stories and desist from activities that infringed on the rights of others.
“A person’s refusal to speak to the media on an issue is not an admission of guilt,” he said.
GNA
SOF
03 May 2023
Caption: Pictures attached