{"id":57876,"date":"2022-09-22T14:52:38","date_gmt":"2022-09-22T14:52:38","guid":{"rendered":"https:\/\/www.africannewspaper.net\/2022\/09\/22\/the-two-laws-surviving-the-repealed-criminal-libel-law-in-ghana\/"},"modified":"2022-09-22T14:53:01","modified_gmt":"2022-09-22T14:53:01","slug":"the-two-laws-surviving-the-repealed-criminal-libel-law-in-ghana","status":"publish","type":"post","link":"https:\/\/www.africannewspaper.net\/2022\/09\/22\/the-two-laws-surviving-the-repealed-criminal-libel-law-in-ghana\/","title":{"rendered":"The two laws surviving the repealed criminal libel law in Ghana"},"content":{"rendered":"\n
Ghana’s criminal libel law and seditious laws were abolished on July 27 2001. The country\u2019s Parliament unanimously voted to change the Criminal Code (Repeal of the Criminal and Seditious Laws \u2013 Amendment Bill) Act 2001) \u2013 a law by which many journalists had previously been jailed for doing their job.<\/p>\n
As Ghana had just chartered the path of multi-party democracy, walking away from an oppressive lineage of military dictatorships, the repeal was a watershed that further flaunted the country\u2019s democratic intentions before the world.<\/p>\n
In the years that followed, Ghana\u2019s press culture flourished and the country soon became a yardstick by which democracy and press freedom was measured in much of Africa. \u00a0But 21 years down the line, journalists are being arrested and thrown into jail for doing their job \u2013 the very things that the libel and seditious laws were repealed to prevent. It is d\u00e9j\u00e0 vu turned upside down on its head. What is the matter?<\/p>\n
How did Ghana transform from being the African heartland of press freedom to become an iron republic that supports its journalists?<\/p>\n
Many blame politics.\u00a0 Apparently, it is by dint of it being a vicious \u2018game of thrones\u2019 that many of the journalists that have been arrested by the current regime are perceived to be those aligned with the main opposition party.<\/p>\n
Still, Ghana is a democracy and in democracies, things like the arrest of journalists who criticize government must be permitted by law \u2013 enter, Section 208 of the CRIMINAL AND OFFENCES ACT 1960, ACT 29,\u00a0 and \u00a0\u00a0Electronic Communications Act (Act 775) .<\/p>\n
Two ugly sisters<\/strong><\/p>\n These two laws provide government rather interesting justification to arrest journalists and critical voices for criminal prosecution even though the criminal libel law ceased to exist 21 years ago \u2013 false news. They are like the two ugly sister of the criminal libel laws who never left her.<\/p>\n Section 208 of the CRIMINAL AND OFFENCES ACT 1960, ACT 29 Reads: \u201c(1) A person who publishes or reproduces a statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace knowing or having reason to believe that the statement, rumour or report is false commits a misdemeanour.\u201d<\/p>\n And per the law, ignorance of the falsity of news that is published is no defence \u2013 the publisher is guilty of a misdemeanour and can be jailed for 3 years.<\/p>\n For the\u00a0Electronic Communications Act (Act 775) the relevant part is section 76:<\/p>\n \u00a0\u201c(1) A person who by means of electronic communications service, knowingly sends a communication which is false or misleading and likely to prejudice the efficiency of life-saving service or to endanger the safety of any person, ship, aircraft, vessel or vehicle commits an offence and is liable on summary conviction to a fine of not more than three thousand penalty units or to a term of imprisonment of not more than five years or both.<\/p>\n These laws have led to the arrest of a number journalists.<\/p>\n Arrests<\/strong><\/p>\n On 27Th<\/sup>\u00a0July, 2019, National Security operatives stormed the office of ModernGhanaonline.com, an online news portal, and arrested deputy editor,\u00a0<\/strong>Emmanuel Ajarfor Abugri and Emmanuel Yeboah Britwum, were both reporters. They are accused of publishing false information about Albert Kan Dapaah (National Security Minister)<\/p>\n Noah Dameh was arrested by the Police in Ada on May 20, 2022 for false publication charges.<\/p>\n