A Coalition of media organisations in the country has called on President Akufo-Addo to repeal sections of the Electronic Communications Act, 2008 (Act 775) and the Criminal and Other Offences Act, 1960 (Act 29) which have over the years been used to criminalise free speech.
The Coalition want the Akufo-Addo government to particularly repeal Section 76 of Act 775 and Section 208 of Act 29.
The group said it is concerned about the use of the aforementioned provisions to arrest citizens and journalists, and press charges against them when the statements so made by the Journalists are considered as defamation and, therefore, warrant civil remedies instead of criminal charges.
“We recognise that the media and journalists can sometimes be reckless and unprofessional to the extent of publishing false and defamatory stories. Fortunately, the laws of the country provide aggrieved entities remedies for civil actions against citizens, journalist and media organisations.
“It is regrettable, therefore, that repressive actions of the Electronic Communications Act and the Criminal and Other Offences Act are being weapon sided to muscle free speech under the Akufo-Addo regime… Repeal these two laws “.
They made the comments at a press conference in Accra yesterday. The Coalition is made up of the Ghana Journalist Association (GJA), the Media Foundation for West Africa (MFWA), the Ghana Independent Broadcasters Association (GIBA) and the Private Newspapers Association of Ghana (PRINPAG).
Section 76 (1) of the said Act 775 states that: “A person who by means of Electronic Communications Service, knowingly sends 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.”
Section 208(1) of Act 29 also states that” Any person who publishes or reproduces any 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 is guilty of a misdemeanour.
Reading a speech on behalf of the Coalition, President of the GJA, Mr Albert Kwabena Dwumfour observed that the application of the two provisions is similar to the way in which the Criminal Libel Act was used to oppress people in the 1990s.
“…During the hey days of the Criminal Libel law in the 1990s, the Criminal law was used precisely in the way it is now being used to prosecute and punish journalist and public speakers for allegedly making false or defamatory statement against certain family members or associates of the president.”
He said Journalists and public speakers have been held criminally culpable, based on the two provisions.
He made mention of Mr Kwabena Bobie Ansah, a news presenter with Accra FM, who was held criminally culpable on February 10, 2022 for allegedly publishing false news about the First Lady, Madam Rebecca Akufo-Addo.
He said the recent one which actually was the basis for the press conference was the detention of a Radio Ada Journalist, Mr Noah Dameh, over a Facebook post involving businessman and CEO of McDan Group of Companies, Mr Daniel Mckorley.
The GJA President noted that interestingly, these were the very acts that the current President spoke against in the 2000s when he was the Attorney General and Minister for Justice and hence took steps to repeal the Criminal Libel Act.
Mr Dwumfour said that currently some prominent media personalities, including Prof Kwame Karikari and the Deputy Minister of Information, Madam Fatimatu Abubakar have all spoken about the issue, but yet the government has turned a deaf ear, hence their call.
A reminder to President Akufo-Addo
On his part, the Executive Secretary of the Media Foundation for West Africa, Mr Sulemana Braimah, said maybe the President has forgotten his view on criminalising free speech back then, because he is currently overwhelmed with a lot of work and has, therefore, not had time to reflect.
Hence, the Coalition is using the presser to remind the President of his stance on criminalising free speech, since the country is operating the same constitution that the President used to repeal the Criminal Libel law, Mr Braimah said.
“Our job is basically to remind him that, Mr President, these were your views, we are still operating the same constitution, we are still talking about the same laws and these positions that you upheld are basically what we are saying we are in support. You know we support you and we want you to take action in line with your convictions at that time,” he indicated.
We will whip our people in line
The General Secretary of the GJA, Mr Kofi Yeboah, noted yesterday that the Coalition is not oblivious of the mistakes that its members also commit, so while it expects the President to act, it will also take steps to ensure that members abide by the GJA code of ethics and undertake responsible journalism which is devoid of false publications and sensationalism.
He said the GJA is taking steps to reconstitute the Ethics Committee that will call recalcitrant journalist to order.
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