Executive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah, has warned that Ghana risks reintroducing the repealed criminal libel law "through the back doo
The report indicates that executive Director of the Media Foundation for West Africa (MFWA), Sulemana Braimah, has warned that Ghana risks reintroducing the repealed criminal libel law “through the back door” if the police continue arresting people over alleged false publications instead of allowing civil legal processes to take their course.
It further notes that speaking on Joy FM’s Super Morning Show on Monday, July 20, during a discussion on press freedom following the one-year jail sentence handed to a TikToker for publishing false information, Mr Braimah stated recent police actions resemble the criminal libel regime that Ghana abolished more than two decades ago.
He recalled the arrest of broadcaster Kwabena Bobie Ansah after he allegedly made false claims about former First Lady Rebecca Akufo-Addo.
“I remember when the police arrested Kwabena Bobie Ansah, and the claim was that he had put out information about the former First Lady, Mrs Rebecca Akufo-Addo, that some state lands had been acquired for a foundation and so on, and it was stated to be false information,” he said.
Mr Braimah stated the Media Foundation for West Africa opposed the arrest because there were established legal avenues for anyone who believed they had been defamed.
“Our position was that if the First Lady felt defamed, she had a choice to either go to the National Media Commission, or demand a retraction and apology, or do a rejoinder, or go to court and sue for defamation,” he explained.
“But for the police to storm a radio station, pick up a presenter on the basis that he had put out information that was false, was clearly untenable.”
According to him, such actions undermine the very purpose of repealing Ghana’s criminal libel law.
“Then really, what is the difference between not having the criminal libel law and having the criminal libel law?” he asked.
He explained that under the former criminal libel regime, cases involving allegedly defamatory statements became criminal matters prosecuted by the state rather than civil disputes between individuals.
“The essence of the criminal libel law would be that if you say something or you defame a minister, it becomes the Republic versus you instead of the minister versus you,” he said.
“We thought, why should we have a law that criminalises expression? And so we took it out.”
Mr Braimah stated that the recent trend of police pursuing people over statements made in the media suggests Ghana is gradually returning to the same approach.
“If this continues, then we are back to criminal libel law through the back door. And I don’t think that is what we intended when we were repealing the criminal libel law,” he said.
