Ghana currently operates without a specific law defining defamation, exposing journalists to strategic lawsuits aimed at intimidation. Zakaria Tanko Musah, a lawyer and lecturer at the University of Media, Arts and Communication (UniMAC), highlighted this critical legal gap. He noted that Ghana's defamation framework relies on common law, not a clear statute.
This reliance on common law creates significant legal uncertainty. Powerful individuals are exploiting this ambiguity to file Strategic Lawsuits Against Public Participation (SLAPPs) against journalists. These lawsuits often seek to burden reporters with expensive legal fights rather than achieve justice. This practice undermines press freedom and discourages investigative journalism.
The situation fits into a broader concern about media freedom in Ghana and its impact on public discourse. An environment where journalists fear legal repercussions can hinder transparency. It can also limit accountability for public officials and institutions. This lack of clear legal parameters contrasts with modern democratic practices worldwide.
Mr. Musah explained on JoyNews that under common law, defamation occurs when a false statement makes someone look bad to a reasonable person. He states: "We don't have a law that defines what defamation is. It's a common law thing where judges have defined it." This allows for varied interpretations and makes it harder for journalists to predict legal outcomes.
Dominic Hlordze, General Secretary of the Ghana Journalists Association (GJA), echoed these concerns. He says the financial imbalance between journalists and influential litigants turns courts into tools for suppressing critical reporting. Mr. Hlordze urged aggrieved parties to use their right of rejoinder first. This involves submitting a response to a publication, which media outlets are obligated to publish. He cited a past instance where a former Attorney General used a rejoinder to Graphic newspaper instead of litigation. This shows a more constructive path for resolving disputes.
The Ghana Journalists Association believes strict adherence to its Code of Ethics could significantly reduce journalists' legal exposure. Research by the GJA found nearly 40 percent of the Code of Ethics overlaps with existing laws. Journalists who comply with the code are less likely to face legal challenges. This suggests that strong ethical standards can provide a degree of protection.
Moving forward, stakeholders will watch for any legislative efforts to codify defamation law. A clearer statutory framework could provide better protection for journalists. It would also offer a more predictable legal environment for all parties. Such a move would strengthen Ghana's democratic institutions and protect media integrity.