Private legal practitioner Samson Lardy Anyenini has renewed strong calls for the repeal of Section 208 of the Criminal Offences Act, 1960 (Act 29). He argues this law, which criminalizes publishing false news that may cause fear and alarm, is an archaic colonial relic. Mr. Anyenini believes its continued existence undermines Ghana's democracy. It also clashes with constitutional protections for free speech under Article 21 of the 1992 Constitution. The law is increasingly used to arrest and prosecute journalists and activists. It is a tool for suppressing dissent, he stated.
Mr. Anyenini has documented at least 16 alleged instances of Section 208's misuse within the last 18 months. This marks a significant rise compared to about a dozen cases over the eight years prior to January 2025. Despite efforts to educate law enforcement on its proper use, abuse of the provision persists. Mr. Anyenini stated that education has proven ineffective. He believes repeal is the only viable remedy for this persistent culture of abuse. These numbers highlight a growing problem impacting citizens.
The lawyer pointed to a recent amended charge sheet in the case of NPP communicator Kwame Baffoe, known as Abronye. Mr. Anyenini argued that Abronye's alleged comments were insulting or defamatory but did not meet the threshold of "false news likely to cause fear and alarm." Such matters, he explained, should be handled through civil defamation lawsuits, not criminal prosecution. This distinction is crucial for fair legal processes. It ensures that individuals are not subjected to criminal charges for statements that could be addressed through civil courts.
While acknowledging concerns about misinformation and harmful speech on social media, Mr. Anyenini stressed that criminal prosecution under broad speech laws is not the answer. Civil remedies remain the proper legal route for protecting reputations and addressing false claims. He also criticized the silence of political leaders and governments on the repeated use of Section 208. This silence, he contends, emboldens law enforcement. It encourages them to continue using the law against critics and those with dissenting views. This lack of vocal opposition from high offices contributes to the problem.
The proposed Misinformation, Disinformation, Hate Speech and Publication of Other Information Bill, 2025, aims to repeal Section 208. Mr. Anyenini sees this proposed repeal as a positive step. However, he cautioned Parliament against introducing similar vague restrictions. Any future regulations must be precise and proportionate. They must align with constitutional protections and international human rights standards. Ghana needs a legal framework that targets intentional harm directly. It should avoid laws that could stifle legitimate criticism, journalism, or democratic debate. Repealing Section 208 is not about condoning irresponsible speech. It is about safeguarding constitutional freedoms and strengthening democratic governance. Mr. Anyenini firmly believes the law is beyond repair. Ghana must modernize its laws to move past these old colonial-era provisions.