A Ghanaian citizen has asked the Supreme Court to strike down two laws. These laws are part of the Criminal Offences Act, 1960 (Act 29). They are also part of the Electronic Communications Act, 2008 (Act 775). The citizen argues these laws break the Constitution. They limit freedom of speech and the press. The lawsuit names the Attorney-General as the main responder.
The main target is Section 208(1) of Act 29. This law makes it a crime to publish rumours. These rumours can cause fear or break public peace. The person suing says this rule is unclear and too broad. It unfairly limits freedoms that the 1992 Constitution protects. These protected freedoms are in Articles 21(1)(a) and (b). They are also in Article 162. The lawsuit also challenges Section 208(2) of Act 29. This part makes the accused prove they checked the facts. The plaintiff says this goes against the idea that people are innocent until proven guilty. This is in Article 19(2)(c) of the Constitution.
The suit also targets Section 76(1) of Act 775. This law makes sending false or misleading electronic messages a crime. The plaintiff argues the law does not clearly define what is false or misleading. He says this section can conflict with Article 19(11) of the Constitution. The plaintiff wants the court to limit this law. It should only apply to messages known to be false. They should be sent to harm others or disrupt services. It should not apply to honest mistakes. It should not apply to opinions. Section 76(2) of Act 775 is also challenged. This part assumes a person knows a message is false if they did not check it. The plaintiff believes this violates the presumption of innocence and free speech. These are protected by Articles 19(2)(c), 21(1)(a), and 162. Ghana is also bound by international rights law. This includes the International Covenant on Civil and Political Rights.
The plaintiff is asking for many things from the Supreme Court. One key request is to declare that people cannot be prosecuted. This is for publishing statements that use their guaranteed freedoms. This applies if they are targeted under Section 208 of Act 29. He wants the court to cancel Sections 208(1) and (2) of Act 29. He also wants Sections 76(1) and (2) of Act 775 to be cancelled. These laws affect how information is shared. This can impact businesses that rely on public trust. It also affects how companies communicate with customers. The outcome could influence digital economy growth. It could also affect investor confidence. The government's ability to regulate online content is also a factor.