Free speech should not be criminalised – GJA urges

The General Secretary of the Ghana Journalists Association (GJA), Mr. Kofi Yeboah, has called for an end to criminalising free speech in Ghana. He believes this practice contradicts the 1992 Constitution.

His comments follow the jailing of a blogger for publishing false news about the dollar. In contrast, Bolga Central MP Isaac Adongo made a similar claim but faced no prosecution. This situation has reignited debate over Section 208 of the Criminal and Other Offences Act, 1960 (Act 29). This section criminalises publishing false news that could cause public fear.

On JoyNews' The Law on Sunday, Mr. Yeboah stated, “We cannot—and we should not—criminalise free speech.” He highlighted the disparity in legal consequences between the jailed blogger and the unpunished MP. “This confirms our view that law enforcement is selective,” he added.

He criticised what he sees as biased law enforcement targeting media professionals disproportionately. Mr. Yeboah argued that the 1992 Constitution strongly supports freedom of speech and expression.

He referenced Article 21(1)(a), which guarantees freedom of speech, and Article 21(1)(f), which upholds the right to information. He also mentioned Chapter 12 of the Constitution promoting media freedom and Article 163 encouraging diverse opinions in state-owned media.

“All these provisions aim to deepen democracy and promote civic engagement,” he said. “If this is truly our Constitution's goal, why silence free expression through criminal prosecution?”

Mr. Yeboah suggested addressing misinformation with civil remedies or public corrections instead of punitive measures.