Penplusbytes welcomes the announcement by the Minister for Communication, Digital Technology and Innovation, Hon. Samuel Nartey George, on plans to introduce specialized legislation targeting misinformation and disinformation in Ghana. While recognizing the urgent need to address these challenges, Penplusbytes cautions that such legislation must be anchored in democratic principles, uphold constitutional freedoms, and be the product of broad stakeholder engagement.
This response builds on Penplusbytes’ March 2025 report, Review of Ghana’s Legal Framework for Addressing Misinformation and Disinformation, which critically analyses existing laws such as the Criminal Offences Act (1960), Electronic Communications Act (2008), Cybersecurity Act (2020), and the Right to Information Act (2019). The report identifies significant gaps—chiefly vague legal definitions, outdated provisions, and misuse against journalists and activists.
Key Recommendations for a Democratic and Effective Legal Framework
Penplusbytes proposes the following actionable reforms to guide the legislative process:
- Clarify Legal Definitions: Establish clear interpretations for ambiguous terms like “fear and panic” or “false reports”, alongside proportional legal remedies to safeguard freedom of expression.
- Independent Oversight: Create a non-partisan, independent ombudsman to assess alleged misinformation cases before they escalate to prosecution.
- Legal Reforms: Amend existing laws to reflect Ghana’s 1992 Constitution and international standards on freedom of expression.
- Platform Accountability: Pursue regionally harmonized frameworks under the African Union to enhance content moderation transparency and hold digital platforms accountable.
- Access to Information: Bolster implementation of the Right to Information Act to ensure timely, proactive disclosures that limit misinformation at its source.
National Dialogue: Multi-Stakeholder Conference – April 11, 2025
As part of its commitment to inclusive reform, Penplusbytes, with support from the Open Government Partnership (OGP), is convening a national Multi-Stakeholder Conference on Combating Misinformation and Disinformation on April 11, 2025, in Accra. The event will bring together government, civil society, academia, media, security services, legal professionals, and tech industry representatives to:
- Deepen understanding of Ghana’s existing legal framework.
- Identify actionable reforms and next steps.
- Foster cross-sector collaboration for coordinated policy development.
A Call to Action
Penplusbytes urges Ghanaians and all stakeholders to view this moment as an opportunity—not just for regulation but for shaping a forward-looking, democratic digital ecosystem that safeguards both truth and liberty.
About Penplusbytes
Penplusbytes is a not-for-profit organization driving change through innovations in the following key areas: using new digital technologies to enable good governance and accountability, new media and innovations, climate and well-being, and enhancing oversight for effective utilisation of mining, oil and gas revenue and resources.