The announcement by the Minister for Communications, Digital Technology and Innovation, Hon. Samuel Nartey George, regarding plans to introduce specialized legislation targeting misinformation and disinformation in Ghana, has been met with approval by key stakeholders. Penplusbytes, a not-for-profit organization dedicated to driving change through innovation, has welcomed the initiative, calling for urgent action while emphasizing the need for democratic safeguards.
In collaboration with the Open Government Partnership (OGP), Penplusbytes recently organized a Multi-Stakeholder Conference on fighting misinformation and disinformation in Ghana under the theme: “Navigating the Balance: Laws, Disinformation, and Free Speech.”
While acknowledging the critical need to combat the spread of false information, Penplusbytes has cautioned that any legislative effort must be grounded in democratic values, uphold constitutional freedoms, and involve broad stakeholder consultation.
Key Recommendations for a Democratic and Effective Legal Framework
Penplusbytes has proposed the following actionable reforms to inform and guide the legislative process:
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Clarify Legal Definitions: Clearly define ambiguous terms such as ‘fear and panic’ or ‘false reports’ and provide proportional legal remedies to protect freedom of expression.
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Independent Oversight: Establish a non-partisan, independent ombudsman to assess alleged misinformation cases before they proceed to prosecution.
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Legal Reforms: Amend existing laws to align with Ghana’s 1992 Constitution and international standards on freedom of expression.
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Platform Accountability: Develop regionally harmonized frameworks, particularly through the African Union, to improve transparency in content moderation and hold digital platforms accountable.
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Access to Information: Strengthen the implementation of the Right to Information Act to ensure timely and proactive disclosures that prevent the spread of misinformation at its source.
During the conference, Hon. Lydia Lamisi Akanvariba, Minister of State for Public Sector Reforms, highlighted the importance of transparency in governance. She noted that publishing budget and expenditure data online has empowered citizens and civil society with unprecedented access to vital information.
“Strengthening institutions like the Commission on Human Rights and Administrative Justice (CHRAJ) and the Economic and Organized Crime Office (EOCO) is essential in our fight against corruption,” she stated.
Commending the efforts of Penplusbytes and its partners, including the OGP, Hon. Akanvariba said: “Their assessment of Ghana’s legal framework for combating misinformation and disinformation while safeguarding free speech is highly commendable.”
As Chairperson of the National Steering Committee, she pledged her full support for the implementation of the recommendations, emphasizing the importance of collaborative efforts in promoting a well-informed society.
In an interview with Ghana News Online, Prof. Abena Yeboah-Banin, the lead researcher on the project, explained that the study was conducted in partnership with Penplusbytes to understand the current legal landscape in Ghana and how equipped it is to address the challenges of misinformation and disinformation.
“We reviewed provisions in the Criminal Offenses Act, the Constitution, the Electronic Communications Act, the Cybersecurity Law, and the Right to Information Law, as these contain clauses relevant to the information ecosystem,” she said.
Prof. Yeboah-Banin also advocated for the establishment of an independent ombudsman to act as a mediator in misinformation cases, cautioning against the weaponization of laws to silence dissenting voices.
By Madjid Diallo || Ghana News Online