By Ashiadey Dotse
Minority Leader Alexander Kwamena Afenyo-Markin has called for the repeal of Section 208 of the Criminal Offences Act, arguing that its use to prosecute people over their comments and publications threatens freedom of expression in Ghana.
He said the provision, which deals with the publication of false news likely to cause fear and panic, had increasingly become a tool for targeting journalists and citizens who express opinions or criticise public officials.
Speaking at the 30th Ghana Journalists Association (GJA) Media Awards in Accra on Saturday, November 7, 2026, Mr. Afenyo-Markin said the Minority Caucus believed the law had no place in a democratic society.
“Our caucus takes the view that Section 208 has no place in Ghana’s democracy. Its use to prosecute citizens and journalists for what they say or publish is fundamentally at odds with the freedoms of speech and of the press that our Constitution guarantees,” he said.
He warned that criminal prosecution over political comments, public criticism, satire and journalism could create fear among citizens and discourage open discussions on matters of national interest.
“When every uncomfortable statement becomes a potential criminal case, the result is not a more truthful society. The result is a more fearful one,” he stated.
The Minority Leader also raised concerns about Section 76 of the Electronic Communications Act, 2008, arguing that its application could threaten freedom of expression on digital platforms.
He indicated that the Minority could push for the repeal of the provision, which he said placed people at risk of prosecution for their comments on digital platforms.
Mr. Afenyo-Markin, however, stressed that his caucus was not advocating irresponsible journalism or defending hate speech, incitement and false publications.
He said people whose reputations were damaged by false information could seek redress through civil actions rather than criminal prosecution.
“Defamation, libel and false publications are civil matters. They can be addressed through civil actions. A person whose reputation is injured may seek redress through the courts,” he said.
He added that criticism, political commentary, satire and honest mistakes should not lead to imprisonment.
The Minority Leader further cautioned against the use of lawsuits by powerful individuals to intimidate journalists and media organisations.
He said the justice system must not be used to bankrupt journalists, exhaust editors or silence citizens who raise concerns about public officials.
Addressing journalists at the ceremony, Mr Afenyo-Markin described them as important defenders of Ghana’s democracy, saying their work helped expose corruption, abuse of power and failures in public institutions.
“Journalists, you are not enemies of Ghana. You are among its guardians. You are the eyes of the citizens when power seeks to operate in darkness,” he said.
He urged the government to demonstrate its commitment to press freedom through its actions, particularly in decisions to prosecute journalists and in measures to protect media practitioners.
“A government that says it supports press freedom must show it in its conduct. It must show it in the cases it chooses to prosecute and in the protection it gives to journalists,” he added.
Mr. Afenyo-Markin also appealed to President John Dramani Mahama to consider granting a pardon to Camila Alhassan, whom he said was serving a jail term over social media activities.
He warned that Ghana must not allow the prosecution of speech to become normalised, insisting that the right to express opinions and criticise public officials must be protected regardless of political affiliation.
“The Minority will continue to defend the rights of every Ghanaian to speak, question, criticise and disagree,” he said.
The 30th GJA Media Awards brought together journalists, media owners, public officials and other stakeholders to celebrate excellence in journalism and discuss issues affecting the media industry.
