Afenyo-Markin Calls for Repeal of Two Laws Over Free Speech Concerns

Minority Leader Alexander Afenyo-Markin has asked for two legal provisions to be scrapped, saying they are being used to turn free speech into a crime and to silence dissent in Ghana.

He named Section 208 of the Criminal Offences Act, 1960 (Act 29), and Section 76 of the Electronic Communications Act, 2008 (Act 775), as the laws he wants repealed.

Mr Afenyo-Markin made the call on Saturday, November 7, 2026, at the 30th Ghana Journalists Association (GJA) Media Awards, held at the La Palm Royal Beach Hotel in Accra, as first reported by Citi News.

He told the gathering that the two provisions did not belong in a democratic Ghana. In his view, neither journalists nor ordinary citizens should be prosecuted as criminals for sharing opinions, criticising people in public office or putting information into the public domain.

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Responsible speech

The Minority Leader accepted that free expression comes with responsibilities. However, he argued that prosecution should not be the automatic reaction to false reports, criticism or disputes.

"Freedom of expression is not a licence for irresponsibility," he said, adding that the Minority was not seeking to defend lies, hate speech, incitement or reckless publications.

He said matters such as defamation, libel and false publications could instead be dealt with through civil processes. These, he said, could include court cases, retractions, apologies and the payment of compensation.

Mr Afenyo-Markin warned that relying on criminal law to punish political commentary, disagreement, criticism or genuine errors could make people afraid to speak openly.

He also referred to the stance of former President John Agyekum Kufuor on media freedom, noting that free expression should be exercised responsibly and within agreed rules of engagement.

Answering misinformation

According to the Minority Leader, the response to misinformation and careless speech should focus on facts, truth, ethical journalism and educating the public, with civil remedies applied when needed.

"The answer to bad speech must not always be the criminal law," he said.

He further raised concerns about strategic lawsuits designed to intimidate the press and the public. He said wealthy and influential people should not be allowed to file costly and draining legal actions to silence their critics.

"Justice must never become an instrument of intimidation," he added.

What the laws say

Section 208 of the Criminal Offences Act makes it an offence to publish or reproduce false statements, rumours or reports that are likely to cause fear and alarm or disturb public peace, where the person knows or has reason to believe the information is untrue.

Section 76 of the Electronic Communications Act deals with knowingly sending false or misleading electronic communications that are likely to prejudice life-saving services or put safety at risk.