Alexander Afenyo-Markin
The Minority Leader, Alexander Afenyo-Markin, has called on the government to repeal Section 208 of the Criminal Offences Act, describing its use to prosecute citizens and journalists over their publications as a threat to freedom of expression and the nation’s democracy.
He said the provision, commonly referred to as the ‘fear and panic’ law, had increasingly become a tool for suppressing dissent and criminalising legitimate public criticism.
Speaking at the 30th Ghana Journalists Association (GJA) Media Awards in Accra, Mr. Afenyo-Markin said the Minority believed Section 208 had no place in Ghana’s democratic dispensation.
He expressed concern over the growing use of the provision to arrest and prosecute citizens and journalists for statements and publications.
“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.
The Minority Leader said the criminal prosecution of individuals over political speech, public criticism, satire, opinion and journalism was a dangerous way of regulating public expression.
“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 said.
He argued that the application of the law could create an atmosphere of fear that would extend beyond newsrooms to other sections of society, thereby discouraging citizens from expressing their views on matters of public interest.
Mr. Afenyo-Markin said the Minority might also pursue the repeal of Section 76 of the Electronic Communications Act, 2008, which he said had been used alongside Section 208 to criminalise online expression.
He explained that the two provisions had placed citizens under the threat of prosecution for statements made in the digital public space.
The Minority Leader, however, stressed that his caucus was not advocating irresponsible speech or seeking to defend falsehood, hate speech, incitement or publications that endangered lives and public peace.
He said freedom of expression must be exercised responsibly but insisted that criminal prosecution should not be the automatic response to false publications or defamatory statements.
According to him, defamation, libel and false publication could be addressed through civil actions, allowing persons whose reputations had been damaged to seek redress through the courts.
He said such remedies could include retractions, apologies and compensation rather than imprisonment.
“What should not happen is that disagreement, criticism, satire, political comment, or even an honest mistake should become the basis for criminal prosecution and imprisonment,” he stressed.
Mr. Afenyo-Markin also cautioned against the use of Strategic Lawsuits Against Public Participation (SLAPPs) to intimidate journalists and citizens.
He said wealthy and powerful individuals should not be allowed to exploit the legal system through expensive and burdensome lawsuits intended to bankrupt journalists, exhaust editors and discourage public participation.
“Justice must never become an instrument of intimidation,” he said.
The Minority Leader warned that Ghana must not allow the gains made in press freedom following the repeal of the criminal libel and sedition laws in 2001 to be undermined.
He recalled that former President John Agyekum Kufuor had made the repeal of the criminal libel laws a priority after assuming office in 2001, describing the decision as a significant step towards expanding freedom of expression.
He also cited former President Nana Addo Dankwa Akufo-Addo’s 2019 declaration that he would rather have a reckless press than a submissive one.
Mr. Afenyo-Markin said the principles underpinning those decisions remained important to the nation’s democratic development.
He warned that Section 208 could become a back door through which criminal libel returned to the country.
The Minority Leader further urged President John Dramani Mahama to consider granting a pardon to Camilla Alhassan, whom he said was in prison over social media activities.
He maintained that the right to speak, question authority, criticise government and disagree with public officials belonged to all Ghanaians, irrespective of their political affiliations.
“The Minority will continue to defend the right of every Ghanaian to speak, question, criticise, publish and disagree,” he stated.
He added that journalists were not enemies of the state but played an important role in holding public officials accountable and giving a voice to vulnerable groups.
Mr. Afenyo-Markin therefore challenged the government to demonstrate its commitment to media freedom through its actions, particularly in the cases it chose to prosecute and the protection it provided to journalists.
By Ernest Kofi Adu