Ghana’s Legal Arsenal Against Misinformation Requires Urgent Overhaul, Study Finds
Accra, Ghana – A recent study has revealed critical gaps in Ghana’s legal framework for combating the rising tide of misinformation and disinformation, calling for urgent reforms to address the evolving nature of online falsehoods. The research, conducted by Penplusbyte, a non-profit organization, and supported by the Open Government Partnership (OGP), examined key legal frameworks, including the Criminal Offences Act (1960), the 1992 Constitution, the Electronic Communications Act (2008), the Cybersecurity Act (2020), and the Right to Information Act (RTI) (2019). The findings, presented at a Multistakeholder Conference on Fighting Misinformation and Disinformation in Ghana, highlight the inadequacy of existing laws in tackling the nuanced challenges posed by modern misinformation, particularly in the digital age.
Professor Abena Yeboah-Banin, the lead researcher, emphasized the obsolescence of many laws in the face of rapid technological advancements. The Criminal Offences Act, for instance, predates the internet and social media—the primary conduits for misinformation today. She argued that repurposing these laws to address contemporary challenges renders them ineffective. The proliferation of artificial intelligence (AI) and its potential to generate and disseminate false information further underscores the need for a legal framework specifically designed for the digital era. The study questions the suitability of current laws in effectively addressing the complexities of online misinformation and disinformation, including the role of AI.
The study also raised concerns about the ambiguity of legal terms like "fear and panic," which have been used to stifle dissenting voices and restrict freedom of speech. Professor Yeboah-Banin advocated for greater clarity in these definitions to prevent their misuse. To ensure impartial assessment of alleged mis/disinformation cases, she recommended establishing a non-partisan ombudsman, providing an additional layer of scrutiny before legal proceedings. Recognizing the transnational nature of misinformation, she urged the Ghanaian government to collaborate with the African Union to develop a harmonized regional legal framework that can hold tech and social media giants accountable for their role in the spread of false information.
Madam Lydia Lamisi Akanvariba, Minister of State for Public Sector Reforms, reaffirmed the government’s commitment to combating mis/disinformation, highlighting efforts to enhance transparency and accountability. She cited initiatives such as publishing budget and expenditure data online and strengthening institutions like the Commission on Human Rights and Administrative Justice (CHRAJ) and the Economic and Organised Crime Office (EOCO). These measures, she argued, demonstrate the government’s dedication to fostering an informed citizenry and upholding the right to information. However, the study’s findings suggest that these efforts need to be complemented by a robust and updated legal framework that specifically addresses the unique challenges presented by online misinformation.
Penplusbyte, echoing the study’s findings, called for a comprehensive review of existing laws. The organization emphasized the importance of improved implementation of the Right to Information Act (RTI), Act 2019. Ensuring timely access to information, they argue, is crucial for empowering citizens to critically evaluate information and resist manipulation. Mr. Jerry Sam, Executive Director of Penplusbyte, stressed the need for media and digital literacy programs to complement fact-checking initiatives, empowering individuals to identify and discern misinformation. This two-pronged approach – strengthening both institutional transparency and individual media literacy – is vital for building resilience against the harmful effects of online falsehoods.
The debate surrounding the appropriate legal response to misinformation also extends to the nature of penalties. While some advocate for criminal sanctions, others, like Mr. Sam, favor civil penalties to safeguard individual rights and prevent the chilling effect of criminal prosecution on free speech. This nuanced discussion raises important questions about balancing the need to combat misinformation with the fundamental right to freedom of expression. The findings of the Penplusbyte study and the subsequent multistakeholder conference highlight the urgent need for a comprehensive and nuanced approach to tackling misinformation, one that addresses the legal gaps, strengthens institutions, and empowers citizens with the necessary skills and knowledge to navigate the complex information landscape of the digital age. It remains to be seen how the government will respond to these calls for reform and what concrete steps will be taken to address the challenges highlighted in the study.