You can defame someone and still be right about it – Lawyer Brako-Powers asserts

Austin Kwabena Brako-Powers, a private legal practitioner and policy analyst, has clarified that it is possible to make a defamatory statement while still being correct. According to him, the truth or justification serves as a recognized defense against defamation claims. This means that even if a statement harms someone's reputation, it doesn't automatically make the publication unlawful.

Speaking on a Facebook post on August 26, 2026, Mr Brako-Powers emphasized that a defamatory allegation can still be legally defensible if it is substantially true. He explained that defamation is about more than just the damage to someone's reputation; the law also looks at whether the statement is accurate and whether there's a legal basis for its publication.

However, Mr Brako-Powers warned that the defense doesn't give people a free pass to make damaging allegations against others. He noted that anyone making a serious factual claim should be ready to prove it in court, especially when the allegation involves criminal activity or other serious misconduct. The lawyer also pointed out other potential defenses to defamation, such as fair comment, privilege, consent, and innocent dissemination, depending on the specific circumstances and legal requirements.

He advised the public to differentiate between an opinion and an allegation of fact, stating that describing someone's behavior as poor or expressing an honestly held opinion is legally distinct from claiming as fact that the individual committed a crime. His remarks come as there is renewed public debate about defamation, following legal action by Minority Leader Alexander Afenyo-Markin against being called an "extortionist."

This issue has sparked questions about the boundaries of political speech and the legal repercussions of making serious allegations. Mr Brako-Powers suggested that the courts should be the ones to decide if a statement is defamatory and, if applicable, whether the defendant has established a recognized defense.