Afenyo-Markin calls for repeal of Section 208 and Electronic Communications Act speech laws

Afenyo-Markin urges Ghana to repeal Section 208 of Criminal Offences Act amid concerns over its impact on free speech

Minority Leader Alexander Kwamena Afenyo-Markin has urged Ghanaian lawmakers to repeal Section 208 of the Criminal Offences Act, arguing that the provision's application has eroded freedom of expression in the country. Delivered at the 30th Ghana Journalists Association (GJA) Media Awards in Accra on Saturday, November 7, 2026, Mr. Afenyo-Markin's remarks shed light on the potential dangers inherent in using criminal law to prosecute citizens for expressing opinions or criticizing public officials.

Section 208, which governs the publication of false news that may instill fear or panic, has increasingly been utilized to target journalists and citizens who venture beyond mainstream narratives, Afenyo-Markin contended. He warned that criminal prosecution for political commentary, public criticism, satire, and journalism could create a climate of fear and discourage open discourse on matters of national significance.

The Minority Leader also pointed out concerns regarding Section 76 of the Electronic Communications Act, 2008, warning that its misapplication could pose a threat to digital freedom of expression. Afenyo-Markin emphasized that his party would consider repealing the provision, which he asserted placed individuals at risk of prosecution for comments made on digital platforms.

In a bid to prevent potential abuse of the legal system, Afenyo-Markin stressed that civil actions should be pursued in cases of false information damaging reputations, as opposed to criminal proceedings. He pointed out that defamation, libel, and false publications fall under civil matters, and their resolution should not involve jail time.

Additionally, he cautioned against the misuse of legal action by powerful individuals to intimidate journalists and media organizations, urging the justice system to focus on holding public officials accountable rather than silencing citizens or exhausting editorial resources.

Mr. Afenyo-Markin, in his address to journalists, described them as vital guardians of Ghana's democracy, highlighting their role in exposing corruption, abuse of power, and inefficiencies within public institutions. He urged the government to demonstrate its commitment to press freedom through actions rather than mere words, particularly in its stance against prosecuting journalists and the protection of media practitioners.

Furthermore, he called upon President John Dramani Mahama to pardon Camila Alhassan, who is currently serving a jail term for her involvement in social media activities.

The Minority Leader emphasized that Ghana must not normalize the prosecution of speech, asserting that the right to express opinions and criticize public officials must be protected irrespective of political affiliations. He reiterated his caucus's commitment to defending the rights of every Ghanaian to speak, question, criticize, and disagree, promising continued advocacy for freedom of expression throughout Ghana's democratic journey.