The repeal of Ghana’s criminal libel law in 2001 was hailed as a landmark victory for freedom of expression, marking a significant step towards a more open and democratic society. This law, previously enshrined in the Criminal Code, 1960 (Act 29), had long been a tool used to suppress dissent and silence critical voices. It criminalized the publication or broadcast of any statement deemed to expose an individual or entity to “hatred, ridicule, or contempt,” or to “bring the government into disrepute.” This broad and vaguely worded provision allowed for its easy manipulation, effectively chilling free speech and fostering an environment of self-censorship, particularly among journalists and political opponents. The repeal was intended to dismantle this oppressive mechanism and foster a more vibrant public discourse.
However, recent events, including the arrest of NPP Bono Regional Chairman Kwame Baffoe, also known as Abronye, have reignited concerns about the true demise of criminal libel in Ghana. Abronye’s arrest stemmed from allegations of publishing false news and making derogatory comments against the Inspector-General of Police. These charges, according to critics like Elvis Darko, the Managing News Editor of the Newscenta newspaper, represent the re-emergence of criminal libel in a disguised form. Darko argues that the current legal framework, despite the official repeal, still effectively criminalizes speech that those in power find objectionable, thereby circumventing the spirit of the 2001 reform.
Darko’s contention is that the repeal of the criminal libel law was effectively negated by the introduction of new offenses like “publishing false news” and “causing fear and panic.” These provisions, he argues, serve the same purpose as the defunct criminal libel law, allowing for the prosecution of individuals based on the subjective interpretation of their words. This, he warns, creates a chilling effect on free expression, as individuals become increasingly hesitant to voice their opinions for fear of legal repercussions. The ambiguity surrounding what constitutes “false news” or “causing fear and panic” leaves room for selective enforcement, potentially targeting those who criticize the government or powerful figures.
Abronye’s case serves as a stark example of this concern. His arrest and subsequent remand in custody highlight the potential consequences of expressing views that authorities deem unacceptable. This incident reinforces the argument that the spirit of the criminal libel law persists, despite its formal repeal. The very act of arresting an individual for expressing an opinion, regardless of its veracity, raises serious questions about the state of free speech in Ghana. It creates an environment where individuals must constantly self-censor, weighing the potential legal ramifications of their words against their right to express themselves freely.
The core issue, according to Darko and other critics, is the inherent subjectivity in determining what constitutes “false news” or statements that “cause fear and panic.” This ambiguity provides an avenue for the selective application of these laws, targeting those who challenge the status quo. The potential for misuse and abuse is significant, especially in a politically charged environment. This situation ultimately undermines the very foundation of a free press and open society, hindering robust public discourse and the free exchange of ideas.
In conclusion, while the formal repeal of Ghana’s criminal libel law was a positive step, recent events suggest that the underlying issues remain unresolved. The introduction of new offenses, coupled with incidents like Abronye’s arrest, indicates that the ability to suppress dissent and silence critical voices still exists. This reinforces the need for continued vigilance in safeguarding freedom of expression and ensuring that the spirit of the repeal is upheld in practice. The real test of a democracy lies not merely in the laws on its books, but in their consistent and equitable application, protecting the rights of all citizens to express their views without fear of reprisal. The case of Kwame Baffoe serves as a stark reminder of the ongoing struggle to ensure genuine freedom of expression in Ghana.
