Former Minister for Information and Member of Parliament for Ofoase-Ayirebi, Kojo Oppong Nkrumah, has expressed deep concern over a proposed draft speech bill, cautioning that the government is “treading on dangerous grounds” by attempting to criminalize speech in the country.
Speaking in an interview on the proposed legislation, Mr. Oppong Nkrumah described the bill, reportedly intended to regulate speech and social media activity, as “dangerous” and contrary to Ghana’s democratic progress.
“To say that what we are seeing appears to be a draft, and that they want to consult on that draft, is one thing. But from what I have seen as a former Information Minister, this draft is dangerous. And let me explain why it’s not surprising,” he noted.
He argued that the President himself had earlier hinted at such intentions. “It’s not surprising because I think the President first announced that they were going to use the national security apparatus to go after people who make comments on social media that they consider, for whatever reason, whether under the guise of hate speech or any other justification, to be unfavorable,” he noted.
According to the Ofoase-Ayirebi lawmaker, the President’s previous remarks about tracking IP addresses and involving security agencies to clamp down on online speech are now manifesting in the form of this draft bill. “The President himself said it. So, it’s not surprising that his Minister is now following up with a draft bill containing such wild provisions,” he said.
Mr. Oppong Nkrumah emphasized that the global trend has been toward decriminalizing speech, not the reverse. “Over the past few decades, various countries have been moving away from using criminal law to deal with speech. They have been decriminalizing speech. There are other remedies for speech that may be deemed unfavorable — most of them civil — but not necessarily criminalizing it,” he stated.
Citing Ghana’s democratic progress, the Ranking Member on Parliament’s Economy and Development Committee recalled that the repeal of the Criminal Libel and Sedition Law under the Kufuor administration was a major step forward for media freedom and democracy. However, he lamented that some outdated provisions still exist.
“For instance, the law on the publication of false news with intent to cause fear and panic is one of those outdated provisions that still needs to be repealed. Instead of repealing such laws to advance democratic freedoms, the government is now seeking, through this draft it wants to consult on, to enact legislation that would make it possible for individuals to be jailed for merely posting comments in chat groups that the authorities deem offensive according to their own criteria,” he said.
Describing the move as “an encroachment on the right to free speech,” Mr. Oppong Nkrumah urged the government to reconsider its position. “I think this is very dangerous. The government must tread cautiously. I am hopeful that when consultations begin, the government will see wisdom in backtracking and ensuring that, rather than further criminalizing speech, even the remaining laws that do so are finally repealed,” he further added.
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