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Private legal practitioner and host of Newsfile, Samson Lardy Anyenini, has renewed calls for the repeal of Section 208 of the Criminal Offences Act, 1960 (Act 29), arguing that the law has increasingly become a tool for suppressing free speech and dissent.
In a legal commentary titled “The Abronye Charge Sheet – misuse in plain sight,” Mr. Anyenini described the provision, which criminalises the publication of false news likely to cause fear and alarm, as a colonial-era law that should have been scrapped alongside criminal and seditious libel laws in 2001.
According to him, the continued existence of Section 208 undermines Ghana’s democratic credentials and weakens constitutional protections for free expression guaranteed under Article 21 of the 1992 Constitution.
He argued that the law has increasingly been used to arrest, detain and prosecute journalists, activists and political commentators.
Mr. Anyenini disclosed that he had identified at least 16 alleged cases of misuse of Section 208 within the last 18 months, compared to roughly a dozen cases recorded over the previous eight years before January 2025.
He maintained that despite years of legal education and public discussions aimed at guiding law enforcement agencies on the proper interpretation of the law, abuse of the provision has persisted.
According to him, public education alone is no longer enough, insisting that repeal remains the only effective solution.
Referring to the amended charge sheet involving Kwame Baffoe, popularly known as Abronye, Mr. Anyenini argued that the allegations in the case did not meet the legal threshold required under Section 208.
He stated that while the comments attributed to Abronye may have been insulting or defamatory, they did not amount to false news capable of causing fear and alarm.
According to him, such disputes should ordinarily be handled through civil defamation proceedings rather than criminal prosecution.
Mr. Anyenini acknowledged growing concerns surrounding misinformation, abusive political discourse and reckless speech on social media, but maintained that broad criminal speech laws were not the appropriate solution.
He argued that civil legal remedies remain more suitable for protecting reputations and addressing false claims.
The lawyer also criticised what he described as the silence of political leaders and successive governments over the repeated use of Section 208, saying the lack of action has emboldened law enforcement agencies to continue applying the provision against critics and dissenting voices.
He further referenced the proposed Misinformation, Disinformation, Hate Speech and Publication of Other Information Bill, 2025, which seeks to repeal Section 208 and amend Section 76 of the Electronic Communications Act, 2008 (Act 775).
While describing the proposed repeal as a positive development, he cautioned Parliament against introducing similarly broad and vague restrictions under new legislation.
According to him, any future regulation targeting online misinformation and harmful speech must be precise, proportionate and fully consistent with constitutional protections and international human rights standards.
Mr. Anyenini stressed that Ghana’s legal framework should focus on narrowly tailored measures addressing intentional harm while safeguarding legitimate criticism, journalism and democratic debate.
He maintained that repealing Section 208 is not about encouraging irresponsible speech but rather protecting constitutional freedoms and strengthening democratic governance.
“The law has been abused beyond repair,” he argued, adding that Ghana must modernise its legal system and move away from outdated colonial-era speech offences.