Accra: Private legal practitioner, Maurice Ampaw, has called for reforms to Sections 207 and 208 of Ghana's Criminal Offences Act, describing the laws as outdated and open to abuse. His comments come amid the recent arrests of several individuals over allegations of publishing false news and offensive content.
According to Ghana Web, Maurice Ampaw argued that the provisions are gradually being used in a manner similar to the repealed criminal libel law. "I associate myself with those who believe that the current section 207 and 208 of the Criminal Code is outmoded, unconstitutional. It is a way of introducing criminal libel into the system," he said. He further alleged that the enforcement of the laws appears selective and politically motivated.
Ampaw expressed concern that the current legal framework creates room for people to be targeted even before allegations against them are proven in court. "And I think that it is a thin line. When somebody doesn't like you, they come after you and say you have engaged in making fake news. Whether or not it is true, you will be arrested and presented before a judge who will remand you and until you are tried," he noted.
He warned that even truthful statements could be labelled as falsehoods by opponents, emphasizing the potential for misuse. "That's why we don't want to criminalize this action because somebody who doesn't like you, even when you tell the truth, they will tell you it's fake news because it's an allegation," he added.
Ampaw proposed the use of civil remedies instead of criminal prosecution in dealing with false publication claims. "That is why it is always better to use the civil remedy available. Anybody who says anything, you should drag the person to the Civil court. At the Civil court, there is nothing like arrest. You go and prove the allegation," he proposed.
He stressed the need for a review of the laws, arguing that not every law should be aggressively enforced without considering its relevance and impact. "It's worrying... That's why I say that don't abuse [the law]. It's not every law that we try to enforce. There are so many laws in this country, enforcement has become problematic because we need to review those laws," he said.
Ampaw therefore called for amendments to Sections 207 and 208 of the Criminal Offences Act. "I think it's high time we start reviewing the law, call for the amendments of section 207 and 208 of our Criminal Offences Act," he added.