The Media Foundation for West Africa (MFWA) has expressed deep concern over what it describes as the increasing “weaponisation” of laws in Ghana to criminalise free speech and restrict expression.
According to the Executive Director of Media Foundation for West Africa, Sulemana Braimah, there is a worrying trend in the use of Section 76 of the Electronic Communications Act, 2008 (Act 775) and Sections 207 and 208 of the Criminal Offences Act, 1960 (Act 29) to arrest and prosecute people for comments made in public and on social media.
The MFWA notes that within just 16 months of the current National Democratic Congress (NDC) government under President John Dramani Mahama, more people have been arrested under these laws than during the entire eight-year administration of the New Patriotic Party (NPP) led by former President Nana Addo Dankwa Akufo-Addo.
The organisation recalls that while in opposition in 2022, President Mahama himself criticised the use of state power to criminalise speech.
In an open letter to the then government, he warned against what he called the “growing criminalisation of speech and journalism in Ghana,” describing it as a dangerous path for democracy.
The MFWA also references commitments made by the NDC in its 2024 manifesto, where the party pledged to repeal laws seen as harmful to press freedom.
President Mahama, shortly after assuming office in January 2025, also reaffirmed his support for freedom of expression as guaranteed under Ghana’s 1992 Constitution.
However, the MFWA says recent developments appear to contradict these commitments. It reports that since January 2025, arrests have included journalists, bloggers, political activists, TikTok creators, and ordinary citizens.
Between 2025 and 2026 alone, the organisation has documented several cases linked to alleged false publications, offensive conduct, and online threats.
The MFWA estimates 14 arrests within the 16 months, compared to eight arrests over the previous eight years, describing this as a sharp increase in enforcement actions.
Sulemana Braimah warns that the vague wording of the laws, especially terms like “false news,” “fear,” and “alarm,” creates room for selective and excessive application.
He argues that while the laws are meant to protect public order, they are increasingly being used in ways that may silence dissent and critical voices.
At the same time, the MFWA also cautions citizens, media houses, and political actors to avoid reckless and offensive speech that could inflame tensions or harm public peace.
The organisation is therefore renewing its call for the repeal of Section 76 of the Electronic Communications Act and Section 208 of the Criminal Offences Act, while urging the government to ensure that Ghana’s democratic space remains open, fair, and respectful of fundamental rights.