Penplusbyte Calls for Stronger Legal Measures Against Misinformation
Penplusbyte, a civil society organization focused on good governance and digital rights, is urging the government to strengthen and modernize legal frameworks aimed at addressing the growing challenges of misinformation and disinformation in Ghana. The organization emphasized the need to revise outdated laws and improve the implementation of the Right to Information Act (RTI), 2019 (Act 989), to promote transparency and timely access to credible information.
This call follows a recent study supported by the Open Government Partnership (OGP), which assessed the relevance of current legal tools in tackling mis/disinformation. The study reviewed several laws, including the Criminal Offences Act (1960), the 1992 Constitution, the Electronic Communications Act (2008), the Cybersecurity Act (2020), and the RTI Act (2019). According to the findings, these laws were not originally crafted to handle the modern dynamics of misinformation, especially in the digital age.
At a Multi-Stakeholder Conference in Accra on Friday, the Lead Researcher, Professor Abena Yeboah-Banin, presented the findings and stressed that many existing laws had been retrofitted to address today’s challenges. She noted that some of these frameworks, such as the Criminal Offences Act, were introduced decades ago, long before the rise of the internet and social media, which are now key drivers of misinformation.
Prof. Yeboah-Banin emphasized that the evolving nature of the issue, including the influence of artificial intelligence (AI) in spreading false information, requires legal tools that are both current and nuanced. She also criticized vague terms like “fear and panic” within the laws, saying they have sometimes been misused to suppress opposing views.
To address these concerns, she proposed clearer definitions in the legal language to protect freedom of expression and called for the creation of an independent, non-partisan ombudsman to assess cases of misinformation before legal action is taken. Additionally, she recommended a regional legal framework through the African Union to help regulate tech and social media companies.
Lydia Lamisi Akanvariba, Minister of State for Public Sector Reforms, reiterated the government’s commitment to transparency, highlighting efforts such as publishing budget data and empowering institutions like CHRAJ and EOCO.
Penplusbyte’s Executive Director, Jerry Sam, advocated for public education on media and digital literacy to support fact-checking initiatives. He also recommended civil penalties for misinformation instead of criminal charges, aiming to uphold human rights while ensuring accountability.
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