REVIEW THE CRIMINAL CODE
A Barrister at Law, Mr Ernest Kofi Abotsi has called for the review of the Criminal code which suppresses the freedom of expression of journalists.
He said since the country was trying to consolidate its democracy, it was important that it addressed the challenges posed by collonially oriented laws which remained incompatible with the values of modern democracy.
Mr Abotsi made the call when he presented a critique at a roundtable discussion on the criminal offences Act 29, 1960 and freedom of the speech which was organised by the Media Foundation for West Africa to propose an amendment to the Criminal code Act 29, 1960 in order to move forward the development of a democratic culture in the country, following the arrest of journalists who had in one way or the other violated certain provisions of the Act.
He said the law as it stood now could be exploited by the state to undermine the rights of the media to free expression .
He further noted that the continuous existence of the law could generate tensions and create conflict and precautionary behaviour which could end up undermining the rights of the media in the country.
The critique, “ Legal exorcism in a haunted regime: A critique of speech-supressing laws in Ghana”, evaluates the constitutionality and legal basis of the continued enforcement of provisions of the criminal offences Act which essentially seeks to suppress the full enjoyment of media rights in the country, with a specific focus on Section 208 of the Act.
The critique also questions the assumption that projects law enforcement in Ghana as an "objectified uniform dynamic" by drawing attention to the complex relationship that exists between free speech, political retribution and criminal justice administration in the country.
Mr Abotsi said amending provisions such as Section 208 was no more an option, but a vital step to perfecting the transition to constitutional rule.
He further noted that while efforts at reforming the Act had been made, thus resulting in the repeal of the criminal libel law, Act 29 continued to harbour provisions which continued to remain in tension with the underlying values of the 1992 constitution.
He added that the reality of political chicanery existing among the various political actors in the country, coupled with the perceived attachment of journalist to politicians and political interests implied that the temptation for the skewed use of Section 208 remained high.
This, he said, implied that unless the Act was amended, the provisions would remain a dangerous tool in the hands of governments and an obstacle against the progressive development of freedom of speech and media rights in the country.
Mr Abotsi explained that the fear that the amendment of criminal laws that affected speech and media rights could lead to an era of unrestrained unethical behaviour on the part of the journalists and jeopardising national security could be addressed by "streamlining the law and making it more targeted, and also by the use of existing constitutional systems and structures such as an "empowered" National Media Commission".
The Minister of Communication, Mr Haruna Iddrisu, in his address noted that although the constitution recognised freedom of speech and expression, it also acknowledged that the right to freedom of expression was not an absolute right, thus anyone who breached the law could be charged for misdemeanour.
He therefore called on the National Media Commission to be proactive by calling on the media to be more responsible in their reportage and discourage a culture of falsehood which could instigate fear and panic among citizens.
"The media should ensure that when holding public officials on the basis of accountability, it would not result in panic and chaos in the country", he added.
This, he said could only be achieved if the media took the necessary steps to verify all claims and information that was brought to their attention.
Mr Iddrisu also called on the judiciary to co-operate and collaborate with the government in fighting crime in a manner which was fair and in the national interest.
He said since the country was trying to consolidate its democracy, it was important that it addressed the challenges posed by collonially oriented laws which remained incompatible with the values of modern democracy.
Mr Abotsi made the call when he presented a critique at a roundtable discussion on the criminal offences Act 29, 1960 and freedom of the speech which was organised by the Media Foundation for West Africa to propose an amendment to the Criminal code Act 29, 1960 in order to move forward the development of a democratic culture in the country, following the arrest of journalists who had in one way or the other violated certain provisions of the Act.
He said the law as it stood now could be exploited by the state to undermine the rights of the media to free expression .
He further noted that the continuous existence of the law could generate tensions and create conflict and precautionary behaviour which could end up undermining the rights of the media in the country.
The critique, “ Legal exorcism in a haunted regime: A critique of speech-supressing laws in Ghana”, evaluates the constitutionality and legal basis of the continued enforcement of provisions of the criminal offences Act which essentially seeks to suppress the full enjoyment of media rights in the country, with a specific focus on Section 208 of the Act.
The critique also questions the assumption that projects law enforcement in Ghana as an "objectified uniform dynamic" by drawing attention to the complex relationship that exists between free speech, political retribution and criminal justice administration in the country.
Mr Abotsi said amending provisions such as Section 208 was no more an option, but a vital step to perfecting the transition to constitutional rule.
He further noted that while efforts at reforming the Act had been made, thus resulting in the repeal of the criminal libel law, Act 29 continued to harbour provisions which continued to remain in tension with the underlying values of the 1992 constitution.
He added that the reality of political chicanery existing among the various political actors in the country, coupled with the perceived attachment of journalist to politicians and political interests implied that the temptation for the skewed use of Section 208 remained high.
This, he said, implied that unless the Act was amended, the provisions would remain a dangerous tool in the hands of governments and an obstacle against the progressive development of freedom of speech and media rights in the country.
Mr Abotsi explained that the fear that the amendment of criminal laws that affected speech and media rights could lead to an era of unrestrained unethical behaviour on the part of the journalists and jeopardising national security could be addressed by "streamlining the law and making it more targeted, and also by the use of existing constitutional systems and structures such as an "empowered" National Media Commission".
The Minister of Communication, Mr Haruna Iddrisu, in his address noted that although the constitution recognised freedom of speech and expression, it also acknowledged that the right to freedom of expression was not an absolute right, thus anyone who breached the law could be charged for misdemeanour.
He therefore called on the National Media Commission to be proactive by calling on the media to be more responsible in their reportage and discourage a culture of falsehood which could instigate fear and panic among citizens.
"The media should ensure that when holding public officials on the basis of accountability, it would not result in panic and chaos in the country", he added.
This, he said could only be achieved if the media took the necessary steps to verify all claims and information that was brought to their attention.
Mr Iddrisu also called on the judiciary to co-operate and collaborate with the government in fighting crime in a manner which was fair and in the national interest.
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