A Ghanaian citizen, Austin Kwabena Brako-Powers, has filed a constitutional action at the Supreme Court seeking to strike down key provisions in two laws that criminalise the publication or transmission of false information.
In a writ invoking the Supreme Court’s original jurisdiction, the plaintiff is asking the court to declare sections of the Criminal Offences Act, 1960 (Act 29) and the Electronic Communications Act, 2008 (Act 775) unconstitutional.
The suit specifically targets:
- Section 208 of Act 29, which criminalises the publication of statements, rumours or reports likely to cause fear and alarm or disturb public peace.
- Section 76 of Act 775, which deals with the sending of “false or misleading” electronic communications.
Brako-Powers argues that these provisions are vague, overly broad, and unconstitutional. He contends that they unlawfully shift the burden of proof onto the accused to prove they took reasonable steps to verify information before sharing it. This, he says, violates the constitutional presumption of innocence under Article 19(2)(c), as well as the rights to freedom of speech, expression, and the press guaranteed under Articles 21 and 162 of the 1992 Constitution.
The plaintiff further argues that the laws allow prosecution for false or misleading information without the need to prove intent or recklessness, thereby creating a “chilling effect” on journalists, media practitioners, and ordinary citizens.
He is asking the Supreme Court to interpret the provisions narrowly, limiting criminal liability only to cases where a person knowingly spreads false information with the intent to endanger life or disrupt essential public services.
Reliefs Sought
The plaintiff is also seeking declarations that any ongoing or future prosecutions under these sections are unconstitutional and inconsistent with Ghana’s international human rights obligations, including the International Covenant on Civil and Political Rights.
He is praying the court to strike down the challenged provisions either wholly or partially and grant any other relief the court deems fit.
The Attorney-General has been named as the defendant in the case.
Editor:
Obiri-Yeboah
