The Media Foundation for West Africa (MFWA) has condemned what it describes as the increasing “weaponisation” of Section 76 of the Electronic Communications Act, 2008 (Act 775), and Sections 207 and 208 of the Criminal Offences Act, 1960 (Act 29), warning that their application is contributing to the criminalisation of speech in Ghana.
According to the foundation, it has documented 14 arrests linked to the application of the laws within the first 16 months of the current National Democratic Congress (NDC) administration, compared to eight arrests recorded over the entire eight-year tenure of the previous New Patriotic Party (NPP) government led by former President Nana Addo Dankwa Akufo-Addo.
In a statement issued on Thursday, May 21, 2026, the organisation said the trend reflects a “disturbing rise” in the discriminatory and disproportionate application of the provisions, particularly Section 208 of the Criminal Offences Act and Section 76 of the Electronic Communications Act, which it argues are being used against journalists, bloggers, political activists, and ordinary citizens.
The MFWA noted that while in opposition, President John Dramani Mahama had previously criticised what he called the “growing criminalisation of speech and journalism in Ghana,” warning that the use of state power to intimidate dissent was “a dangerous blueprint” for democracy.
“It is even more worrying when the power of the state is used as a pliant tool in this intimidating endeavour. This is a dangerous blueprint you are fashioning for our dear nation, and it must not be encouraged,” Mahama said in a 2022 open letter to then President Nana Akufo-Addo.
The organisation also referenced the NDC’s 2024 manifesto pledge to repeal laws it described as harmful to press freedom, as well as President Mahama’s post-inauguration commitment to safeguard freedom of expression under the 1992 Constitution.
However, the MFWA said recent developments suggest a contradiction between those commitments and enforcement trends observed since January 2025, with multiple arrests recorded over comments made on traditional and social media platforms.
Among the cases cited are arrests involving bloggers, TikTok content creators, journalists, and political figures, including incidents linked to alleged false publications, threats, and comments deemed offensive or capable of inciting public disorder.
The group reiterated that Section 208 of the Criminal Offences Act, which criminalises publications likely to cause fear or alarm, and Section 76 of the Electronic Communications Act, which targets false electronic communications, remain broadly worded and vulnerable to selective interpretation.
“While these laws were intended to preserve public order and safety, their vague wording creates room for abuse and politically motivated enforcement,” the MFWA said.
It added that although it supports efforts to curb incitement and harmful misinformation, the current pattern of enforcement risks undermining constitutional guarantees of free expression and press freedom.
The MFWA urged government to halt what it described as the “discriminatory and disproportionate” application of the laws, while also cautioning media organisations, content creators, and political actors against the use of abusive or inflammatory rhetoric that could heighten social tensions.
It further renewed its call for the repeal of Section 76 of the Electronic Communications Act and Section 208 of the Criminal Offences Act, arguing that both provisions require urgent reform to align with democratic standards and safeguard freedom of expression.
