A former Deputy Attorney-General and Minister for Justice, Mr Alfred Tuah-Yeboah, has urged the government to avoid using its planned anti-disinformation legislation to suppress free expression, cautioning that such a law must deal strictly with matters that threaten national security.

Speaking on Joy News on Saturday, April 12  2025, Mr Tuah-Yeboah said while it is necessary to address the growing problem of disinformation and misinformation, any new law must not infringe on the public’s right to free speech.

“I’ve said this basically because of the right to free speech. It’s a constitutional right, it’s a fundamental right and it is part of our democracy that people on the other side must also express their dissent,” he said.

Mr Tuah-Yeboah warned that poorly defined laws on disinformation could be misused to silence criticism and restrict public discourse.

“If you have a law that’s seeking to also put some stumbling blocks on free expression, then there are reasons for worry,” he noted.

That said, he acknowledged the danger disinformation poses when it touches on national security concerns.

“If that misinformation borders on national security and has far-reaching consequences, then we must at all costs make sure that we crack the whip,” he stated.

His comments follow an announcement by the Minister for Communications, Mr Samuel Nartey George, that a legal document will soon be presented to Parliament to address misinformation and disinformation. The Ningo Prampram MP said the bill would provide a clear legal path to tackle the issue more effectively.

Referencing Ghana’s legal history, Mr Tuah-Yeboah recalled the repeal of the criminal libel law in 2001 and pointed to Section 208 of the Criminal Offences Act as the current legal provision. That section deals with the publication of false news likely to cause fear and panic.

“Criminalising speech, as you know, has been outlawed in Ghana. In fact, in 2001, the law on criminal libel was repealed, and the remnant left is what we have under Section 208,” he explained.

Mr Tuah-Yeboah said the thresholds under the existing law already allow for broad interpretation, which could result in unnecessary arrests.

“If these are the thresholds, then a lot of people may be arrested,” he observed.

To avoid such risks, he recommended that the government consider a standalone law that clearly defines the circumstances under which disinformation may be penalised, especially where national security is at stake.

“If we can fine-tune the law have standalone legislation trying to figure out all the scenarios and come up with a very good law I’m all for it,” he said.