Penplusbytes Welcomes Specialized Legislation on Misinformation and disinformation, Calls for Democratic Safeguards
Non-profit organization Penplusbytes has welcomed the announcement by the Minister for Communication, Digital Technology, and Innovation, Samuel Nartey George, on plans to introduce specialized legislation targeting misinformation and disinformation in the country.
The organization has, however, urged that the proposed law be firmly rooted in democratic principles, uphold constitutional freedoms, and be developed through broad stakeholder engagement.
In a statement issued on Friday, April 11, 2025, Penplusbytes highlighted concerns about the potential misuse of such laws, emphasizing the need for clear legal definitions and independent oversight mechanisms.
Penplusbytes’ position aligns with findings from its March 2025 report titled Review of Ghana’s Legal Framework for Addressing Misinformation and Disinformation, which critically examines existing laws such as the Criminal Offences Act (1960), Electronic Communications Act (2008), Cybersecurity Act (2020), and the Right to Information Act (2019).
The report identifies key gaps, including vague legal definitions, outdated provisions, and misuse of existing laws against journalists and activists. To ensure that the new legislation strengthens, rather than undermines press freedom and democratic discourse, Penplusbytes has put forward a series of actionable recommendations.
Key Reform Proposals
The actionable recommendations proposed by the organization are:
Clarifying Legal Definitions – Establishing precise interpretations for ambiguous terms such as “fear and panic” and “false reports,” while ensuring proportional legal remedies that protect freedom of expression.
Independent Oversight – Creating a non-partisan, independent ombudsman to assess allegations of misinformation before cases escalate to prosecution.
Legal Reforms – Amending existing laws to align with Ghana’s 1992 Constitution and international standards on freedom of expression.
Platform Accountability – Developing regionally harmonized frameworks under the African Union to enhance transparency in content moderation and ensure digital platforms uphold accountability.
Access to Information – Strengthening the Right to Information Act to facilitate timely and proactive disclosures, reducing the spread of misinformation at its source.
Penplusbytes is therefore urging all stakeholders—including policymakers, media practitioners, and civil society—to seize this moment as an opportunity to shape a forward-looking, democratic digital ecosystem that balances truth and liberty.
The organization maintains that while combating misinformation is crucial, any legal framework must reinforce, rather than restrict, fundamental freedoms.
National Dialogue on April 11, 2025
As part of further efforts to foster inclusive policymaking in relation to the upcoming specialized legislation on misinformation and disinformation by the Communications Minister, Penplusbytes, with support from the Open Government Partnership (OGP), will host a Multi-Stakeholder Conference on Combating Misinformation and Disinformation on April 11, 2025, in Accra.
The event brought together government officials, civil society groups, academia, media, security services, legal professionals, and tech industry representatives to examine Ghana’s existing legal framework on misinformation, identify actionable policy reforms and legislative improvements, and also strengthen cross-sector collaboration for a coordinated national response.
