Citizens Move to Supreme Court to Challenge Criminal Libel and Digital “False News” Provisions
By Boakye Stephen, Kumasi, Ghana | Reporting for Ghanaian News, Canada | May 21, 2026
A constitutional challenge has been filed at the Supreme Court seeking to strike down provisions of Ghana’s Criminal Offences Act and Electronic Communications Act that criminalise certain forms of speech.
The plaintiff, Austin Kwabena Brako-Powers, is asking the court to declare key sections unconstitutional, arguing that they violate fundamental freedoms guaranteed under the 1992 Constitution.
The suit names the Attorney-General as the sole respondent and focuses on laws that criminalise publications considered likely to cause public fear or disturb peace.
At the centre is Section 208(1) of the Criminal Offences Act, which the plaintiff describes as overly broad and vague in its application.
He argues that it exposes journalists and citizens to criminal liability even where there is no intention to mislead.
“It expressly removes the defence of honest belief in the truth of a publication from persons charged under Section 208(1), thereby subjecting journalists, media practitioners, and members of the public to criminal liability for the publication of statements that are subsequently found to be inaccurate notwithstanding the absence of deliberate or reckless falsehood,” part of the relief states.
The plaintiff is also challenging Section 208(2), which shifts the burden of proof onto the accused to demonstrate verification efforts, arguing that it violates the presumption of innocence.
Additional challenges target Sections 76(1) and 76(2) of the Electronic Communications Act, which criminalise “false or misleading” digital communications.
He argues that the definitions are too vague and open to abuse, potentially criminalising opinion or honest mistakes.
“It unlawfully reverses the burden of proof on the mental element of knowledge by deeming an accused person to have known that a communication was false or misleading solely on the basis that the accused failed to take reasonable steps to verify its accuracy, thereby violating the constitutional presumption of innocence,” the court documents read.
The plaintiff is seeking to have the provisions struck down or narrowly interpreted to apply only to intentional and harmful false communications.
He also references Ghana’s obligations under international human rights treaties such as the ICCPR.
Commentary | Boakye Stephen
This is a landmark-style constitutional test of Ghana’s speech laws. The outcome could significantly reshape how journalism, online expression, and “false news” cases are handled.
