The Institute of Economic Research and Public Policy, (IERPP), has perused the Misinformation, Disinformation, Hate Speech, and Publication of Other Information (MDHI) Bill, 2025, has concluded that this is a subtle means to introduce the repealed Criminal Libel Law.
Though the Criminal Libel and Seditious Law were unanimously repealed on 27 July 2001, laws which were used to imprison media personnel and those who spoke ill of the then administration, the new draft bill seeks to resurrect that dreaded law. IERPP has identified many flaws in the draft which must be looked at once again. These include but not limited to the following:
A. Constitutional Violations
1. Violates Articles 21(1)(a), 18(2), 12(1), 23, 296
2. Fails all tests for legitimate speech restrictions
2. Abridges fundamental rights while claiming to protect them
B. Criminal Libel Resurrection
1. Replicates every oppressive feature of the repealed law
2. Expands scope far beyond original criminal libel
3. Adds new censorship mechanisms (Division, platform control, extraterritorial reach)
4. Worse than what Ghana abolished 24 years ago
C. Vague and Overbroad
1. Undefined terms throughout (inaccurate, public interest, fear, unrest, negative feelings)
2. Impossible for citizens to know what’s prohibited
3. Enables arbitrary and discriminatory enforcement
4. Creates massive self-censorship
D. Procedurally Unjust
1. 2-day response deadlines
2. 10-day decisions
3. Appeals don’t stay enforcement
4. Anonymous complaints
5. Reversed burden of proof for health/election info
6. No adequate defense preparation time
E. Disproportionate Sanctions
1. Criminal prosecution + administrative penalties + daily fines + content removal + account deletion + license revocation + access blocking
2. Financial ruin through accumulating penalties
3. Career destruction
4. Imprisonment for mistakes
F. Government Privilege
1. Special enforcement rights for government, institutions, officials
2. Ministerial control over Division
3. Presidential appointments
4. Asymmetric power (government resources vs. individual defendants)
G. Chilling Effects
1. Journalists will self-censor
2. Media houses will close or avoid news
3. Citizens will stop discussing public affairs
4. Civil society will be intimidated
5. Whistleblowers will stay silent
6. Corruption will flourish
H. Democratic Backsliding
1. Election manipulation through Section 31
2. Opposition silencing
3. Investigative journalism destroyed
4. Civil society weakened
5. Accountability mechanisms eliminated
The Institute of Economic Research and Public Policy (IERPP) deems the MDHI Bill as:
1. Unconstitutional (violates multiple constitutional provisions)
2. Unnecessary (civil remedies and existing laws sufficient)
3. Disproportionate (crushing sanctions for speech)
4. Dangerous (creates comprehensive censorship apparatus)
5. Regressive (returns Ghana to pre-2001 oppression)
6. Anti-democratic (undermines accountability, transparency, participation)
In effect, this bill seeks to
1. Decide what you can say online.
2. Shut down your business for “non-compliance,”
3. Take your property “pending investigation,”
4. Deny independent professionals the right to work unless they’re “accredited.”
We call on the government to take a second look at the draft bill. Ghana cannot and must not return to the dark days where free speech was criminalised, leading to people’s rights and freedoms being infringed upon. This is not healthy for the country’s democracy.
Professor Isaac Boadi, Executive Director, IERPP
Source: asaaseradio.com
