SECTOR 1

Freedom of expression, including freedom of the media, is effectively protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the constitution and supported by other pieces of legislation.
Freedom of expression is guaranteed as a basic right in Chapter 5 of Ghana’s
1992 Constitution, which guarantees this right. The freedom of the media is also
guaranteed in this Chapter, wherein Article 21(1)(a) reads:
All persons shall have the right to - (a) freedom of speech and expression,
which shall include freedom of the press and other media;
Media freedoms are further guaranteed in Chapter 12 of the Constitution – titled
‘Freedom and Independence of the Media’, which highlights the individual rights
of media practitioners, protects media houses from censorship, and allows the
media to carry out its function freely.
Furthermore, the Constitution observes the watchdog role of the media, with
Article 162(5) noting that
All agencies of the mass media shall, at all times, be free to uphold the
principles, provisions and objectives of this Constitution, and shall uphold
the responsibility and accountability of the Government to the people of
Ghana.
However, while freedom of expression and media freedoms are guaranteed by
the Constitution, there are also certain limits on these freedoms. Within the
Constitution itself, for example, media freedom and freedom of expression are
subject to certain limitations, with Article 164 noting that
The provisions of articles 162 and 163 of this Constitution are subject to
laws that are reasonably required in the interest of national security, public
order, public morality and for the purpose of protecting the reputations,
rights and freedoms of other persons.
Furthermore, although it has been in force since 1960, the Criminal and Other
Offences Act is seen as presenting a “new threat” to freedom of expression, with
the police now resorting to it to clampdown on certain aspects of speech. Within
this Act, there is a “provision which criminalises speech or any other information
dissemination that promotes fear or alarm”. This Act has been has been activated

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AFRICAN MEDIA BAROMETER GHANA 2013

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