SECTOR 1

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

3.7 (2006: 3.3; 2008: 4.8; 2011: 3.6)

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secret, libel acts, legal requirements that restrict the entry into
the journalistic profession or laws that unreasonably
interfere with the functions of media.
Although criminal libel provisions in the Criminal Code of 1960 have been
repealed, Section 208 of the code remains on the statutes. This section criminalises
“any statement, rumour or report which is likely to cause fear and alarm to the
public or to disturb public peace, knowing or having reason to believe that the
statement, rumour or report is false”. Even with the various amendments to the
criminal code since the repeal, this particular section has not been changed, and
has been cause for concern.
Generally, media practitioners in Ghana are not concerned about restrictions on
how they practise their profession. Journalists in the local language and electronic
media especially “act as though in a large measure, there were no laws on what
they do, and they often get their owners into trouble. There is a long list of libel
or defamation suits against different media.”
Some media houses have been fined heavily for libel or defamation, but “the
courts have a “liberal attitude in slapping fines on the media”. With Joy FM,
for example, “a quantum of damages was being sought, but without a clear
mathematical basis. The courts reduced it so much, and gave a damage that was
so small, that this was challenged.” However, even when fines are given, these
are often defied, and “the courts have admitted that if this were the norm, it
would be an exercise in futility.”
Some media houses that have suffered from libel or defamation suits have been
affected in the way they work or publish. And some of the damages being sought

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AFRICAN MEDIA BAROMETER GHANA 2013

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