Penplusbyte urges legal frameworks to tackle misinformation and disinformation

Penplusbyte, a non-profit organization, has urged the government to review laws combating misinformation and disinformation for greater effectiveness.

It also called for improved implementation of the Right to Information Act (RTI), Act 2019, to ensure timely disclosures and reduce misinformation.

The appeal followed a study supported by the Open Government Partnership (OGP), which revealed that existing laws lack relevance to current trends.

Key frameworks reviewed included the Criminal Offences Act (1960), the 1992 Constitution, the Electronic Communications Act (2008), the Cybersecurity Act (2020), and the RTI Act (2019).

Presenting the findings of the study at a Multistakeholder Conference on Fighting Misinformation and Disinformation in Ghana in Accra, on Friday, Professor Abena Yeboah-Banin, Lead Researcher, stated that most current laws were not originally designed to combat misinformation and disinformation.

Rather, she explained, they had been repurposed to address this new challenge, which means they lack “the currency” to tackle the phenomenon effectively.

She highlighted the example of the Criminal Offences Act, enacted in 1960, which was introduced before the internet and social media became major drivers of misinformation.

“… we’re dealing with an issue that is happening now and has so many nuances, including even the role of AI in generating and spreading misinformation and disinformation.

“And so how suited these existing laws are to addressing the issue we have on the table is one of the queries that we raised out of our findings,” she added.

Prof. Yeboah-Banin also raised concerns about vague terms like “fear and panic,” which she said have been exploited to target dissenting voices.

She called for clarity to protect freedom of speech and recommended establishing a non-partisan ombudsman to assess mis/disinformation cases before prosecution.

Prof. Yeboah-Banin urged the government to pursue a regional harmonized legal framework through the African Union to hold tech and social media giants accountable.

Madam Lydia Lamisi Akanvariba, Minister of State for Public Sector Reforms, affirmed the government’s commitment to combating mis/disinformation, citing significant efforts taken over the years to provide vital information to Ghanaians.

These include publishing budget and expenditure data online and strengthening institutions like the Commission on Human Rights and Administrative Justice (CHRAJ) and the Economic and Organised Crime Office (EOCO).

“We must remain steadfast in our pursuit of governance reforms, safeguarding every citizen’s right to know and participate in shaping our nation’s future,” she said.

Mr. Jerry Sam, Executive Director of Penplusbyte, advocated for media and digital literacy to complement fact-checking efforts.

He proposed civil penalties for spreading misinformation instead of criminal punishment to protect individual rights.