Zakaria Tanko Musah, a senior law lecturer at the University of Media, Arts and Communication (UniMAC), has emphasised that while Ghana’s Constitution provides strong protection for freedom of expression, the right is not absolute and must be exercised with responsibility. Speaking on the Asaase Breakfast Show on Friday, 17 July, Musah described free speech as a cornerstone of democratic governance but noted that constitutional safeguards also permit the state to impose legitimate restrictions when necessary.
“Freedom of expression is guaranteed under the Constitution, but it is not absolute,” he stated, explaining that constitutional democracies must balance individual liberties against the rights of others and the broader public interest. He added, “Everybody is free to say what they want to say, but they have to exercise that right responsibly. If, in exercising your rights, you interfere with the rights of others, the Constitution allows for lawful intervention.”
Musah further observed that such limitations on speech are widely recognised across the world, including in regional and international human rights frameworks. He, however, cautioned that laws restricting speech must remain consistent with constitutional principles and pursue legitimate objectives in a proportionate manner.
He questioned the continued reliance on provisions dating back to the 1960 Criminal Offences Act relating to the publication of false news, arguing that such legislation should be reviewed to reflect contemporary democratic standards. “What had the tendency to cause fear and alarm in 1960 may not necessarily have the same effect today. We need to examine these laws within the context of the 21st century,” he said.
Musah also called for a national conversation on whether offences relating to speech should continue attracting criminal sanctions or be handled through civil remedies such as defamation suits. He said the ongoing constitutional review process presents an opportunity to clarify Ghana’s legal framework governing freedom of expression while safeguarding democratic accountability.
Source: Winifred Lartey
