Minority demands halt to Tiktoker’s second prosecution, demands repeal of offensive conduct and publication of false news law

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The Minority in Parliament has called on the government to immediately halt all prosecutions under Sections 207 and 208 of the Criminal Offences Act, including the reported second prosecution of jailed TikToker Camilla Alhassan.Addressing a press conference in Parliament on Friday, 17 July, Minority Leader Alexander Afenyo-Markin argued that the continued application of the provisions undermines Ghana’s democratic credentials and constitutional commitment to freedom of expression.He urged the government to withdraw all pending prosecutions initiated under the two sections.“We demand the immediate withdrawal of all pending prosecutions under Sections 207 and 208 of the Criminal and Other Offences Act, including the second prosecution threatened against Camilla Alhassan,” Mr Afenyo-Markin said.The Minority also called for the release of individuals currently serving prison sentences under the provisions, citing the case of Kwame Nkrumah II, who, according to Mr Afenyo-Markin, was imprisoned over a TikTok video.“We demand the discharge of any person currently serving a sentence, including Kwame Nkrumah II. There’s a gentleman, Kwame Nkrumah II, who was jailed about six months ago over a TikTok video,” he stated.Mr Afenyo-Markin further urged Parliament to expedite legislation to repeal Sections 207 and 208, noting that the Minority has already laid a bill before the House seeking to remove the provisions.“We demand the passage, without delay, of legislation repealing both sections. The Mighty Minority is proposing legislation along the lines of the bill already before the House,” he said.The Minority Leader also called on the government to publicly guarantee that no Ghanaian would face criminal prosecution solely for expressing views that are critical of those in authority.“We want a public commitment from government that no citizen will face criminal charges for speech that is merely critical, embarrassing or unwelcome to those in power,” he said.According to Mr Afenyo-Markin, Ghana made a significant democratic advance by repealing the criminal libel law in 2001 and should now complete that reform by removing what he described as the remaining legal provisions that could be used to criminalise free speech.“Ghana chose in 2001 to be the country that led Africa away from criminal insult laws. We are asking this Parliament in 2026 to choose to finish that journey,” he stated.He also appealed directly to President John Dramani Mahama to ensure that law enforcement agencies immediately cease initiating prosecutions under the contested provisions.“We are asking His Excellency President John Dramani Mahama to ensure that no prosecution is undertaken by the police forthwith,” he said.Who do the laws say?Sections 207 and 208 of the Criminal Offences Act, 1960 (Act 29) are considered to be archaic public order laws in Ghana, often utilised by authorities to prosecute cases related to free speech and misinformation:Section 207 (Offensive Conduct): This law criminalises the use of any threatening, abusive, or insulting words, or behaviour. It applies if the action is done intentionally with the intent to provoke a breach of the peace or where a breach of the peace is likely to be caused.Section 208 (Publication of False News): This law makes it an offence to publish or reproduce any statement, rumour, or report that is likely to cause fear and alarm to the public or disturb the public peace. To be convicted, the person must know, or have reason to believe, that the information is false when publishing it.Both offences are classified as misdemeanours in Ghana. Because specific punishments are not typically laid out alongside these definitions, offenders can face up to three years of imprisonment, a fine, or both under the broader Criminal Procedure Code.