The Media and the Offence of Criminal Libel in Ghana: Sankofa

Abstract

This article critically examines the repealed criminal libel law in the light of the 1992 Constitutional provisions of Ghana as well as judicial precedents. It seeks to evaluate the constitutionality of criminal libel laws and their implications for freedom of the media. This article brings to fore the implications of re-introducing such laws into the Ghanaian legal system. It argues that the re-introduction of criminal libel laws would contravene the letter and spirit of the 1992 Constitution of Ghana, thus unconstitutional. It contends that the nature of criminal libel laws is such that it impedes the development of media freedom and practice. Finally, it suggests that both the media and individuals should be empowered to express their opinions within a free and fair political and economic environment.