Author: Samuel Swanzy-Baffoe
Site of publication: Paradigm initiative
Type of publication: Report
Date of publication: August 2023
Introduction
Ghana as a country is noted for being a strong figure in the space of digital rights and media1 freedoms. This has undoubtedly given it a strong foothold in terms of political participation especially as citizens, on a daily basis are free to express their sentiments and add their voices to as many issues of governance and society as they wish to. Rights like the freedom of expression and the right to information are guaranteed by the constitution. Some reports have even2 suggested that calls for regulation of the space have risen as a result indicating popular support for free media dropped by 57% as of 2018.
As a result, political participation in Ghana is high as citizens generally feel free to express their political rights. After an improvement in 2018 when the country rose to 23rd on the world press freedom rankings, it dropped to 27 in 2019 and currently stands at the 30th position on world rankings. Journalists especially, have from 2019 to 2020 faced various actions that threaten their life and work. In 2020, during the heat of the COVID-19 pandemic journalists covering the effectiveness of the government’s measures against COVID-19 were attacked by police.
A journalist, David Tamakloe was arrested on allegations that he published false news . In May this year (2021), a journalist with Citi Fm and Citi TV, Caleb Kudah, was also arrested by the country’s National Security at one of their installations in the capital on grounds of filming in a restricted area. This issue generated quite a number of controversies that bordered on public interest and the rights of citizens to be informed against arguments on security protocols.
In the face of these happenings, there has also been a new regime of digital laws to regulate Ghana’s digital space; something which has almost come to be inevitable in the technological dispensation. Over the last decade, laws passed to regulate the digital space in the country include Cybersecurity Act 2020 (Act 1038), National Information Technical Agency Act 2008, Electronic Communications Act 2008 (Act 775), Payment Systems and Services Act 2019, National Communications Authority Act 2008, Electronic Transactions Act 2008, Data Protection Act 2012 (Act 843) and the National Communications Authority Act 2008.
Safeguarding of rights
Provisions in the laws examined, among other things, facilitate the protection of citizens and their privacy, are citizen/consumer-centred and finally lead to the deepening of the democratic process. They deepen the democratic dispensation critically through the establishment of industry forums which are aimed at bringing industry players together periodically.
Sections 81 to 82, 29 to 30 and of the Cybersecurity and Electronic Communications provide for the setup of a forum for Electronic Communications and Cybersecurity industry players, respectively. The Minister and Authority only participate as observers but are mandated to consider and implement codes they come up with in a thirty days space.
The composition of the Cybersecurity Forum includes cybersecurity service providers, telecommunications network operators, and any other person concerned with matters of the industry that may participate in the activities of the Forum. Also, a representative21 from this Industry forum set up in the Cybersecurity and Electronic Communications Acts sits on the board of the Data Protection Commission.
The forums (Electronic Communications and Cybersecurity industry forums) are meant to facilitate the discussion of matters concerning the industry through codes. They (the codes) come to effect only after the authorities have passed them. However, in a case where the authority seeks to use its power of refusing to pass a code, they are obliged to explain to the forum on the decision within thirty days of the refusal. These provisions establish Cybersecurity and Electronic Communications industry forums and their regulations. potentially stand as an avenue for issues concerning the space to be properly addressed.
Submission to international best practices
Ghana signed onto international treaties like the Budapest and Malabo Conventions with a duty to comply. Section 84 of the Cybersecurity Act, which provides on ‘International Co-operation’ provides in the subsection that; The Electronic Communications Act mandates the authority to allocate spectrum and regulate broadcast services according to standards set by the International Telecommunications Union (ITU) when considering spectrum allocation.
Provisions about Disinformation
Used as a weapon against credible news media across the globe, the phenomena of information disorder have become rampant in recent times as blogs, cloned websites, satires and other forms of media including traditional media, are used to fuel fake stories to shape narratives in a certain way. Conspiracy theories, blatant lies and what has been described by some as information pollution has become the order of the day.
Many cases can also be stated for the fake information circulated to twist actions in favor of political interests in Ghana. A recent survey, by African Youth Survey, suggests that nearly nine in ten (90%) of Ghanaian youths believe the rampant nature of fake news in the country and around the continent has impacted their ability to stay informed.
Inclusive and Consumer Favorable
The Electronic Communications Act provides for the inclusion of such persons as the disabled and people living in rural areas who stand to be disadvantaged in the digital space. They also facilitate inclusion and are generally favorable to the consumer who also is a citizen.
In addition to including disabled persons, sections 49 to 50 of the Electronic Communications Act provide for electronic communications in rural areas. Service providers in such communities and areas enjoy facilities that are aimed at helping them operate in the unique situations they find themselves. More so, Section 64 of the same Act mandates the authority to give frequency space on non-discriminatory grounds.