A huge chasm in the country's law of defamation is expected to be filled with a new Defamation Bill that is expected to be sent to Parliament in the coming days for debate and passage. The Ghanaian Observer newspaper reports that the intention of the Defamation Bill is to make the insults and libellous commentary often thrown at defenceless and innocent individuals and groups by the recent phenomenon of social commentators, 'serial callers' and 'serial texters' (those who use SMS text messages to contribute to radio and television and even newspaper publications) actionable. The newspaper said the Bill also seeks to teach or propagate doctrines which exhibit or encourage disrespect for the nationhood of Ghana, its national symbols and emblems and incites hatred against other members of the community. Clause 1 of the Defamation Bill which covers who is liable for defamation provides that: “A person is liable for defamation where by spoken words or any other sounds, writing, printing, effigy, paintings, gestures or any other methods signifying meaning, that person publishes defamatory matter concerning another person without lawful justification.” Sources at the AG's Department said even under the existing law of defamation, the comments of social commentators, 'serial texters' and serial callers are actionable so the Draft Bill cannot be said to have picked on this group or any other group but is only being introduced to ensure that Ghana has its own codified law on defamation. The Memorandum accompanying the Defamation Bill provides that (even though) Article 162 of the 1992 Constitution enjoins any medium for the dissemination of information to the public which publishes a statement about or against any person to publish a rejoinder which the National Media Commission by Sections 12 to 16 of its enabling Act, Act 449 makes extensive provision for by way of the settlement of complaints; but these are media specific; and it is equally important to bear in mind the words, “incites hatred against other members of the community,” used in paragraph(e) of Clause (4) of Article 21 of the Constitution. This clearly is a call to duty for radio and television stations, some of whom have lately read text messages and or admitted for broadcast; libellous and defamatory phone calls from contributors or newspapers and other media to be mindful of comments from contributors which promote disrespect for Ghana, its national symbols and emblems as well as other members of the community/society. The Defamation Bill also seeks to abolish the distinction between libel and slander as it is considered expedient to consolidate the two in order to create certainty in the law, and codifies the essential provisions of the common law which include elements of the customary law. The Defamation Bill is Government's response to a recommendation made by the Law Reform Commission to the Attorney General as far back as 1984 that the country's law on defamation as it exists (today) must be clarified and reformed. The Memorandum accompanying the Draft Defamation Bill states that "the Bill, to a large extent seeks to make statutory provision for defamation, taking account the circumstances of our country." The Bill which has already been sent to Cabinet and okayed is soon to be discussed further by stakeholders such as the Ghana Journalists Association (GJA) and think thanks and other interested parties to ensure that broad consultations at all levels are undertaken before it is finally sent to Parliament for further action. Sources at the Attorney General's Department said people should not view the Defamation Bill as an attempt to reintroduce Criminal Libel which was expunged from the nation's statute books when the Government assumed office in 2001. Culled from the Ghanaian Observer