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A law lecturer at the Kwame Nkrumah University of Science and Technology (KNIJST), Ernest Kofi Abotsi, is pushing for a possible review of the law of 'causing fear and alarm'.
As it stands now, he believes the law fails to properly define its targets since "I think that originally that was not the intention of the law but the way it is drafted vis-a-vis the 1992 Constitution, it may appear targeted at free speech."
This feature of over-inclusiveness succeeds in roping-in all objects and subjects of speech to the extent that the same causes 'fear and alarm'.
Mr. Abotsi was speaking with DAILY GUIDE after a roundtable discussion on the Criminal Offences Act, Act 29 of 1960 in Accra.
The workshop which was initiated by the Media Foundation for West Africa (MFWA) in collaboration with US-based Freedom House is expected to generate public debate on the law, following its recent application.
Section 208 of the country's Criminal Offences Act (I) states "Any person who publishes or reproduces any statement, rumour or report which is likely to cause fear and alarm to the public or to disturb the public peace knowing or having reason to believe that the statement, rumour or report is false is guilty of mismeanour"
Subsection (2) also states "it is no defence to a charge under subsection (1) that the person charged did not know or did not have reason to believe that the statement, rumour or report was false unless he proves that, prior to publication, he took reasonable measures to verify the accuracy of the statement, rumour or report."
Unless amended, Mr. Abotsi said "the provisions remain a dangerous tool in the hands of governments and a bulwark against the progressive development of th regime on free speech an media rights in Ghana.'"
It is because of these and others that the lawyer stressed the urgent need for the said law to be streamlined by looking at some of its key provisions and amending them while probably changing some of its wording in order for it to be applied in tandem with original intention.
In his earlier submission, Mr. Abotsi said the amendment of this provision would restore confidence in society.
Source: Daily Guide
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