The Media Foundation for West Africa (MFWA) has strongly condemned what it describes as the accelerating “weaponisation” of specific legal statutes by state security agencies to suppress free expression and press freedom in the country.

In a comprehensive situational statement released on Thursday, 21 May 2026, the regional media watchdog sounded an alarm over the tactical deployment of Section 76 of the Electronic Communications Act, 2008 (Act 775), alongside Sections 207 and 208 of the Criminal Offences Act, 1960 (Act 29).

The foundation warned that the current pattern of enforcement is actively contributing to the criminalisation of speech in Ghana.

To substantiate its concerns, the MFWA presented comparative tracking data spanning the current and previous political administrations. The findings expose a sharp, rapid escalation in speech-related detentions.

According to the foundation, it has documented 14 arrests linked to the application of these laws within the first 16 months of the current National Democratic Congress (NDC) administration, which took office in January 2025. By contrast, only eight arrests under the same legal provisions were recorded over the entire eight-year tenure of the previous New Patriotic Party (NPP) government led by former President Nana Addo Dankwa Akufo-Addo.

The MFWA noted that this trend reflects a “disturbing rise” in the discriminatory and disproportionate application of the provisions.

The foundation observed that Section 208 of the Criminal Offences Act and Section 76 of the Electronic Communications Act are increasingly being turned into offensive weapons against journalists, bloggers, digital content creators, political activists, and ordinary citizens.

The media rights group highlighted a glaring contradiction between the current wave of arrests and the historical rhetoric of President John Dramani Mahama. The MFWA recalled that while leading the opposition, President Mahama had been a vocal critic of state-sponsored censorship, previously condemning what he called the “growing criminalisation of speech and journalism in Ghana.”

The MFWA further cited a publicised 2022 open letter addressed to then-President Nana Akufo-Addo, in which President Mahama had warned that using the police and courts to silence political dissent was an authoritarian overreach.

Furthermore, the organisation referenced the NDC’s 2024 manifesto pledge to repeal laws it described as harmful to press freedom, as well as President Mahama’s post-inauguration commitment to safeguard freedom of expression under the 1992 Constitution.

Despite these high-profile promises, the MFWA stated that recent developments suggest a stark disconnect between administrative commitments and the harsh enforcement trends observed on the ground since January 2025, with multiple arrests recorded over comments made across traditional and social media platforms.

Vague Laws Open to Abuse

The foundation listed a diverse group of victims caught in the recent legal net, including traditional journalists, independent bloggers, TikTok content creators, and mainstream political figures. These individuals were arrested under charges tied to alleged false publications, digital threats, and public comments deemed offensive or capable of inciting public disorder.

The group reiterated that Section 208 of the Criminal Offences Act—which criminalises publications likely to cause fear or alarm—and Section 76 of the Electronic Communications Act—which targets false electronic communications—remain fundamentally flawed because they are broadly worded and highly vulnerable to selective interpretation by the government of the day.

“While these laws were intended to preserve public order and safety, their vague wording creates room for abuse and politically motivated enforcement,” the MFWA stated.

While the MFWA clarified that it fully supports legitimate state efforts to curb dangerous incitement and harmful misinformation, it maintained that the current aggressive enforcement pattern risks permanently undermining constitutional guarantees of free expression.

Consequently, the MFWA urged the government to halt what it described as the “discriminatory and disproportionate” application of the laws. At the same time, the foundation issued a cautious warning to media organisations, content creators, and political actors, urging them to avoid abusive or inflammatory rhetoric that could heighten social tensions.

The organization concluded by renewing its urgent call for Parliament to completely repeal Section 76 of the Electronic Communications Act and Section 208 of the Criminal Offences Act, arguing that both provisions require immediate legislative reform to align with democratic standards and safeguard the country's free speech traditions.