Ghana’s constitutional guarantee of free speech does not give citizens unfettered licence to make harmful statements, a legal practitioner has said, stressing that defamatory expression remains punishable under law.
Gideon Tetteh, a law lecturer at Wisconsin International University College, told Asaase Radio’s TownHall Talk on Friday (22 May) that while Article 21 of the 1992 Constitution guarantees freedom of expression, that right is not absolute.
“Freedom of expression is a fundamental human right, but it must not be exercised in a way that injures another person’s reputation,” he said.
Tetteh explained that the growing number of arrests linked to public commentary — particularly on social media — reflects increasing public awareness of legal boundaries rather than shrinking democratic space.
“There is a level of enlightenment now. People are beginning to understand that you cannot just say anything and go scot-free,” he said.
He pointed to defamation as a key legal threshold, noting that even statements believed to be true could still attract legal consequences if not carefully framed.
“You may be on the tangent of being right, but if you don’t say it properly, it becomes defamatory,” he said.
The legal expert advised citizens to prioritise civility and accuracy in public discourse, arguing that respectful and evidence-based commentary would rarely attract sanctions.
“You don’t need the law to tell you what not to say. If you are courteous, objective and grounded in fact, you are safe,” he added.
His remarks come amid a series of high-profile arrests in Ghana linked to alleged offensive conduct and false publication, raising concerns among opposition figures and civil society groups about the state of free expression.
Tetteh, however, dismissed claims of systemic repression, saying due process — including arrest and investigation — does not equate to guilt.
“Being invited or arrested is part of procedure. It does not mean the person is guilty,” he said.
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