Dr Bernard Okoe Boye says while the fight against misinformation is legitimate, criminal sanctions for online speech risk harming innocent citizens and silencing democratic participation.
He agreed that fake news has become a threat but stressed that public officials must absorb criticism.
“Oh, of course we have a problem with fake news,” he admitted on Good Morning Ghana monitored by MyNewsGh.
“But democracy allows both the wise and the fool to speak. Some people do not even have the cognitive power to understand what they are saying, but you do not silence them.”
He emphasised that legal consequences should be civil, not criminal.
“If you insult someone or damage their reputation, the place is a civil court,” he said. “You try as much as possible not to put people in handcuffs for comments.”
Dr Okoe Boye pointed to recent cases involving young women detained for online speech as proof of dangers.
“They were moved from one region, kept in cells for two weeks,” he lamented. “For speech, not a gun or knife. Before a judge even determines bail, they have gone through punishment.”
According to him, the existing legal system already deters reckless speech without criminalising it.
“Even driving to court and getting a lawyer is enough deterrence,” he argued. “Next time you will think before writing.”
