…‘Death threats constitute criminality, not freedom of expression’
A sharp disagreement over the limits of freedom of expression and the criminalization of speech emerged at the 30th Ghana Journalists Association (GJA) Media Awards in Accra on Saturday, November 7, 2026, when Minority Leader Alexander Afenyo-Markin appealed for a presidential pardon for jailed TikToker Camilla Alhassan, while the government’s chief spokesperson, Felix Kwakye Ofosu, strongly condemned threats against President John Dramani Mahama and his family.
The two political figures presented contrasting positions on the application of criminal laws to offensive and threatening statements, particularly those made on social media, bringing renewed attention to the delicate balance between constitutional freedoms, political tolerance and public safety.
Mr Afenyo-Markin, who is also the Member of Parliament for Effutu, urged President Mahama to exercise his constitutional prerogative of mercy in favour of Camilla Alhassan, an activist of the opposition New Patriotic Party (NPP), who was sentenced to one year in prison following a TikTok video containing insulting and threatening remarks about the President and First Lady, Lordina Mahama.
However, Mr Kwakye Ofosu, the Minister of State in charge of Government Communications, who represented President Mahama at the ceremony, maintained that threats to kill a sitting President and his children could not be justified under the constitutional guarantee of freedom of expression.
He warned political leaders against defending criminal conduct merely because those involved belonged to their political parties or because such actions served their partisan interests.
The exchanges took place at the Palms Convention Centre at the La Palm Royal Beach Hotel, where journalists, media executives, political leaders, and other dignitaries gathered to celebrate excellence in journalism and discuss the growing challenges of hate speech in the digital age.
The ceremony was held under the theme, “Celebrating Excellence, Advancing Media Freedom and Combating Hate Speech in the Digital Age.”
Speaking at the event, Mr Afenyo-Markin expressed concern about what he described as the increasing use of criminal legislation to prosecute citizens and journalists for statements made in the exercise of their constitutional rights.
He argued that although irresponsible speech, misinformation, hate speech and incitement should not be encouraged, the criminal justice system should not become the default mechanism for dealing with political criticism, satire, disagreements or even honest mistakes.
“Let me be clear, our purpose as a Minority is not to defend irresponsible speech. We do not defend lies. We do not defend hate speech. We do not defend incitement. We do not defend reckless publications that destroy reputations, endanger lives or undermine public peace. Freedom of expression is not a licence for irresponsibility,” he stated.
The Minority Leader nevertheless insisted that Ghana’s democratic development required greater tolerance of dissenting opinions and criticism of public officials.
“What should not happen is that disagreements, criticism, satire, political comments, or even an honest mistake should become the basis for criminal prosecution and imprisonment,” he argued.
He subsequently appealed directly to President Mahama to consider granting clemency to the imprisoned NPP activist.
“I appeal to the President to consider pardoning Camilla Alhassan,” he said.
The appeal came against the backdrop of growing debate over the conviction and imprisonment of the TikToker, whose comments about the President and First Lady had attracted widespread condemnation.
While some have argued that her remarks crossed the boundaries of acceptable political discourse, others have questioned whether imprisonment is an appropriate response to offensive political statements made on social media.
Mr Afenyo-Markin used the occasion to renew the Minority’s demand for the repeal of Section 208 of the Criminal Offences Act, 1960 (Act 29), and Section 76 of the Electronic Communications Act, 2008 (Act 775).
According to him, the provisions have increasingly become instruments through which citizens and journalists risk criminal prosecution over statements and publications.
“Our caucus is concerned about the growing use of the so-called fear and panic provisions in Section 208 of the Criminal Offences Act to prosecute citizens and journalists for what they say or publish,” he said.
He maintained that the provision had no place in a democratic society committed to protecting freedom of expression and press freedom.
“Our caucus takes the view that Section 208 has no place in Ghana’s democracy. Its use to prosecute citizens and journalists for what they say or publish is fundamentally at odds with the freedoms of speech and of the press that are constitutional guarantees,” he declared.
Section 208 of the Criminal Offences Act criminalizes the publication or reproduction of false statements, rumours or reports likely to cause fear and alarm or disturb public peace, where the publisher knows or has reason to believe that the information is false.
Section 76 of the Electronic Communications Act, meanwhile, addresses the knowing transmission of false or misleading electronic communications likely to prejudice the efficiency of life-saving services or endanger safety.
The Minority Leader argued that civil remedies, including defamation proceedings, retractions, apologies and compensation, should be prioritized in appropriate cases involving false publications and reputational damage.
“The answer to bad speech must not always be the criminal law. The answer to falsehood must be truth. The answer to propaganda must be fact. The answer to hate must be ethical journalism, public education and, where necessary, civil remedies. The answer must never be a return to the politics of fear,” he said.
He also cautioned against the use of expensive and burdensome civil lawsuits by powerful individuals to intimidate journalists and ordinary citizens.
“We will not accept a system in which the powerful use burdensome lawsuits not to protect their reputation, but to bankrupt journalists, exhaust editors and frighten citizens into silence. Justice must never become an instrument of intimidation,” he added.
However, Mr Kwakye Ofosu, speaking on behalf of President Mahama, drew a distinction between legitimate criticism and statements that threatened violence against political leaders and their families.
Although he acknowledged the importance of protecting freedom of expression, the Minister insisted that threats of murder could not be treated as ordinary political speech.
“For instance, threatening to kill a president and his children is not free speech. It is brazen criminality. We, as political leaders, must not lend support to this level of criminality only because it enures to the benefits of our political fortunes,” he declared.
The Minister warned that political leaders had a responsibility to condemn threats of violence consistently, irrespective of the political affiliations of those responsible.
He argued that the protection of democratic freedoms must not be confused with tolerance for criminal threats or deliberate incitement to violence.
“Democracy thrives on disagreement, and what it cannot accommodate is the deliberate incitement of hatred, violence, and intolerance. A clear distinction must be struck between criminal conduct and the expression of free speech,” he stated.
Mr Kwakye Ofosu nevertheless cautioned against using the fight against hate speech as an excuse to suppress legitimate criticism of government officials.
He maintained that the Mahama administration remained committed to protecting journalists and allowing the media to scrutinise government policies, decisions and public expenditure without intimidation.
“We do not expect favourable headlines as a condition for engagement, nor do we expect journalists to surrender their editorial independence in the name of partnership,” he said.
“Indeed, a government that is confident in its democratic credentials must be prepared to answer difficult questions and accept legitimate criticism.”
The Minister further stressed that the media must remain free to expose wrongdoing, question government decisions and demand accountability from public officials.
“The media must be free to criticize whenever there’s a shortfall, acknowledge achievements when we deliver, and demand explanations whenever the public interest requires it,” he added.
He also called for consistency among political leaders who profess support for media freedom, recalling instances in which journalists had allegedly been forced to flee Ghana because of threats arising from their publications.
Mr Kwakye Ofosu said genuine commitment to freedom of expression required political leaders to defend journalists even when their reports were politically inconvenient.
Turning to the safety of media practitioners, the Minister reiterated the government’s commitment to investigating attacks against journalists and holding perpetrators accountable.
“No journalist should be assaulted, threatened, or unlawfully detained for undertaking a legitimate professional assignment. Allegations of attacks, including those involving security personnel, must be investigated, and where wrongdoing is established, accountability must follow,” he said.
He also renewed the administration’s pledge to pursue justice for investigative journalist Ahmed Hussein-Suale, who was shot dead in Madina, Accra, in January 2019.
“Journalists in our country lost their lives in pursuit of accountability, and I refer to the unfortunate killing of Ahmed Suale, whose murder remains unsolved, and the government remains committed to unravelling it,” he stated.
No one has been convicted in connection with the journalist’s killing.
In October 2025, a suspect facing committal proceedings was discharged following advice from the Attorney-General, a development the GJA criticized as a serious setback in the pursuit of justice.
Article 21(1)(a) of the 1992 Constitution guarantees freedom of speech and expression, including freedom of the press and other media.
However, the Constitution also recognizes that fundamental rights and freedoms must be exercised with due regard for the rights and freedoms of others and the public interest.
While the Minority Leader’s position focuses on the potential misuse of criminal legislation to suppress dissent, the government’s spokesperson has emphasised the distinction between legitimate expression and threats of violence.
The debate also raises questions about the appropriate use of presidential pardons in politically sensitive criminal cases.
Under Article 72 of the Constitution, the President may exercise the prerogative of mercy, acting in consultation with the Council of State, including granting pardons to persons convicted of offences.
Whether President Mahama will consider the Minority Leader’s appeal on behalf of Camilla Alhassan remains uncertain.
GJA President Albert Kwabena Dwumfour used the occasion to express concern about continuing attacks on journalists, particularly those involving state security personnel.
He disclosed that three of the five attacks against journalists recorded in January 2026 involved security officers.
Mr Dwumfour insisted that journalists were not enemies of the state but partners in national development, warning that attacks on media practitioners undermined Ghana’s democratic credentials.
The GJA has recorded more than 50 incidents involving attacks, arrests and harassment of journalists between 2022 and January 2026.
The ceremony also recognized outstanding achievements in journalism, with Asempa FM’s Philip Osei Bonsu, popularly known as O.B., emerging as the 2026 GJA/P.A.V. Ansah Journalist of the Year.
The host of Ekosiisen, the station’s flagship current affairs programme, received the prestigious award in recognition of his contribution to journalism.
Other award winners included Mohammed Fugu of the Daily Graphic, who received the Best in Print News award, and freelance journalist Nabil Ahmed Rufai, who won Best in Television News for Stolen Childhood, an investigative report on child labour in Ghana’s fishing industry.
