A-G Defends Limits on Free Speech

Attorney-General Dominic Akuritinga Ayine has defended the government’s approach to free expression, saying it allows for reasonable limits to protect public order and morals.

Addressing the press on the recent arrests of bloggers and politicians over their comments, he said the debate over free speech in Ghana is being exaggerated by a minority.

“I think that a minority is exaggerating a lot with respect to the question of guardian of free speech,” he said. “There are limits.”

Referencing Article 21 which guarantees the right to free speech and the right to demonstrate, he noted that the law also provides for restrictions.

“Article 21, which guarantees the fundamental right to free speech, to the right to demonstrate, okay, and then the general freedoms of Ghanaians… but there are limits,” he said.

“You can limit free speech if for instance it is something that can undermine public order, public morals, and for law enforcement reasons.”

The Attorney-General cited incitement to hatred as an example of speech that cannot be permitted.

He referenced the role of radio broadcasts in the 1994 Rwandan genocide to underscore the potential consequences of unchecked inflammatory speech.

“If someone for instance is inciting hatred in our society, we do not expect that the minority will say that we should sit down idle as a government and allow that person to go on,” he said.

“Those are some of the things that led to wars in countries such as Rwanda… it was the use of the radio in the media that incited the genocide that eventually took place in Rwanda.”

He defended President John Dramani Mahama’s supports free speech, noting the president’s background in communication.

“The President of the Republic, His Excellency John Dramani Mahama, is one of the supporters of free speech because he himself is a communicator specialist,” he said.

“He understands the importance of free speech in a democratic society.”

He added that as the government’s chief legal officer, he also values free expression but would not allow it to be used to incite unrest.

“As Attorney General I do understand the importance of free speech in a democratic society, and I would be the last person to want to undermine the rights of our citizens to freely express themselves,” he said.

“But I should also not be the person who will sit idle when matters are being taken into the hands of citizens when it comes to free expression.”

He declined to comment on a specific ongoing case, saying the matter was before the courts.

“I don’t want to comment specifically on what is the subject matter because it is pending in court.”

“But I believe that this government would uphold the freedom of every Ghanaian to freely express themselves.”

Story by Linda Asare