Lawyer Cautions Against Recording, Sharing Indecent Content Without Consent

Legal practitioner, Nicholas Osei Darkwa, has cautioned the public against recording or sharing images and videos of people without their consent, warning that such actions constitute criminal offences under Ghana’s laws.

Speaking on Nkwantannanso on Opemsuo Radio, Lawyer Osei Darkwa said Article 18 of the 1992 Constitution guarantees the right to privacy, while the Cybersecurity Act, 2020 empowers the state to investigate and prosecute cyber-related offences.

He explained that sharing indecent or harmful content goes beyond moral wrongdoing and constitutes a criminal offence, noting that those who forward such material are equally liable under the law.

“If you forward or share indecent material, you commit an offence just like the original creator,” he stated.

The lawyer noted that posting such content can cause serious emotional and psychological harm to victims, including anxiety and distress, especially when the individual involved is vulnerable, such as after an accident.

“In situations where a person is vulnerable, taking pictures and sharing them is completely against the law,” he said.

Lawyer Osei Darkwa clarified that recording someone without consent is generally unlawful, except in public spaces. Even in such cases, individuals retain the right to object to how their image is used.

“If someone posts your picture or video and you are uncomfortable with it, you have the right to ask the person to take it down,” he explained.

He added that where a person refuses to remove such content, the affected individual may escalate the matter by reporting to the social media platform hosting the content or seeking legal redress.

The lawyer further advised victims to gather evidence before making a report, stressing that screenshots or recordings are essential because online content can easily be deleted.

“Once a report is made and the content is deleted, it becomes difficult to prove the offence without evidence,” he cautioned.

Beyond the legal implications, Lawyer Osei Darkwa appealed to the public to exercise restraint and empathy online.

“We must also rely on our conscience and ask ourselves whether we would share such content if it involved us or a member of our family,” he said.