CDD Warns of ‘Backdoor’ Legal Libel; Sluggish Tempo on Key Duty Reforms – Life Pulse Daily

Introduction

The Centre for Democratic Development Ghana (CDD-Ghana) has issued a strong warning about potential threats to press freedom and the slow progress of anti-corruption reforms under the John Dramani Mahama administration. In a comprehensive one-year assessment released on February 19, the civil society organization highlighted critical governance gaps that could undermine Ghana’s democratic progress. This analysis examines the key findings of the report and their implications for Ghana’s media landscape and institutional integrity.

Key Points

Background

The CDD-Ghana assessment comes at a critical juncture in Ghana’s democratic journey. Since assuming office, the Mahama administration has promised significant reforms to strengthen democratic institutions and combat corruption. These commitments include repealing restrictive press laws, establishing robust anti-corruption frameworks, and enhancing transparency in public office. However, the civil society organization’s evaluation suggests that progress has been slower than anticipated, raising concerns about the government’s commitment to these fundamental democratic principles.

Analysis

Press Freedom Concerns

CDD-Ghana’s warning about the potential return of criminal libel through alternative legal provisions represents a significant concern for media practitioners and civil society. The organization notes that cases which should be handled as civil defamation disputes are increasingly being pursued as criminal matters by state security agencies. This approach effectively resurrects the chilling effect that criminal libel laws had on journalism and public discourse.

The use of the “publication of false news” provision under the Criminal Offences Act appears to be the mechanism through which this backdoor approach operates. This development is particularly troubling because it suggests a deliberate circumvention of the government’s own promises to repeal anti-press freedom legislation. When security agencies become involved in defamation cases, it creates an environment of intimidation that can suppress investigative journalism and discourage whistleblowers from coming forward with information about corruption or wrongdoing.

Anti-Corruption Framework Transition

The transition from the National Anti-Corruption Action Plan (NACAP I) to the National Ethics and Anti-Corruption Action Plan (NEACAP) represents a structural change in Ghana’s approach to fighting corruption. CDD-Ghana acknowledges this move as potentially positive, particularly noting the framework’s placement under the Office of the President, which could enhance coordination and oversight.

However, the organization emphasizes that the success of NEACAP will depend entirely on implementation rather than structure alone. The record of NACAP I, which suffered from underfunding and weak political commitment, serves as a cautionary tale. Without genuine political will and adequate resources, even the most well-designed anti-corruption framework risks becoming another document gathering dust on government shelves.

Legislative Delays

The absence of the Conduct of Public Officers Bill remains a significant gap in Ghana’s governance architecture. This legislation is widely viewed as essential for establishing clear standards for public officials regarding conflicts of interest, asset declaration, and ethical conduct. While the government has introduced a Code of Conduct for Appointees, CDD-Ghana argues that this measure falls short of the comprehensive legislative framework needed to ensure accountability.

The delay in passing this bill represents an unfulfilled campaign promise and suggests either a lack of prioritization or resistance to the transparency measures it would introduce. In a country where public trust in institutions has been eroded by corruption scandals, the absence of clear legal standards for public conduct represents a missed opportunity to restore confidence in governance.

Practical Advice

For citizens concerned about these developments, several actions can help protect democratic space:

– Support independent media organizations that continue to practice investigative journalism despite challenges
– Engage with civil society organizations working on press freedom and anti-corruption issues
– Monitor legislative progress on key reform bills and communicate with elected representatives about their importance
– Document and report instances where security agencies appear to be overreaching in defamation cases
– Participate in public forums and consultations on governance reforms to ensure citizen voices are heard

FAQ

Conclusion

CDD-Ghana’s assessment provides a sobering evaluation of Ghana’s progress on key democratic reforms. While the government has made some structural changes, such as transitioning to NEACAP, the organization’s warning about the potential return of criminal libel through alternative legal provisions is particularly concerning. The involvement of security agencies in defamation cases threatens to undermine press freedom and civic space, while delays in passing crucial legislation like the Conduct of Public Officers Bill represent missed opportunities for strengthening accountability.

The coming months will be critical in determining whether the Mahama administration can translate its policy commitments into meaningful governance improvements. Accelerated legislative action, genuine political commitment to anti-corruption efforts, and a clear respect for press freedom will be essential indicators of progress. Without these elements, Ghana risks seeing its democratic gains eroded by the very challenges that reforms were meant to address.