A former Member of Parliament for Tamale Central, Inusah Fuseini, has weighed in on the growing debate over the use of the Electronic Communications Act against journalists, stating that the law was not originally intended to regulate media practice.

Speaking in an interview on Joy FM’s Top Story on Wednesday, April 29, the lawyer explained that the primary purpose of the Act is to regulate electronic communications and control conduct within that space, not to target journalists in the course of their professional duties.

“The purpose of the Act is captured in its content—to regulate electronic publications,” he said. “Laws in society are meant to control behaviour and regulate how citizens exercise their rights and carry out lawful activities.”

According to him, while the law provides a framework for managing electronic communication, its application to journalism raises important legal questions that may ultimately require judicial interpretation.

“It is my view that this particular law was not intended to regulate the conduct of journalists, but perhaps that is a matter the courts will have to determine,” he noted.

Mr. Fuseini also addressed concerns that the law is being used to criminalise issues that would otherwise fall under civil jurisdiction, particularly in relation to media publications.

Clarifying the legal distinction, he stressed that such cases are not necessarily a conversion of civil matters into criminal ones, but rather involve the application of specific provisions within criminal law.

“It is not a civil matter that has turned into a criminal matter. When the Criminal Libel Law was repealed, the only option left for libellous publications in the media was civil action,” he added.

His comments come amid heightened concerns from the Ghana Journalists Association, which is heading to the Supreme Court of Ghana to challenge what it describes as the misuse of the law by security agencies to arrest and intimidate journalists.

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Electronic Communications Act Not Meant to Regulate Journalists' Work - Inusah Fuseini

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