Exercising freedom of speech, expression

The right to free speech and expression is a fundamental human right.

This right gives the opportunity to hold any opinion at all, freely express those opinions whether in speech, writing, artistically or in any other form deemed necessary.

These expressions may educate, inspire, correct, among others.

This right also strengthens the tenets of democracy giving citizens the opportunity to demand accountability from their leaders among many others.

Article 21 (1) (a) of the 1992 Constitution states that: All persons shall have the right to freedom of speech and expression, which shall include freedom of the press and other media.

Freedom of speech and expression is also protected in Article 19 of the International Covenant on Civil and Political Rights (ICCPR).

Article 19 (1) and (2) of the ICCPR states that: Everyone shall have the right to hold opinions without interference and everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

Not absolute

No government, person or group of persons should stop anyone from holding or expressing his or her opinions. However, the point must always be noted that the right to speech and expression is not an absolute right.

The ICCPR in Article 19 (3) notes that: “The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may, therefore, be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals.

Similar provisions can be extrapolated from Article 21 (4) (e) of the 1992 Constitution. Therefore, everyone exercising the right of speech and expression must be reasonable and responsible.

Blackstone states: “…Every free man has an undoubted right to lay what sentiments he pleases before the public; to forbid this is to destroy the freedom of the press; but if he publishes what is improper, mischievous or illegal, he must take the consequences of his own celerity, rashness or boldness”.

Adjabeng JSC in the case of Republic v Tommy Thompson Books Ltd, Quarcoo and Coomson, had this to say: “I think that one very serious mistake that people in this country make is to think and behave as if constitutional rule or democracy and /or freedom of speech or expression of the press mean freedom to do whatever one likes”.

2020 Election

Gradually, campaign activities are heating up in the run up to the 2020 general elections and the Commission wishes to remind all stakeholders of their sacred duty to maintain the peace: before, during and after the election.

CHRAJ notes how in the past, certain persons made wild remarks and allegations on various media platforms which caused some unnecessary tension in the country.

Many hide behind the ‘anonymity’ of social media to incite others through hate speech and offensive comments and such conducts have the tendency to derail the peace and undermine the credibility of elections.

In a report published (January 2020), titled “Protecting Electoral Integrity in the Digital Age,” the Kofi Annan Foundation noted that hate speech is a concern for electoral integrity, because it undermines the mutual security necessary for peaceful contestation.

It is also a weapon for those candidates and parties who stoke violence in order to suppress voting by their opponents.

Call

The Commission, therefore, calls on all political parties to conduct their campaigns based on issues, superior arguments and not focus on personalities. All expressions that seek to denigrate an opponent and scandalise others who hold different political views must be eschewed.

Politicians who incite their followers to cause mayhem, making vile, unsubstantiated allegations must not be given media attention.

The media must also verify facts, particularly those that have political undertones before they publish. People who hide behind social media to publish falsehood and incite others must also beware of their actions.

Beyond the 2020 elections, Ghana as a sovereign state must stand stronger and secure for its citizens and posterity the blessings of ‘liberty, equality of opportunity and prosperity’.

By the Human Rights Department,
Commission on Human Rights and Administrative Justice (CHRAJ).