Dear Mirror Lawyer, can I hold MTN/Telecel/AirtelTigo liable if a fraudster steals my money through a SIM swap?
Ibrahim Yakubu, Wa.
Dear Ibrahim, a SIM-swap fraud happens when a fraudster tricks a telecom company into transferring your personal details, like your phone number, to a new SIM card they can control.
Once that happens, they receive your SMS alerts and One-Time Password (OTP) and can access your mobile money or bank accounts.
In Ghana, you can hold telecommunication companies like MTN Group, Telecel Group, AirtelTigo, and others responsible if you lose money through a Subscriber Identity Module (SIM) swap, but only if you can show they were negligent.
For example, if the company did not properly verify someone’s identity before giving them access to your SIM card, or if one of its workers helped the fraudster, the company may be liable for your loss.
Ghana has laws that address this kind of situation, including the Cybersecurity Act, 2020 (Act 1038), the Electronic Transactions Act, 2008 (Act 772), and the Data Protection Act, 2012 (Act 843).
These laws regulate online activities, protect personal information, and address cyber-related crimes like mobile money fraud.
For you to hold the telecommunication companies liable under the law for negligence, you must be able to prove that the company owed you a duty of care and that it must protect your SIM and identity; they breached that duty by allowing your SIM card to be swapped without proper identification (ID) and lastly, you suffered loss through money stolen from your account.
However, telcos may escape liability if you shared OTP or Personal Identification Number (PIN) with scammers, or if your SIM was improperly registered or linked to your Ghana Card.
Finally, if you are a victim of SIM-swap fraud, report it immediately to your telco and the Ghana Police Service to block the SIM and start an investigation.
You can also file a complaint with the National Communications Authority to investigate cases where the telco has violated its guidelines.
