Ghana Defamation Laws: Civil Only, After 2001 Repeal

Defamation in Ghana is now a civil matter only. Parliament repealed criminal libel and seditious libel in 2001 through the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602), so a defamed person sues for damages in tort rather than seeking a prosecution.

Is defamation civil or criminal in Ghana?

Defamation in Ghana is a civil matter. Until 2001, libel could be prosecuted as a crime, and the criminal libel and sedition laws had been used against journalists. That changed when Parliament unanimously passed, and the President assented to, the Criminal Code (Repeal of Criminal Libel and Seditious Laws) (Amendment) Act, 2001 (Act 602), which removed the criminal libel and seditious libel provisions from the Criminal Code in August 2001. Since then, defamation has been pursued only as a civil action in tort, where the remedy is damages and, where appropriate, an injunction, rather than a criminal penalty. Ghanaian courts continue to develop the common-law principles of libel and slander, and for spoken words customary law also recognises a claim. The repeal is widely regarded as a landmark advance for press freedom in Ghana.

What counts as defamation?

A statement is defamatory in Ghana, under common-law principles, if it tends to lower the claimant in the estimation of right-thinking members of society, or to expose them to hatred, ridicule or contempt, or to injure them in their office, profession or trade. As at common law, defamation divides into libel and slander. Libel is defamation in a permanent form, including writing, print, broadcasts and online publications, and is actionable per se, meaning without proof of special damage. Slander is spoken defamation and generally requires the claimant to prove actual loss, subject to recognised exceptions such as imputing a crime or unfitness for a profession. To succeed, a claimant must generally show that the words were defamatory, that they referred to the claimant, and that they were published to a third party. Under Ghanaian customary law a claim lies for spoken words, but writing is not recognised, and truth is notably not a defence in that customary regime.

The 2001 repeal of criminal libel

The decriminalisation of libel in Ghana is the central fact of this area of law. The table sets out what changed.

Watch out: Decriminalising libel did not make defamatory speech lawful. It changed the remedy. A person who is defamed in Ghana can still sue for substantial damages and may obtain an injunction, and Ghanaian courts have awarded sizeable sums in civil defamation cases.

What defences are available?

The common law gives a defendant several defences. Justification, meaning that the statement is substantially true, is a complete defence, because a true statement cannot be defamatory regardless of the defendant's motive. Fair comment protects an honestly held opinion on a matter of public interest, provided it is based on true facts and made fairly and honestly rather than maliciously. Privilege protects statements made on protected occasions: absolute privilege covers, for example, statements in court and parliamentary proceedings, while qualified privilege covers occasions where the maker has a duty or interest in communicating and the recipient a corresponding interest in receiving the statement. Qualified privilege is defeated if the claimant proves the statement was made with malice. Consent of the claimant to the publication can also be a defence. Under customary law, by contrast, the defence of truth is not available for slander.

Remedies and damages

Because defamation in Ghana is civil, the remedies are civil. The main remedy is damages, which compensate the claimant for the injury to reputation and vindicate their good name. Courts award general damages, presumed in libel, and special damages where actual financial loss is proved. There is no statutory cap, and the amount depends on factors such as the gravity of the allegation, the extent of publication and the conduct of the defendant, including any refusal to apologise or any repetition. The court may also grant equitable relief, such as an injunction to restrain further publication or an order to correct or retract, although equitable remedies are at the court's discretion rather than available as of right. An apology or correction can be relevant to reducing the damages awarded.

Limitation period

Limitation in Ghana is governed by the Limitation Act, 1972 (N.R.C.D. 54). For slander, an action to claim damages must be brought within two years from the date on which the cause of action accrued. The specific two-year limitation for slander does not apply in the same way to libel, so the timing rules differ between the two forms of defamation. Because the limitation analysis can turn on whether the words are spoken or in permanent form and on the precise date the cause of action accrued, a prospective claimant should act promptly and obtain advice on the applicable period rather than assume a single deadline covers all defamation claims. Acting quickly also helps preserve evidence of the publication and its circulation.

Online defamation and how to sue

Defamatory statements published online are treated as libel, because they are in a permanent and published form, and are actionable in the ordinary way for damages and, at the court's discretion, an injunction. A defamatory post on a website, blog or social media platform can ground a claim against the author and potentially against others who repeat or republish it. To bring a claim, a person typically sends a demand or pre-action letter seeking a retraction, apology and damages, and then files a writ in the High Court, which hears defamation claims without a jury. The claimant pleads the defamatory words, their meaning, the reference to the claimant and the publication, and the defendant may raise justification, fair comment or privilege. Where ongoing harm needs to be stopped, the claimant can apply for an injunction to restrain further publication or compel removal of online content.