Private legal practitioner Samson Lardy Anyenini warned on Joy Prime that insults are not automatically criminal under Ghanaian law, but some forms of abusive language can attract legal consequences, including imprisonment and substantial financial penalties. He said people who use insults to make damaging allegations, issue threats of harm or death, or spread false information capable of causing fear and panic must be mindful of the legal implications of their statements.
Speaking during a Joy Prime dialogue on “The Politics of Insults: Where Do We Draw the Line?”, Mr Anyenini explained that the legality of an insult depends on the nature of the statement and the circumstances in which it is made. “Insults generally by our criminal laws are not crimes. But there could be a crime in an insult,” he said, warning that insulting another person does not give complete protection from prosecution or other legal action.
He noted that some insults could expose individuals to civil action for defamation, particularly when they involve allegations about a person's health, family life, fertility or conduct that could damage their reputation. Using HIV/AIDS or other stigmatised medical conditions as a means of insulting someone could lead to defamation claims, he added, and a person found liable could be ordered to pay substantial damages.
Mr Anyenini also warned that insults accompanied by threats could cross the line into criminal conduct. Threats of harm are a misdemeanour punished by up to three years in jail, while threats of death are a felony punishable by up to ten years in jail. He urged the public to understand that describing threatening language as an insult does not necessarily protect the person making it from criminal liability.
His comments come amid ongoing debate about abusive language in political discourse and the extent to which individuals should be held accountable for statements made against opponents. Mr Anyenini further drew attention to Section 28 of Ghana's Criminal Offences Act, 1960 (Act 29), which could have implications for people who make false claims and allegations. He illustrated his point with a hypothetical example involving allegations that medicine imported by the state for public health purposes was fake or intended to harm the public, warning that such claims could expose the person responsible to legal action if the statements were false and met the legal requirements for the relevant offence.
As the legal landscape evolves, Mr Anyenini urged the public to understand the risks associated with publishing unsubstantiated claims and to seek legal advice before making potentially defamatory or threatening statements.
