A businessman is called a thief on Facebook. A pastor is accused of sleeping with a church member on TikTok. An MP is labelled corrupt on WhatsApp.
Then the police show up.
“Publishing false news likely to cause fear and alarm to the public,” they say. Section 208 of the Criminal Offences Act, 1960. Handcuffs click. Phones seized. Charges read.
But there’s a problem. Section 208 was not made for this.
What Section 208 Actually Says
Section 208 targets false statements “likely to cause fear and alarm to the public, or to disturb the public peace.” The keyword is public.
Think: “There’s a bomb at Makola Market.” “Soldiers are staging a coup tonight.” “Cholera outbreak in all Accra hospitals.” These are statements that can send whole communities into panic. That’s what 208 is for.
It was not written to police insults, gossip, or lies about one person.
What Happens Instead
1. 2022, Accra: A blogger accuses a CEO of fraud. No public panic. No stampede. Just reputational damage to one man. Police arrest under Section 208. The CEO could have sued for defamation and won damages. Instead, the State uses criminal law to fight a private battle.
2. 2023, Kumasi: A woman calls another woman a “prostitute” in a community WhatsApp group. Arrested for false publication. The “public” was never alarmed. The insulted woman was. That’s a civil defamation case, not a criminal one.
3. 2024, Tamale: Radio pundit says an MP took bribes. No evidence of market shutdowns or chaos. Police invite him under 208. The MP has courts for defamation if it’s false. The State does not need to jail him.
Why The Confusion Matters
1. It chills speech: When police treat personal insults as national security threats, ordinary Ghanaians stop talking. You can’t criticize a DCE without fearing cells. That was never the point of 208. The Constitution guarantees free speech. Defamation law balances that with reputation.
2. It wastes police time: CID officers chasing Facebook feuds are not chasing armed robbers. Section 208 arrests for personal lies clog dockets. Meanwhile, real “fear and alarm” cases, like false kidnapping alerts, get less attention.
3. It’s being weaponized: Politicians and powerful people know civil defamation takes time and money. But a Section 208 complaint is free. One call to the police, and your critic spends the weekend in cells. Conviction rates are low, but the process is the punishment.
The Legal Line Ghana Keeps Crossing
Defamation – False statement that harms one person’s reputation. Remedy: Sue in Court. Ask for money, apology, retraction. It’s civil. No jail. The person wronged fights their own case.
Section 208 – False statement that threatens public order. Remedy: State prosecutes. Possible jail. The public is the victim, not one individual.
Calling Kwame a thief to 50 people hurts Kwame. It does not make Kaneshie Market empty. That’s defamation.
Saying “Kaneshie Market is on fire” when it’s not empties the market. That’s Section 208.
How Other Countries Draw The Line
Nigeria: Their version of 208 requires proof of actual public disorder or intent to cause it. Police can’t arrest for insults. Courts threw out cases where “fear and alarm” wasn’t proven.
Kenya: 2017, High Court declared a similar law unconstitutional for vagueness. Now, false speech is only criminal if it directly incites violence or ethnic hatred. Personal lies go to civil court.
South Africa: Criminal defamation was scrapped in 2023. False allegations – you sue. Police only step in if the lie triggers stampedes, riots, or health panics.
Fixing It In Ghana
1. Directive from IGP and Attorney-General: Tell all police stations. “If the complaint is ‘he lied about me,’ that’s not 208. Advise the person to see a lawyer for defamation.” Train officers on the difference.
2. Judges must be strict: When 208 cases hit court, demand evidence of public fear. Not “I was embarrassed.” Not “my family called me.” Actual proof of public alarm. No evidence, no case. Discharge fast.
3. Amend Section 208: Parliament should add clear language. “This section does not apply to false statements concerning the reputation of an individual unless it results in widespread public disorder.” Close the loophole.
4. Educate the public: Many Ghanaians think police are the first stop for any lie. NADMO, NCCE, and the GJA should run ads. “Defamed? Lawyer up. Not police up.”
If someone lies that you stole, sue them. If someone lies that Ridge Hospital is poisoned, jail them.
Ghana has defamation law for the first. We have Section 208 for the second. Using 208 for personal beef is like using a fire extinguisher to kill a mosquito. You damage the room, and the mosquito was never the target.
The law protects public peace, not private egos. Let’s keep it that way.
When the next Facebook insult lands, ask yourself: Did the nation panic, or did I? If it’s just you, call a lawyer. Leave the police for armed robbers and real alarms.