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Home Featured

Cybersecurity Bill faces backlash over privacy and free speech risks

Mabel Boamah by Mabel Boamah
2 months ago
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Cybersecurity Bill faces backlash over privacy and free speech risks
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Ghana’s proposed Cybersecurity (Amendment) Bill, 2025, has sparked a wave of public concern, with experts and policy advocates warning that the draft legislation could threaten citizens’ privacy, restrict online freedoms, and grant excessive powers to state agencies if passed in its current form.

The Vice President for Innovation and Technology at IMANI Africa, Selorm Branttie, has been among the most vocal critics of the bill, describing it as “ambiguous, overly broad, and potentially draconian.”

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Speaking in an interview with Joy FM, Mr. Branttie said while the bill aims to enhance national cybersecurity, its vague definitions and sweeping language could open the door to abuse, arbitrary interpretation, and political misuse.

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“A lot of the lettering for the Cybersecurity Bill, for example, is ambiguous in terms of the kinds of offenses that are being discussed. The ramifications for contravening some of these offenses make them draconian and unsuitable for the current day and age,” he stated.

Ambiguity and Overreach

Mr. Branttie explained that several provisions in the proposed amendment fail to distinguish between minor online misconduct and serious cybercrime, effectively treating all infractions under one punitive framework.

He warned that such an approach risks criminalising ordinary digital behaviour, including harmless online activities that many Ghanaians engage in for privacy, entertainment, or professional reasons.

“You are looking at things that could either be minor or major, and bottling it up into just one category and then criminalising all of it,” he said.

Citing examples, Mr. Branttie noted that many people use secondary social media accounts or alternative digital identities to maintain professional boundaries or protect personal safety—particularly journalists, whistleblowers, and women facing online harassment.

However, under the current draft, such actions could easily be misconstrued as deceptive or fraudulent, creating fear and self-censorship among internet users.

Potential for Abuse

IMANI Africa’s technology policy lead also cautioned that the broad enforcement powers granted under the bill could be exploited to target critics of government or opposition voices, especially in a politically charged environment.

“It’s dangerous to have laws like this dictating the government’s or security apparatus’ response to digital activity,” Branttie warned.
“In the wrong hands, this could be used to abuse personal rights and target political opponents or individuals perceived as unfriendly to those in power.”

He urged Parliament to reconsider the bill’s structure, warning that without precise legal definitions and oversight mechanisms, the amendment could erode public trust and harm Ghana’s image as a democratic nation that values free expression.

Calls for Wider Consultation

Mr. Branttie recommended that the Communications Committee of Parliament—currently reviewing the draft—should open the process to civil society organisations, legal experts, digital rights groups, and private sector stakeholders.

According to him, such consultation would help refine the bill to reflect the realities of modern digital behaviour while maintaining robust national security measures.

“What we need is a cybersecurity framework that protects the state without violating the rights of the people,” he said.
“That balance can only be achieved if lawmakers listen to those who understand technology and human rights in equal measure.”

Background of the Bill

The Cybersecurity (Amendment) Bill, 2025 seeks to revise Ghana’s Cybersecurity Act, 2020 (Act 1038) to respond to emerging cyber threats, improve the capacity of security agencies, and align national law with evolving international cybersecurity standards.

The amendments are expected to expand the authority of the Cyber Security Authority (CSA), strengthen enforcement mechanisms, and introduce new offences related to online identity, misinformation, and digital espionage.

While government sources have argued that the update is necessary to protect citizens and critical infrastructure, rights advocates and policy analysts warn that the draft—if left unchanged—could infringe on constitutional freedoms, including privacy, data protection, and free speech.

Broader Public Reactions

The bill has generated significant debate among digital rights groups, journalists, and social media users, many of whom fear that it could mirror restrictive cyber laws adopted in other African countries, where governments have used cybersecurity frameworks to surveil citizens and silence dissent.

The Africa Digital Rights Hub, Media Foundation for West Africa (MFWA), and other advocacy organisations are expected to submit memoranda to Parliament in the coming weeks as part of public consultations.

Meanwhile, IMANI Africa says it will continue to monitor the process and provide technical policy input to ensure that the final legislation protects both national security and digital freedoms.

Next Steps

The bill is currently before Parliament’s Communications Committee, which is reviewing stakeholder submissions ahead of a second reading. Public hearings are expected to continue through November 2025, with the final version likely to be presented for passage before the end of the year.

If enacted, the Cybersecurity (Amendment) Bill will mark one of Ghana’s most significant digital policy reforms since the passage of Act 1038 in 2020.

However, with growing concerns over its scope and enforcement, the coming weeks will determine whether Parliament can strike the delicate balance between security and liberty in Ghana’s digital age.

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Tags: Cybersecurity BillData ProtectionDigital RightsFree SpeechIMANI AfricaSelorm Branttie
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