Journalists in Ghana can avoid defamation liability by adhering to best practices in reporting, according to Zakaria Tanko Musah. The lecturer at the University of Media, Arts and Communication (UniMAC) made this statement on July 7.
Musah reassured media practitioners that defamation law does not stop strong reporting. He stressed that journalists can shield themselves from legal responsibility by meeting basic standards of responsible journalism. This guidance comes as Ghana faces increasing defamation lawsuits against media houses and individual journalists.
This advice is crucial in Ghana's media landscape, where several high-profile defamation suits have emerged. Many fear these legal actions could stifle investigative journalism and public interest reporting. Earlier this year, the Ghana Journalists Association (GJA) raised concerns about powerful individuals using defamation suits to silence journalists. Such cases can lead to significant financial penalties, impacting the sustainability of smaller news organizations.
Speaking on JoyNews’ The Law, Mr. Musah acknowledged the growing number of defamation suits. He said these suits should not make journalists afraid to publish stories that serve the public interest. “It’s not all doom and gloom,” Musah explained, countering the idea that journalists cannot write about anyone. He added that the law provides several defenses for journalists if they follow correct procedures before publishing.
Musah highlighted that courts acknowledge the important role journalists play in a democratic society. Judges consider this role when evaluating defamation claims. This is especially true when journalists act responsibly and without bad intentions (malice). He emphasized that verifying facts, acting fairly, and avoiding malice are key professional duties. If journalists perform these duties, they have a good chance of successfully defending themselves in court.
The implications of Musah's statements are clear for both journalists and the public. Journalists must strengthen their adherence to ethical guidelines and fact-checking processes. This will reduce their legal risks and maintain public trust. For the public, this provides assurance that essential news and investigative reports can continue without undue fear of legal retaliation. Decision-makers and legal bodies may also review existing defamation laws to ensure a balance between protecting individual reputations and upholding press freedom. This will ensure that media operations continue to inform and hold power accountable, which is vital for Ghana's democratic health and economic transparency.