Private Legal Practitioner, Amanda Clinton has urged young individuals to refrain from creating intimate images for partners or filming sexual encounters as it could damage their reputation in the future.
Speaking on Campus Exclusive on 30th November, 2023, the law expert emphasized the potential risks of such actions, stating that despite laws against sharing explicit content on social platforms, reputational damage may occur before legal action is taken against culprit.
“As a legal practitioner, I would advise people to ensure nobody takes images of them (being the boyfriend or girlfriend, the wife or the husband) because things change and even if it is just for the moment. There are laws in place which addresses the publication of obscene material, but the point is, the damage has been done in terms of the young life.”
Mrs. Clinton also highlighted how Ghana’s legal framework prohibits the sharing of explicit content or nudes, warning individuals engaged in such activities to cease, as they could face imprisonment for a minimum of five years, a fine of GHS500,OOO.00, or both penalties.
“The Criminal Code Section 281 specifically deals with publication or distribution of obscene materials. It said any person who publishes or offer to distribute any obscene material is guilty and can be fine up to half a million Ghana Cedis or imprison to a minimum of five years. The Electronic Communication Art also prohibits the use of electronic communication for the transmission or publication of obscene materials. The Data Protection Art also protect the privacy of individuals including sensitive information like explicit content.”
Senior Manager at the Ghana Cyber Security Authority (GCSA) Mr. Isaac Mensah, also encouraged individuals impacted by illicit activities to report to the Authority. Speaking on the show, he assured that the Authority will maintain confidentiality, avoiding the need to disclose the matter publicly, even to one’s family.
“Unless you are less than 18 years that is when we will bring in your guardians but once you are an adult and you are in a relationship and your boyfriend or ex-boyfriend or someone is threatening you with an image you shared privately the law is clear and there is no need to go about to tell the public that the Authority is investigating such issues. It is a private affair. Once these issues are reported to GCSA, we do the necessary investigations to establish all that we need before we even go into the legal procedures.”
In Ghana, Sections 62-67 of the Cyber security Act 2020, (Act 1038), criminalizes child online abuses including the production, viewing and distribution of child sexual abuse materials, online grooming of children, cyber stalking of a child and sextortion. Upon conviction, the Act penalizes such offences up to 25 years.
On June 21, 2022, a court presided over by Mrs. Sedinam Awo Balokah sentenced a 22-year-old phone repairer named Doga to 14 years in prison for sharing intimate pictures of a Lebanese woman on social media.
State Prosecutor, Chief Inspector Maxwell Lanyo informed the court that Doga, while unlocking the Lebanese woman’s phone on June 9, discovered her naked pictures. Doga then sent the pictures to extort money from her, and when blocked, he proceeded to publish the images on Facebook and Messenger.
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Story by: Frimpong Collins | univers.ug.edu.gh
