Ghana: National Information Technology Agency closes consultation on Electronic Transactions Act, 2025 including content moderation regulation

On 31 October 2025, the National Information Technology Agency closes its consultation on the Electronic Transactions Act, 2025, which includes content moderation regulation. The Act would provide for the liability of intermediaries. Specifically, intermediaries acting as "mere conduit" or for the automatic, intermediate and temporary storage of electronic records on their systems for the purpose of more efficient onward transmission would be exempt from liability for transmitting electronic records provided that they do not modify the record. Intermediaries providing hosting services would not be liable provided that they have no actual knowledge that stored information infringes on the rights of third parties, are unaware of facts from which infringement could be inferred, and act expeditiously to remove information on receipt of a takedown notification. Hosts would only be exempt from liability if they provide the means to receive and process such notifications. Intermediaries are not generally required to monitor the content of information records. Additional obligations apply to Very Large Online Platforms and Very Large Online Search Engines with an average of 45 million monthly users, with a significant role in the dissemination and visibility of online information. These service providers must conduct annual risk assessments, submit their risk management practices to third-party audits every two years, and publish biannual transparency reports detailing content moderation actions, the use of automated tools for content moderation, and algorithmic disclosure.