On 21 October 2025, the Ministry of Communication, Digital Technology, and Innovations opened a consultation on the Misinformation, Disinformation, Hate Speech, and Publication of Other Information (MDHI) Bill, 2025, including content moderation regulation, until 31 October 2025. The Bill aims to prevent the publication, dissemination, and commercialisation of hate speech, misinformation, and disinformation, as well as regulate the public disclosure of private information, and establishes the conditions for liability for publishing such information. It bans the communication of hate speech and indecent expressions, defining hate speech as any expression that vilifies, humiliates, or incites hatred or violence against groups based on identity factors such as race, ethnicity, religion, or sex. This includes content presented as entertainment. Indecent expressions that may provoke violence are also prohibited. Individuals, institutions, and public officials may all be held liable, and hate speech that incites genocide or aggravated violence is criminalised. Courts determine whether communication qualifies as hate speech based on context, tone, reach, and intent. Internet intermediaries are not liable for third-party content unless they create, modify, or control it, and they are not required to proactively monitor or assess content legality. Only intermediaries regulated in Ghana fall under the Bill, and their moderation policies must comply with its provisions. Content restriction can only occur following a Court or Division order confirming that the material breaches the Act. Orders must specify the unlawful content, provide evidence, and set a timeframe, and cannot compel intermediaries to delete user accounts. Individuals may, however, flag illegal content. Intermediaries and media houses must conduct annual human rights due diligence on their algorithmic systems and annual misinformation and disinformation risk assessments. Media houses, journalists, internet intermediaries, digital advertising intermediaries, and content creators must also establish fact-checking processes and obtain annual fact-checking certification to maintain their licences. Regular bi-annual training on misinformation is mandatory for public institutions, media houses, and intermediaries. Content creators, influencers, and digital advertisers are required to ensure that paid content complies with the Bill. The Minister will issue regulations on content restriction, algorithmic moderation, cooperation with institutions, decision-making procedures, and codes of practice to ensure effective implementation. The Bill also introduces an access blocking order, enabling the court or the Division to direct the communications authority to order internet service providers to block access to online locations disseminating misinformation, disinformation, or hate speech. Such orders may be issued if a person fails to comply with a previous directive and the content harms Ghana’s diplomatic relations or misrepresents it as breaching international law. Internet service providers that ignore an access blocking order after three warnings face administrative penalties and potential suspension or revocation of their licences.
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