GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
1. Legal Framework and Regulatory Bodies 1.1 Primary Laws and Regulation Advertising in Ghana is regulated by various laws, some of which are sector-specific. The Advertising Council Bill is currently pending before parliament, and aims to consolidate the laws that regulate advertising in Ghana. The primary laws and regulations include: • the Public Health Act 2012 (Act 851); • the Food and Drugs Authority Guidelines for the Advertisement of Foods; • the Food and Drugs Authority Guidelines for the Advertisement of Drugs, Cosmetics, Household Chemicals and Medical Devices; • the Gaming Act 2006 (Act 721) and the Gaming Commission’s Guidelines on Advertising; • the Electronic Communications Act 2008 (Act 775), as amended by the Electronic Communica - tions (Amendment) Act (Act 786) and the Electronic Communications Regulations 2011 (L.I. 1991); • the Electronic Transactions Act, 2008 (Act 772); • the Securities and Exchange Commission (SEC) Regulations 2003 (L.I. 1728); • the Ghana Standards Authority Act 1973 (NRCD 173); and • the Data Protection Act 2012 (Act 843). The Advertising Association of Ghana (AAG) is the industry self-regulator and has its own Code of Pro - fessional Conduct and Ethics (the Code) regulating members in the industry. 1.2 Enforcement and Regulatory Authorities The regulatory authorities currently responsible for enforcing the laws and regulations governing adver - tising in Ghana include the following. Food and Drugs Authority (FDA) The FDA’s scope is limited to advertising practices relating to foods, drugs, cosmetics, household chemi - cals and medical devices. The FDA can issue warn - ings or fines, or can revoke product approvals if a party is found to have violated advertising guidelines or to have advertised without the prior approval of the FDA.
Gaming Commission (GC) The GC’s scope is limited to the advertising of gam - ing, promotions, games of chance and skill-based contests. The GC requires licences and approvals to be obtained before entities engage in such activities. Where there is a breach of Act 721 or its Guidelines on Advertising, the GC may impose fines, or revoke or suspend licences. Where a person promotes or pro - vides facilities for unlawful gaming, they will be liable upon summary conviction to a fine of not more than 500 penalty units (a penalty unit is GHS12) or a prison term of two years, or both. National Communications Authority (NCA) The NCA regulates advertising and communication throughout the telecommunication networks. Opera - tors are obliged to comply with the provisions of L.I. 1991; where there is a breach, the NCA may impose pecuniary penalties as it deems fit or as specifically provided by L.I. 1991 for the specific breach. It may also suspend or revoke operators’ licences where necessary. Data Protection Commission (DPC) The DPC regulates the unauthorised use and process - ing of personal information or data of subjects in Gha - na, to protect their privacy. It also requires that data processors register with the DPC before processing the data of subjects in Ghana. Where there is a breach of the provisions of the law, defaulters may be given directives to comply or may be directed to pay com - pensation to any individual who suffered damages due to the breach. Where convicted of a breach, a fine of 250 penalty units or a prison term of two years will apply, or both, depending on the offence. Where Act 843 does not provide for a penalty, a fine of 500 penalty units or a prison term of ten years, or both, will apply, while a fine of 2,500 penalty units or a prison term of five years or both will apply for the sale of personal data. Ghana Standards Authority (GSA) The GSA establishes and promulgates standards for products/goods sold to consumers in Ghana, in order to ensure high quality and promote the standardisa - tion of products in the country. It regulates the label - ling, advertising and selling of goods, and also has requirements and procedures for mounting outdoor
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