GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
the Lotto Marketing Company are determined by the Board of the NLA. 7.2 Contests of Skill and Games of Chance The GC regulates all chance-based contests in Gha - na. Any contest of skills that has an element of chance in it is also regulated by the GC. For any contest/game of chance regulated by the GC to take place in Ghana, a licence/approval must be sought from the GC. The Gaming Act 2006 (Act 721) defines a game of chance as “a game other than lotto in which par - ticipants, in anticipation of winning a reward on the results of the game which depends on luck and which cannot be determined before the end of the game, pay money for the right to participate in the game”. It further defines gaming as “playing a game, wheth - er of skill or chance or partly of skill and partly of chance, for stakes hazarded by the players but does not include lotto”. 7.3 Registration and Approval Requirements Games of chance and/or contests of skill (with an ele - ment of chance) are regulated by the GC. For any contest/game of chance regulated by the GC to take place in Ghana, a licence/approval must be sought from the GC; organising such games without the GC’s approval will be a breach of the Gaming Act 2006 (Act 721) and will leave such organiser liable. In addition, all advertising or promotional content for the games or contents must be pre-approved by the GC; adver - tising without pre- approval will amount to a breach of Act 721 and will attract the applicable sanctions. Approval/Registration Process Applications are made in writing by the promoters of such games to the GC, submitting a detailed propos - al containing information about the game or contest, the modalities and timelines for running the game/ contest, the prize pool and the selection process for the winners. The GC also regulates the advertising/ promotion of such games/contests in Ghana, which must be pre-approved before they are run. The pro - posal and all the above information are considered before approvals are issued. The GC will inform the promoter of the game of the applicable fees and, upon remittance thereof, the application is processed, and
approval is given where the GC is satisfied with the proposal. The GC may make recommendations with respect to aspects of the game of chance or contest to the promoters prior to issuing its approval. 7.4 Free and Reduced-Price Offers There are no special laws that regulate free or reduced price offers. Any promotion being offered to the public in Ghana should ordinarily be approved by the GC once it contains an element of chance. Where these free or reduced price offers are to be advertised, pre- approval of such advertisements must be obtained from the relevant authority before they are made known to the public. 7.5 Automatic Renewal/Continuous Service Offers Marketers/senders have an obligation to provide the option to opt-out or cancel a subscription in all mar - keting communication or messages, allowing recipi - ents to revoke their consent at any time they desire. Section 50 of the Electronic Transactions Act 2008 (Act 772) prohibits the sending of unsolicited elec - tronic communication to consumers without their prior consent. Where electronic commercial communica - tion is sent to a consumer, the sender must provide an option to cancel the subscription and the source from which the persons obtained the consumer’s personal information. In addition, where a customer does not respond to an unsolicited communication, the sender cannot assume that an agreement has been reached or concluded with that customer. Such customer is entitled to recover costs associated with cancelling such unsolicited communication.
8. Artificial Intelligence 8.1 AI and Advertising Content
There are currently no rules in relation to the use of AI in connection with developing advertising content; the applicable rules on data protection/privacy pro - vided under the Data Protection Act 2012 (Act 843) would apply to AI-generated advertising content. The provisions of the Copyright Act in relation to the use of other people’s copyright in AI-generated content would also apply.
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