GHANA Law and Practice Contributed by: Olusola Ogundimu and Esohe Olajide, Integrated Legal Consultants
8.2 AI-Related Claims Ghanaian laws do not currently provide special rules in respect of making claims that a product is developed through the use of AI or AI-related capabilities. 8.3 Chatbots Ghanaian laws do not currently provide special rules regarding the use of chatbots. However, the use of chatbots would ordinarily need to comply with the provisions of the Data Protection Act 2012 (Act 843), the Electronic Transactions Act 2008 (Act 772), the Electronic Communications Act 2008 (Act 775) and L.I. 1991. 9. Web 3.0 9.1 Cryptocurrency and Non-Fungible Tokens (NFTs) There are currently no special rules regulating the advertising, marketing or sale of cryptocurrency and or/ NFTs in Ghana; the general principles on data pro - tection, copyright, electronic communications and transactions would apply, where applicable. 9.2 Metaverse Ghanaian laws do not currently provide special pro - visions regarding advertising within the metaverse. Such form of advertising would ordinarily be subject to the advertising regulations and data protection provisions of the Data Protection Act 2012 (Act 843) outlined in this Guide.
The Public Health Act 2012 (Act 851) prohibits the advertising or promotion of tobacco products in Gha - na: all forms of direct and indirect advertising, promo - tions and sponsorship in relation to tobacco products are prohibited. The Act further provides that tobacco products should not be packaged or labelled in a manner that is false, misleading or likely to create an erroneous impression about its health effects, hazards or characteristics. Article 45 of the AAG Code has similar provisions in respect of tobacco products. Article 46, however, per - mits the sponsorship of events by tobacco manufac - turers, provided adequate care is taken to ensure that only persons above 18 years are admitted to such events. Article 47 of the AAG Code provides that advertise - ments for condoms must not encourage indecency in the use of the product, and that the emphasis should be on health and family planning applications. All advertisements for condoms must carry health warn - ings promoting total abstinence or faithfulness as the best options. 10.2 Product Placement Ghanaian laws do not currently provide special rules regarding the placement of products in entertainment content. 10.3 Other Products Other noteworthy rules provided in the AAG Guide in relation to advertisement include the following: • advertisements are not to portray violence on persons; • advertisements for condoms are not to encour - age indecency in the use of the products and must carry warnings promoting abstinence; • advertisements for alcoholic beverages are not to promote sexual indulgence or nudity, nor promote excessive or irresponsible drinking; • abstinence is not to be depicted in a negative light nor portrayed as being wrong in advertisements; and • the advertisement of tobacco products in any man - ner is prohibited.
10. Product Compliance 10.1 Regulated Products
The FDA has specific rules relating to the advertising of food, drugs, cosmetics, household products and medical devices, some of which have been discussed elsewhere in the Guide. There are also provisions in relation to the labelling of foods and drugs so that the consumer has all the information to guide them in making an informed decision about the purchase. The provisions on claims are also relevant.
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