The “Russian Man” saga involving the non-consensual recording and sharing of private encounters serves as a stark reminder that IT Law in Ghana is not a silo, but a “digital web” of interconnected statutes. Addressing such complex modern disputes requires a comprehensive approach that bridges the gap between legacy legislation and the nuances of the digital age.
- The Foundation: When “Wooing” Turns into Crime
The Criminal Offences Act, 1960 (Act 29), remains the bedrock for these cases, covering core issues like indecent assault and extortion. However, the Cybersecurity Act, 2020 (Act 1038), modernises the punishment for the digital era:
Non-Consensual Sharing: Section 67 of Act 1038 specifically criminalises distributing intimate images without consent where there was a “reasonable expectation of privacy”.
The Reposters: The law also targets those who “intentionally cause another person to distribute” such images, meaning reposting can make you a criminal as well.
- The Shield: Privacy vs. Publicity
This case highlights the thin legal line between the technology and the person:
Act 1038 (Cybersecurity): Focuses on the “security of the pipes” how data was recorded, stored, or leaked.
Act 843 (Data Protection): Focuses on the “sanctity of the water.” Even if victims consented to being in a room, they did not consent to their “personal data” (likeness and private acts) being “processed” or shared on social media.
- The Sword: Ownership and Dignity
Interestingly, Intellectual Property (IP) law enters the bedroom. Under the Copyright Act, 2005 (Act 690), the recorder is technically the “author,” but if that content causes serious harm, defamation, and invasion of privacy under Article 18 of the 1992 Constitution take precedence. Victims can sue for civil damages for harm to their dignity and reputation, alongside criminal charges.
The “Russian Man” case is a wake-up call that “Cyber Law” in Ghana is a multidisciplinary maze. Whether you are the victim, the perpetrator, or even just a curious “reposter,” you are interacting with a web of laws that can lead to years of imprisonment for sharing such content. By adopting a comprehensive approach, we ensure that as Ghana “leapfrogs” into the AI and digital era, our laws are ready to protect our most private moments from being turned into public spectacles.
By Ellis Gordon Esq.
