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The amended section of Ghana's anti-gay bill that has raised eyebrows

The bill if approved into law criminalises homosexual activities

Mon, 1 Jun 2026 Source: www.ghanaweb.com

The Parliament of Ghana, on Friday, May 29, 2026, passed the Human Sexual Rights and Family Values Bill, 2025, popularly known as the anti-LGBTQ+ or anti-gay bill.

Before the passage of the bill on Friday, the Constitutional and Legal Affairs Committee of Parliament presented some amendments to the bill originally laid before the House by the Member of Parliament for Assin South, Rev John Ntim Fordjour and seven other MPs.

The amendment was opposed by Rev Ntim Fordjour and members of his caucus, including the Minority Leader, Alexander Kwamena Afenyo-Markin, who argued that the bill would lose its essence if the amendments were allowed.

The amendments introduced by the committee largely touch on Section 9 of the anti-gay bill, which relates to punishment for persons who promote gay activities and is titled, “LGBTTQAP+ Propaganda, Advocacy, Support and Other Promotional Activities. Prohibition of propaganda of, promotion of and advocacy for activities prohibited under this Act.”

Section 9 of the Act lists and bars actions that are deemed to promote gay activities, including the production, procurement, marketing, broadcasting, disseminating, publishing, or distributing of “material for purposes of promoting an act prohibited under this Act.”

It also states that any person found guilty of promoting gay activities is to be jailed for more than five years.

How the BBC, other international media reported the passage of Ghana's anti-gay bill

Below are details of Section 9 of the anti-gay bill

Prohibition of propaganda of, promotion of and advocacy for activities prohibited under this Act

9. (1) Subject to the Constitution, a person shall not produce, procure, market, broadcast, disseminate, publish or distribute through (a) a medium, technological platform, technological account or any other means; or (b) a film, the internet service, an electronic device or any other device capable of electronic storage or transmission a material for purposes of promoting an act prohibited under this Act.

(2) A person shall not (a) promote or support an act prohibited under this Act; (b) engage in, participate in, promote or support an act aimed at changing public opinion towards an act prohibited under this Act; or (c) offer premises or any other movable or immovable asset or provide any form of assistance for purposes of promoting an act prohibited under this Act.

(3) A person who contravenes subsection (1) or paragraph (a), (b) or (c) of subsection (2) commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than ten years.

(4) Where a person is convicted under subsection (3), the owner of the medium, technological platform or technological account on which the material or information is produced, procured, marketed, broadcast, disseminated, published or distributed is deemed to have committed the offence unless it is proved that the owner (a) did not consent to or connive at the commission of the offence; and (b) exercised the degree of reasonable diligence as necessary in the circumstances to have been exercised to prevent the commission of the offence.

(5) Where (a) a body corporate is convicted under subsection (3) of this section, subsections (2), (3), (4), (5) and (6) of section 25 of the Interpretation Act, 2009 (Act 792) shall apply; or (b) an unincorporated body of persons is convicted under subsection (3) of this section, the principal officers of the body of persons shall be deemed to have also committed the offence unless it is proved that a principal officer (i) did not consent to or connive at the commission of the offence; and (ii) exercised the degree of reasonable diligence as is necessary in the circumstances to have been exercised to prevent the commission of the offence.

The Crimes and the Jail Terms: Details of new anti-gay bill passed by Parliament

What are the exemptions introduced by the House:

The exemptions basically protect eight categories of people and organisations who, in the line of their work, would either have to protect people accused of engaging in gay activities or publish these acts.

They include:

1. Persons providing legal advice to individuals identified as LGBTQ+.

2. Persons providing legal representation to individuals identified as LGBTQ+.

3. Lawyers acting in the normal course of their professional duties on behalf of LGBTQ+ persons.

4. Journalists reporting on LGBTQ+-related matters as part of their professional work.

5. Media organisations reporting on LGBTQ+-related issues or current affairs.

6. Medical practitioners providing healthcare services to LGBTQ+ persons.

7. Psychologists and counsellors offering psychological or counselling services to LGBTQ+ persons.

8. Health professionals providing surgical or other medical treatment to LGBTQ+ persons in the course of their duties.

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Source: www.ghanaweb.com