Non-consensual intimate video sharing is a crime under Ghana law – Desmond Israel

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Els: MBN360 News

Desmond Israel, Head of Public Law and Governance, says Ghana’s laws are explicit: the non-consensual sharing of intimate images is a criminal offence and offenders can face jail time.

Israel described the alleged circulation of explicit videos involving Ghanaian women as “clearly criminal,” stressing that both constitutional privacy rights and statutory protections have likely been violated.

“A crime has been committed against citizens of Ghana,” he said. “We have a law that prohibits the non-consensual sharing of explicit materials. Beyond that, there are civil breaches relating to privacy and data protection.”

He cited the Cybersecurity Act, 2020, particularly Section 67, which criminalises the distribution of intimate content without consent and carries a possible prison term of up to three years.

Importantly, Israel explained that consent to recording does not automatically amount to consent to publication.

“You may agree to a video being recorded, but the law requires additional consent before it can be shared. Without that, it becomes an offence,” he noted.

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Jurisdiction challenges

Addressing reports that the prime suspect is outside Ghana, Israel said criminal jurisdiction is usually territorial, but international cooperation mechanisms such as extradition treaties and Interpol notices could be explored.

However, he cautioned that extradition is complex and heavily influenced by diplomacy and constitutional provisions in the suspect’s home country.

“It’s not as easy as people think. Even when you secure arrest notices, geopolitical relationships can affect enforcement,” he explained.

Still, he said Ghana could legally try a suspect in absentia.

“If convicted, that judgment follows the person for life. Years later, if they enter a cooperating jurisdiction, the sentence can still be enforced.”

He urged authorities to pursue prosecution to deter similar offences and protect victims’ rights.