Shortly after the State announced that it would be prosecuting three individuals for their alleged roles in the leaking of an intimate video involving popular media personality Serwaa Amihere, there was an uproar on social media.
Online users, as seen here, here, and here, question why the state would be involved in a seemingly “private matter” between individuals.
But really, why is the state involved? Can Serwaa Amihere proceed to take legal action on her own?
Such questions must be answered correctly to increase online users’ legal knowledge and minimise misinformation.
DUBAWA Ghana also produced this explainer to clarify misconceptions about the state’s involvement.
Amanda Clinton is a Ghanaian legal practitioner who was contacted to help clarify the state’s intervention.
In Ghana, the State is expected to file cases against individuals who violate the country’s laws. According to Ms. Clinton, the matter is a criminal case; hence, the state is mandated to punish perpetrators.
She remarks that the alleged perpetrators of the video leak acted in contravention of Section 23(1) of the Criminal Offences Act 1960 (Act 29) and Section 67 (1) and (2) of the Cybersecurity Act (2020) (Act 1038).
“The alleged perpetrators violated the law cited in the prosecution document. That is a criminal act that was violated,” she said in response to why the State was involved in the legal proceeding and not Serwaa Amihere.
Explaining further, she likened the situation to the recent public discussion of the marriage ceremony between a 63-year-old Ga priest and a 13-year-old girl. Amanda Clinton said that should this case make it to the court for adjudication, the state would prosecute it since the Ga priest’s action was contrary to the Children’s Act (1998).
Can Serwaa take up legal actions on her own?
It’s an emphatic ‘yes’ from Amanda Clinton. However, the media personality will have to file a civil suit and claim damages she may have incurred because of the video leak.
“Serwaa can file her case to the civil or high court either during or after the criminal case.”
“Since she’s a high-profile person who has built a reputation, she can claim that the publication of the video without her consent has made her suffer financial losses,” she intimated.
Conclusion
The state’s involvement in prosecuting the alleged offenders in the publication of an intimate video involving Serwaa Amihere has nothing to do with her status as a public figure. And since there has been a violation of the criminal act, the State should lead the prosecution.
