A High Court in Accra’s Human Rights Division has granted a perpetual injunction against freelance investigative journalist Innocent Samuel Appiah, restraining him from publishing or disseminating allegations against private individual Cynthia Adjei, following a privacy breach suit.
Justice Nana Brew, presiding over the court, awarded costs of GH¢10,000 against the journalist in addition to the injunction.
The court’s decision prevents the journalist from conducting any investigation into the businesswoman, directly or indirectly, across traditional and digital media platforms.
The judge ruled that while press freedom is constitutionally guaranteed, it is not absolute and must be exercised within the bounds of the law, particularly where individual rights and reputational interests are concerned.
Justice Nana Brew emphasised that journalists have a responsibility to act with due diligence and within established legal frameworks.
The court noted that investigative journalists should channel allegations of criminal conduct to state institutions such as the Economic and Organised Crime Office and the Ghana Police Service, rather than publishing potentially harmful claims unilaterally.
The request by the plaintiff for damages to be awarded was rejected by the court.However, the court found that the journalist’s actions exposed the plaintiff to reputational harm and granted the injunction to prevent further damage.
“From the totality of the evidence available, if the first respondent felt that the information was of public interest, he should not have sought the publication of it. Rather, they should have reported to the Economic and Organised Crime Office (EOCO), the police, CID or the National Intelligence Bureau to take up action, as publishing amounts to an invasion of the applicant’s privacy rights.”
“Thus, on a balancing exercise in the enforcement of human rights provisions of the Constitution, this is a clear violation of the applicant’s rights as against the public interest,” the ruling said.”
In conclusion, the information the 1st respondent is seeking from the applicant for publication is against her fundamental human rights, particularly her right to privacy.”
The journalist had sent questions to Adjei and her husband, seeking information on the company’s operations, but Adjei sought legal action instead of responding.
By: Rainbowradioonline.com/Ghana
