Advertising in Ghana is regulated by various laws, some of which are sector-specific. The Advertising Council Bill is currently pending before parliament, and aims to consolidate the laws that regulate advertising in Ghana. The primary laws and regulations include:

• the Public Health Act 2012 (Act 851);
• the Food and Drugs Authority Guidelines for the Advertisement of Foods;
• the Food and Drugs Authority Guidelines for the Advertisement of Drugs, Cosmetics, Household Chemicals and Medical Devices;
• the Gaming Act 2006 (Act 721) and the Gaming Commission's Guidelines on Advertising;
• the Electronic Communications Act 2008 (Act 775), as amended by the Electronic Communications (Amendment) Act (Act 786) and the Electronic Communications Regulations 2011 (L.I. 1991);
• the Electronic Transactions Act, 2008 (Act 772);
• the Securities and Exchange Commission (SEC) Regulations 2003 (L.I. 1728);
• the Ghana Standards Authority Act 1973 (NRCD 173); and
• the Data Protection Act 2012 (Act 843).

The Advertising Association of Ghana (AAG) is the industry self-regulator and has its own Code of Professional Conduct and Ethics (the Code) regulating members in the industry.

The regulatory authorities currently responsible for enforcing the laws and regulations governing advertising in Ghana include the following.

Food and Drugs Authority (FDA)

The FDA’s scope is limited to advertising practices relating to foods, drugs, cosmetics, household chemicals and medical devices. The FDA can issue warnings or fines, or can revoke product approvals if a party is found to have violated advertising guidelines or to have advertised without the prior approval of the FDA.

Gaming Commission (GC)

The GC’s scope is limited to the advertising of gaming, promotions, games of chance and skill-based contests. The GC requires licences and approvals to be obtained before entities engage in such activities. Where there is a breach of Act 721 or its Guidelines on Advertising, the GC may impose fines, or revoke or suspend licences. Where a person promotes or provides facilities for unlawful gaming, they will be liable upon summary conviction to a fine of not more than 500 penalty units (a penalty unit is GHS12) or a prison term of two years, or both.

National Communications Authority (NCA)

The NCA regulates advertising and communication throughout the telecommunication networks. Operators are obliged to comply with the provisions of L.I. 1991; where there is a breach, the NCA may impose pecuniary penalties as it deems fit or as specifically provided by L.I. 1991 for the specific breach. It may also suspend or revoke operators' licences where necessary.

Data Protection Commission (DPC)

The DPC regulates the unauthorised use and processing of personal information or data of subjects in Ghana, to protect their privacy. It also requires that data processors register with the DPC before processing the data of subjects in Ghana. Where there is a breach of the provisions of the law, defaulters may be given directives to comply or may be directed to pay compensation to any individual who suffered damages due to the breach. Where convicted of a breach, a fine of 250 penalty units or a prison term of two years will apply, or both, depending on the offence. Where Act 843 does not provide for a penalty, a fine of 500 penalty units or a prison term of ten years, or both, will apply, while a fine of 2,500 penalty units or a prison term of five years or both will apply for the sale of personal data.

Ghana Standards Authority (GSA)

The GSA establishes and promulgates standards for products/goods sold to consumers in Ghana, in order to ensure high quality and promote the standardisation of products in the country. It regulates the labelling, advertising and selling of goods, and also has requirements and procedures for mounting outdoor advertisements. Where there is a breach, remedies include fines, or a term of imprisonment upon summary conviction.

The Security and Exchange Commission (SEC)

The SEC regulates advertisements issued or disseminated to the public offering services of dealers or investment advisers or offering securities for sale to or from the public. L.I. 1728 spells out the scope of advertisement in relation to investments and securities and what is prohibited, to ensure they are fair and not misleading to the public. Persons who contravene these regulations are liable to penalties that include interventions, the revocation, suspension or restriction of licences by the SEC, or a fine of GHS1 million, as stipulated in Regulation 44.

The Advertising Association of Ghana (AAG)

The AAG regulates advertisements of its members who are practitioners or stakeholders in the industry, through its Code. The Code covers various aspects of advertising, including content, accuracy and fairness. Where members breach its advertising standards, the AAG can issue warnings or advisories to the affected parties. It may also make recommendations regarding corrective measures or amendments that such parties may make in order to make the advertising content compliant. Members who continue to violate the Advertising Code of Conduct may be suspended or expelled from the AAG.

Some of the laws indicated in 1.1 Primary Laws and Regulations provide that advertising must be accurate and must not mislead, either directly or impliedly. Therefore, any organisation that is required to seek approval before an advertisement is placed would be held liable for deceptive advertising where such deception occurs within a particular sector by the appropriate regulatory agency where its rules specifically prohibit misleading advertising.

In Regulation 40(9) of L.I. 1728, the SEC provides that any person who contravenes the provisions on advertising in the regulations shall be liable for an intervention, the payment of a penalty of GHS1 million, a revocation, a suspension, or such restrictions on a licence as the SEC may impose.

Similarly, in Article 28 of its Code, the AAG provides that advertisements should not contain false representations that may confuse or cause others to believe that products/services or advertisements of another entity/person are connected to or belong to the advertising practitioner, or vice versa. Where members breach its advertising standards, the AAG can issue warnings or advisories to the affected parties. It may also make recommendations regarding corrective measures or amendments that such parties may make to the advertising content so as to make it compliant. Members who continue to violate the Advertising Code of Conduct may be suspended or expelled from the AAG.

Likewise, the FDA will hold the sponsor, the advertising agent and the advertising media organisation jointly and severally liable for any breach of its advertising rules.

In Ghana, what constitutes advertising is determined by the specific regulation or law. For instance, in the FDA Regulations on Advertising, this consists of the publicising of goods and products in any form of notices in circulars, label wrappers, catalogues and price lists, newspapers, magazines, documents made orally or by means of projected light, sound recordings, radio and television advertising, mentions by radio presenters, bill boards, mobile vans, social media and writings.

The list of what is considered as advertising by the SEC Regulations 2003 is not as exhaustive as the FDA's list. The SEC defines advertising to include every form of advertising, including publications, notices, exhibition of photos or film discs, and generally any public notices, including the publication of research findings.

Act 721 and the GC’s Guidelines on Advertising appear to be silent on what is considered as advertising, despite their role in regulating the practice; this also applies to the AAG Code. It is worth noting that the proposed Advertising Council Bill that is pending before parliament defines what constitutes advertising as well as advertising services in its interpretation section.

Pre-approvals are required to be obtained from the relevant agencies before advertisements can be run in Ghana. For instance, the FDA pre-approves all advertisements in relation to foods, drugs, cosmetics, household chemicals and medical equipment, whether print, outdoor or in the media, while the Gaming Commission pre-approves advertisements in relation to gaming and promotions. Therefore, advertisements in these sectors cannot run without pre-approval.

The following laws in Ghana protect the rights of the registered owner of an intellectual property (IP) right and give owners exclusive rights to prevent others from using their IP without their prior consent.

• The Copyright Act 2005 (Act 690) provides for the infringement of copyright when a right is used without the consent of the owner and such usage is not within the scope of permitted use of the copyright. Article 42 stipulates that offenders will be liable on summary conviction to a fine of between 500 and 1,000 penalty units or a prison term of three years, or both. Where infringement continues, a further fine of between 25 and 150 penalty units will apply for each day that the offence continues.
• Act 690 does not specifically provide for the use of an individual’s pictures or likeness, but this may be covered by photography, which is listed under artistic works, while the individual’s voice will ordinarily be covered under sound recording where the voice was fixed in a medium with musical or spoken words.
• The Trade Marks Act 2004 (Act 664), as amended, regulates any unauthorised use of trade marks. While not specifically providing for advertising, it does prohibit the application of false trade descriptions to goods or causing the infringement of a trade mark. Offenders will be liable to a fine not exceeding 500 penalty units or a prison term of two years.
• The Protection Against Unfair Competition Act 2000 (Act 589) prohibits any act in the course of commercial activities that causes or is likely to cause confusion about the activities or products/services of another enterprise, or the presentation of a product that amounts to unfair competition. Confusion may be regarding trade marks or the presentation of products or services.
• Act 589 also covers acts that are likely to mislead the public about the activities, goods or services of an enterprise that may arise out of advertising products, services or packaging as constituting unfair competition. Act 589 provides for remedies such as injunctive relief, damages and court orders to prevent unlawful acts.

The Advertising Association of Ghana (AAG) is an industry self-regulator of advertising practices.

Its powers are limited to its members, and its aim is to ensure ethical and professional advertising practices amongst practitioners in Ghana. Its Code of Professional Conduct and Ethics covers various aspects of advertising, including content, accuracy and fairness in advertising. As a self-regulator, the AAG allows for voluntary adherence to standards and ethical guidelines in the industry by advertisers, agencies and other stakeholders. As part of its process, it reviews any complaints and concerns regarding advertising practices that are brought before it.

Where there is a breach of its advertising standards by members, the AAG can issue warnings or advisories to the affected parties. It may also recommend corrective measures or amendments such parties may effect to their advertising content to make it compliant. Where members continue to violate the Advertising Code of Conduct, they may be suspended or expelled from the AAG.

As the Advertising Council Bill is currently pending before parliament and there is no specific provision in relation to a consumer’s right to challenge advertising practice, any such issues in relation to advertising would need to be made by presenting a complaint to the relevant authority regulating advertising in a specific sector, such as the FDA, SEC, GC, NCA or AAG, if the offending party is a member of the association. The consumer’s issues will be addressed and offending parties will be sanctioned based on the powers and provisions of the applicable law, regulation or guidelines.

However, Article 33 of the 1992 Constitution of Ghana provides that a person whose fundamental rights have been breached may approach the High Court for redress. Therefore, consumers may explore this option where an advertising practice contravenes their fundamental rights.

An important recent legal and regulatory development regarding deceptive advertising in Ghana is the conviction of Patricia Asiedua, also known as “Nana Agradaa”, a former traditional priestess turned evangelist, who deceived people during a programme on television by claiming that she could double their funds through her spiritual powers, which resulted in several people parting with huge sums of money. She was given a fine of 25 penalty units for charlatanic advertisement or a jail term of 30 days in the event of default of payment of the fine. This was alongside the 15 years' imprisonment imposed on her by the court on multiple counts of defrauding by false pretence.

Beyond this high-profile case, the courts in Ghana have taken a serious stance against deceptive advertising while applying both civil and criminal sanctions to persons found to have offended relevant laws, including the Constitution of the Republic of Ghana, 1992, the Criminal Offences Act 1960 (Act 29), the Protection Against Unfair Competition Act 2000 (Act 589) and the Trade Marks Act 2004 (Act 664) as amended.

Advertisements should generally not be obscene, should not offend public order, decency or morality, and should not promote public disorder or illegal activities. In recent times, citizens have raised concerns about advertising promoting LGBTQ activities in Ghana, although no laws have been passed to that effect.

Advertisers should be mindful of offending religious or ethnic beliefs while advertising.

There have been no recent political changes that have impacted the regulation or enforcement of advertising regulations.

In their guidelines on advertising, the FDA and GC provide standards regarding misleading advertisements, including the following.

• Advertisements shall be accurate, complete, clear and designed to promote credibility among the general public. Therefore, statements or illustrations must not mislead directly or by implication.
• Advertisements in relation to food must comply with the CODEX Guidelines on Claims. All claims must be complete, truthful, substantiated and not misleading. In relation to food, advertisements should not contain claims that pre-packaged foods can prevent or cure diseases, disorders or any abnormal physical states.
• Advertisements of food must not criticise any other company's competing or alternative products, either directly or by implication, and should not imitate the general layout, text, slogans or visual presentation or devices of the advertisement of food products of other companies.
• Advertisements should not be couched in a manner that exploits superstitious beliefs or the emotions of consumers, or that induces fear in consumers to incite them to purchase the product.
• Advertisements for alcoholic beverages must contain certain warnings regarding drinking responsibly and the non-suitability for persons under 18 years and for pregnant women. Outlets must also display warnings, and advertisements being aired on television and social media must have the health warnings running for the entire duration of the advertisement.
• Advertisements should not depict drinking alcohol as fashionable or appealing to minors.
• In addition to not being misleading, the GC states that advertising must not depict responsible gambling nor make it appealing to minors. In addition, all claims must be substantiated and should not contain negative content about competitors.
• The GC requires that endorsement by persons in advertisements should not suggest that patronising games of chance contributed to their success or is a regular avenue or source of income.
• In addition to not offending public decency, not promoting immorality and not being obscene, the AAG Code demands that advertisements must conform with the laws of Ghana and must not exploit consumers' lack or experience or superstitious or negative beliefs.

Section 110 of the Electronic Transaction Act, 2008 (Act 772) prohibits charlatanic advertisement and provides that Section 137 of the Criminal Offence Act, 1960 (Act 29) in relation to such advertisements in newspapers applies with necessary modifications to any publications in electronic record or website-related publications.

The FDA requires advertisements relating to food to comply with the CODEX Guidelines on Claims. In relation to drugs, the FDA requires that the claims in advertisements must be justifiable in light of scientific evidence. For the GC, all claims in advertisements must be substantiated.

The SEC requires advertisements to maintain the highest standards of accuracy and to be in clear language that is easily understood by the public.

For foods, the substantiation required to support advertising claims should be in line with the CODEX Guidelines on Claims. In relation to drugs, the FDA requires that the claims in advertisements must be justifiable in light of scientific evidence. For the GC, all claims in advertisements must be substantiated, although there are no outlined requirements for how substantiation is done.

The AAG Code indicates that an advertising practitioner should be prepared to provide a demonstration or sample of the advertised product on demand by the Standards Committee.

The GC and FDA Guidelines appear to be silent on product demonstration, but the FDA requires that the promotion of drugs must not include free distribution to the general public, except to healthcare professionals in accordance with Section 121 of Act 851. It also requires that records must be kept on the distribution of free samples, to allow traceability.

The AAG Code provides that any advertisement that contains a testimonial and endorsement shall be genuine, and that the models used shall be alive and suitable for the products and ideas they endorse in the advertisement. The written consent of the model used shall be obtained prior to airing the advertisement; where the model is a child, the prior consent of the guardian or parent should be obtained.

The FDA Guidelines for the advertisement of drugs provide that such advertisement should not contain materials that refer to recommendations by scientists or health professionals or well-known personalities or organisations whose status could encourage the consumption of products to the detriment of health and safety.

While endorsements are permitted, they must comply with the above requirements.

There are currently no special laws in Ghana regulating environmental claims in advertisements or “greenwashing”.       

The FDA requires that there must be full disclosure in advertising, which it defines as adequate information for the prescriber concerning the accepted indications and appropriate use of the product, including warning precautions, contraindications, adverse reactions, dosage forms and dosage regimens.

Therefore, advertising must fully disclose all relevant information about a product, its adverse effects or reactions and any direction on usage or precautions that will enable the consumer to make informed decisions about purchasing and using the product. The information provided should be clear and conspicuous; it should also be relevant and should be placed in close proximity to relevant claims.

The SEC provides in L.I. 1728 that advertisements must maintain the highest standard of accuracy and must be couched in language that is clear and easily understood by the public. Advertisements must state sufficient relevant information in order for an adequate description of the investment or services offered to be conveyed to the recipient. In addition, statements of opinion in an advertisement must be attributable to an identified person, and reasonable steps must be taken to ensure that the person expressing the statement still holds that opinion at the date of the publication.

All claims in advertising must not be misleading and must be substantiated.

The FDA requires that claims in respect of health, medical benefits or therapeutic effects of a drug or medical product must be substantiated by scientific evidence. The FDA also requires that all foods and drugs sold or imported into Ghana must be labelled with the country of origin, and that the side effects of drugs, cosmetics and other products should be indicated in the advertisements.

There are currently no laws or regulations addressing stereotyping in advertising in Ghana.

The FDA, GC and AAG all have provisions relating to advertising to children.

The FDA requires advertising to children to:

• be truthful and not misleading, as children do not have the same level of scepticism as adults in making decisions – thus, claims must be supported by evidence;
• not exploit children's vulnerability or lack of experience, and to not use fear, peer pressure or other tactics to manipulate children into making purchases;
• desist from promoting products that can be harmful to the health and wellbeing of children; and
• not depict drinking alcohol as being fashionable or appealing to minors.

The AAG Code provides that special care should be taken in advertisements directed to or featuring children; such advertisements must not undermine positive social behaviour, lifestyle and attitude. The Code also provides that products suitable for children should be advertised in media targeted at them, and that advertisements directed at children should not be inserted in media where the editorial matter is unsuitable for them. Materials unsuitable for children shall be clearly identified as being unsuitable for them.

The GC requires that advertising in respect of gaming should not be targeted to entice those under the legal gaming age, which is 18 years, and should not be placed in media specifically targeted at such persons, such as children’s magazines, newspapers, journals or similar media. Children’s songs or cartoon characters cannot be used in advertising games of chance, and gaming advertisements must not run during the airing of programmes or movies with Family (F), Parental Guidance 18 (PG 18) and Adult Accompaniment (AA) ratings. The GC also prohibits the placing of outdoor advertising within 20 metres of preschools, 1st and 2nd Cycle Schools, children’s playgrounds and any other facilities designed for the use of persons below 18 years, or the advertisement of gaming in relation to public functions where people under the legal gaming age are likely to be in attendance.

In addition to not being misleading, the GC states that advertising must not depict responsible gambling nor make it appealing to minors. The GC also prescribes that operators providing sponsorship shall not offer prizes, give out souvenirs and/or distribute promotional materials to participants of programmes organised for persons below the age of 18 years.

There are no special laws or guidance related to dark patterns in advertising in Ghana at this time, so dark patterns would be regulated by the general provisions on advertising – ie, advertisements should not be manipulative or misleading, nor take advantage of consumers’ ignorance to induce the purchase of a product.

The FDA and CG Guidelines appear to be silent on sponsor identification or branded content. However, since advertisements are pre-approved, the FDA and GC would ordinarily raise any issues they may have with such content in the advertisement before it is publicised.

The AAG Code provides that media organisations must only accept or expose advertisements that indicate the proper identity of the sponsor, except in a teaser advertisement. In addition, advertisements should not bear sign-offs such as “committee of friends”, “concerned citizens” or any other broad terms without verifiable names and addresses.

There are currently no special rules that regulate native advertising in Ghana.

The AAG Code provides that advertisements must not discredit, disparage nor attack other products/services, ideas, personalities or organisations unfairly, nor exaggerate the nature or importance of competitive differences. In addition, advertisements must not imitate the slogans/illustrations of another advertising practitioner in such a manner as to mislead the consumer.

In Regulation 40 (9) of L.I. 1728, the SEC provides that comparison made between alternative investments must be fair, reasonable, accurate and compatible, and must not omit factors that are or may be relevant to an appreciation of the comparison or contrast.

The FDA has no specific rules in respect of comparative advertising claims, but the following general rules apply:

• advertising should not be misleading or deceptive;
• the advertisement of food must not criticise any other company's competing or alternative products, either directly or by implication; and
• advertising must not portray a product as being better than those of competitors by negatively undermining the latter.

Advertisers are not permitted to use the name, trade mark or packaging of a competitor in advertising in Ghana. The use of the copyright or trade marks of another person or entity can only be done with their consent.

There are no specific rules on advertisers challenging claims made by a competitor, but the various regulators allow for complaints to be brought to their attention, and the applicable remedies would ordinarily apply if investigations reveal a breach of the rules or guidelines on advertising.

As far as is known, there are no special rules relating to ambush marketing in Ghana.

The FDA Guidelines on advertising apply to all forms of advertising, including online or by social media. Therefore, advertising on social media platforms should comply with the relevant guidelines and must be pre-approved.

The provisions of the Data Protection Act 2012 (Act 843) on data protection and electronic communication also apply to advertising online or on social media.

The Electronic Transactions Act 2008 (Act 772) requires advertisements of products online to provide pricing details, accurate descriptions of products/goods, terms of sale and other relevant information to guide consumers in purchasing those products.

While the FDA Guidelines do not directly provide for liability for content posted by others on an advertiser's site or social media, the advertiser is required to comply with the FDA Guidelines and the provisions of the Public Health Act 2012 (Act 815). When advertising products regulated by the FDA, such advertising must also be pre-approved. Failure to comply will leave the advertiser liable to penalties or other sanctions provided by the FDA Guidelines and the Act, where applicable.

As far as is known, there are no special rules relating to online disclosures and disclosures in social media in Ghana.

There are currently no unique rules or regulations in relation to the use of social media platforms. The use of social media platforms is permitted in Ghana, provided the rules relating to privacy, data protection and advertising under the applicable laws and regulations are complied with.

In relation to email marketing, the Data Protection Act 2012 (Act 843) requires the consent of the subject to be obtained by the person who seeks to process such data. Section 40 requires the prior written consent of the data subject before his or her data can be used, obtained or provided for direct marketing.

The Electronic Communications Regulations (L.I. 1991) provides that whoever wishes to send unsolicited communications for direct marketing by email, text message or a call must first obtain the consent of the subscriber. Where it is sent without prior consent, such communication must include the contact details of the sender, such as its name and where it can be reached free of charge. Where the unsolicited communication is by means of an email, the sender is required to ensure that its identity is not concealed and must provide a valid address to which the subscriber can send a request that the person desists from sending such messages.

Regulation 6(1) of L.I. 1991 provides for a fine of not more than 500 penalty units or an imprisonment term of not more than five years, or both, where a person steals, intercepts, alters, diverts or unlawfully discloses transmitted messages or data other than to the sender or recipient for which it was intended.

Regulation 6(5) also obliges operators to employ international best practices to promote the privacy, secrecy and security of communication and personal data accounts that relate to subscribers. A breach of this leaves the person liable to a fine of not more than 500 penalty units or to a fine as indicated in the licence issued to the operator if the latter is higher.

Penalties for a breach of Act 843 include a fine of not more than 250 penalty units or a prison term of two years, or both, for persons who fail to register as a data controller but engage in the processing of personal data and purchase or obtain/disclose personal data knowingly.

Furthermore, a fine of not more than 2,500 penalty units or a prison term of not more than five years, or both, will apply for persons found liable for the sale of personal data. Where Act 843 does not specify a penalty for an offence, offenders will be liable to a fine of not more than 500 penalty units or a term of imprisonment of not more than ten years, or both, upon conviction.

Section 50 of the Electronic Transactions Act 2008 (Act 772) covers unsolicited communication, and prohibits the sending of unsolicited electronic communication to consumers without their prior consent. Where electronic commercial communication is sent to a consumer, the sender must provide an option to cancel the subscription and the source from which the persons obtained the consumer’s personal information. In addition, where a customer does not respond to an unsolicited communication, an agreement cannot be deemed to have been concluded, and such customer is entitled to recover costs associated with cancelling the unsolicited communication.

A person who sends unsolicited electronic communication without consent under Section 50 or continues to send communications after the cancellation of a subscription is liable to a fine of not more than 5,000 penalty units or a prison term of not more than ten years, or both, upon conviction.

In relation to telemarketing, the Data Protection Act 2012 (Act 843) requires the consent of the subject to be obtained by the person who seeks to process such data. Section 40 requires the prior written consent of the data subject before his or her data can be used, obtained or provided for direct marketing.

The Electronic Communications Regulations (L.I. 1991) provide that whoever wishes to send unsolicited communications for direct marketing by email, text message or a call must first obtain the consent of the subscriber. Where it is sent without prior consent, such communication must include the contact details of the sender, such as its name and where it can be reached free of charge. Where unsolicited communication is by means of an email, the sender is required to ensure that its identity is not concealed and must provide a valid address to which the subscriber can send a request that the person desists from sending such messages.

The penalties and terms of imprisonment are the same as provided in 6.1 Email Marketing.

The rules that apply to marketing by text message are the same as those that apply to telemarketing (see 6.2 Telemarketing).

There are no specific requirements regarding the use of consumer data for purposes of targeting or retargeting consumers with advertising. However, it is important to note that consumers have a right to consent, and prior written consent must be obtained from a consumer before using their personal data for direct marketing in any form of media. Consumers can also object at any time to the processing of their personal data for direct marketing by giving written notice to the data controller, without stating a reason for such objection.

In addition, where the data of the consumers was gathered with their consent for a specific purpose, it cannot be used for another purpose without their prior consent, and the provisions of the Data Protection Act 2012 in respect of the gathering and use of the data of a subject in Ghana will apply.

Section 37(1) of the Data Protection Act 2012 (Act 843) prohibits the processing of personal data of a child who is under parental control under the law. Section 37(2) allows the processing of such data where it is necessary (ie, for the vital interest of the data subject or to exercise a right or obligation conferred by law on an employer) or with the consent of the data subject.

Therefore, where it is necessary to process the data, the following rules would apply:

• rules on obtaining consent before obtaining or processing personal information;
• rules that data should only be collected and used for a specific and legitimate purposes, and
• rules ensuring the security of data collected from unauthorised access/use.

In addition, the 1992 Constitution of Ghana (Constitution) recognises and protects the right to privacy of its citizens. Article 18(2) of the Constitution provides for the privacy of individuals and prohibits interference with such except in accordance with the law and for public safety, economic wellbeing, health or moral reasons, and for the prevention of crime and/or protection of others.

It is important to note that Section 43 of Act 843 provides that an individual who suffers damage or distress through the contravention of the requirements of the Act by a data controller is entitled to compensation from said data controller for the damage or distress.

Where the personal information of a child is processed without complying with the provisions of Act 843, a fine of not more than 250 penalty units or a prison term of two years, or both, will apply for persons found liable for engaging in such processing of personal data.

The AAG Code provides that children shall not be used as models for all forms of advertisement of alcoholic beverages.

There are no other important privacy rules related to advertising.

The Gaming Act 2006 (Act 721) established the GC, which regulates, controls, monitors and supervises the operation of games of chance in Ghana. This Act repealed the Lotteries Betting Act 1960 (Act 31), which previously regulated private betting and prohibited the advertising of private lotteries.

Promotions/contests offered to the public need to be approved and registered by the GC before they can run. Where they are offered without a licence, this amounts to an offence under Act 721 and the person in breach is liable to a fine of not less than 1,000 penalty units or imprisonment of not less than three years, or both, upon summary conviction.

The GC Guidelines on Advertising must be complied with before advertisements in respect of contests and sweepstakes can be publicised and advertisements are pre-approved.

Applications are made in writing by the promoters of such contests/sweepstakes to the GC, enclosing a detailed proposal containing information about the contest, the modalities and timelines for running the contest, the prize pool and the selection process for the winners. Application fees are determined by the GC based on the prizes being offered in each contest.

The proposal and all the above information are considered before approvals are issued. The GC will inform the promoter of the game of the applicable fees and, upon remittance thereof, the application is processed, and approval is given where the GC is satisfied with the proposal. The GC may make recommendations with respect to aspects of the game of chance or contest to the promoters prior to issuing its approval.

The National Lotto Act 2006 (Act 722) established the National Lotto Authority (NLA), which regulates, supervises and conducts the National Lotto in Ghana. Section 4 of Act 772 prohibits anyone other than the NLA from operating any form of lottery in Ghana. Per Section 5, the NLA is authorised to license Lotto Marketing Companies for the distribution and sale of coupons and for other purposes that the Board of the NLA deems appropriate. The Board of the NLA has about 21 working days after the receipt of the application to grant a licence to the applicant where it is satisfied that the applicant has met the conditions required for a licence and has paid the applicable fees. The applicable fees for the issuance of licences to the Lotto Marketing Company are determined by the Board of the NLA.

The GC regulates all chance-based contests in Ghana. Any contest of skills that has an element of chance in it is also regulated by the GC. For any contest/game of chance regulated by the GC to take place in Ghana, a licence/approval must be sought from the GC.

The Gaming Act 2006 (Act 721) defines a game of chance as “a game other than lotto in which participants, in anticipation of winning a reward on the results of the game which depends on luck and which cannot be determined before the end of the game, pay money for the right to participate in the game”.

It further defines gaming as “playing a game, whether of skill or chance or partly of skill and partly of chance, for stakes hazarded by the players but does not include lotto”.

Games of chance and/or contests of skill (with an element of chance) are regulated by the GC. For any contest/game of chance regulated by the GC to take place in Ghana, a licence/approval must be sought from the GC; organising such games without the GC’s approval will be a breach of the Gaming Act 2006 (Act 721) and will leave such organiser liable. In addition, all advertising or promotional content for the games or contents must be pre-approved by the GC; advertising without pre- approval will amount to a breach of Act 721 and will attract the applicable sanctions.

Approval/Registration Process

Applications are made in writing by the promoters of such games to the GC, submitting a detailed proposal containing information about the game or contest, the modalities and timelines for running the game/contest, the prize pool and the selection process for the winners. The GC also regulates the advertising/promotion of such games/contests in Ghana, which must be pre-approved before they are run. The proposal and all the above information are considered before approvals are issued. The GC will inform the promoter of the game of the applicable fees and, upon remittance thereof, the application is processed, and approval is given where the GC is satisfied with the proposal. The GC may make recommendations with respect to aspects of the game of chance or contest to the promoters prior to issuing its approval.

There are no special laws that regulate free or reduced price offers. Any promotion being offered to the public in Ghana should ordinarily be approved by the GC once it contains an element of chance. Where these free or reduced price offers are to be advertised, pre-approval of such advertisements must be obtained from the relevant authority before they are made known to the public.

Marketers/senders have an obligation to provide the option to opt-out or cancel a subscription in all marketing communication or messages, allowing recipients to revoke their consent at any time they desire. Section 50 of the Electronic Transactions Act 2008 (Act 772) prohibits the sending of unsolicited electronic communication to consumers without their prior consent. Where electronic commercial communication is sent to a consumer, the sender must provide an option to cancel the subscription and the source from which the persons obtained the consumer’s personal information. In addition, where a customer does not respond to an unsolicited communication, the sender cannot assume that an agreement has been reached or concluded with that customer. Such customer is entitled to recover costs associated with cancelling such unsolicited communication.

There are currently no rules in relation to the use of AI in connection with developing advertising content; the applicable rules on data protection/privacy provided under the Data Protection Act 2012 (Act 843) would apply to AI-generated advertising content. The provisions of the Copyright Act in relation to the use of other people’s copyright in AI-generated content would also apply.

Ghanaian laws do not currently provide special rules in respect of making claims that a product is developed through the use of AI or AI-related capabilities.

Ghanaian laws do not currently provide special rules regarding the use of chatbots. However, the use of chatbots would ordinarily need to comply with the provisions of the Data Protection Act 2012 (Act 843), the Electronic Transactions Act 2008 (Act 772), the Electronic Communications Act 2008 (Act 775) and L.I. 1991.

There are currently no special rules regulating the advertising, marketing or sale of cryptocurrency and or/ NFTs in Ghana; the general principles on data protection, copyright, electronic communications and transactions would apply, where applicable.

Ghanaian laws do not currently provide special provisions regarding advertising within the metaverse. Such form of advertising would ordinarily be subject to the advertising regulations and data protection provisions of the Data Protection Act 2012 (Act 843) outlined in this Guide.

The FDA has specific rules relating to the advertising of food, drugs, cosmetics, household products and medical devices, some of which have been discussed elsewhere in the Guide. There are also provisions in relation to the labelling of foods and drugs so that the consumer has all the information to guide them in making an informed decision about the purchase. The provisions on claims are also relevant.

The Public Health Act 2012 (Act 851) prohibits the advertising or promotion of tobacco products in Ghana: all forms of direct and indirect advertising, promotions and sponsorship in relation to tobacco products are prohibited. The Act further provides that tobacco products should not be packaged or labelled in a manner that is false, misleading or likely to create an erroneous impression about its health effects, hazards or characteristics.

Article 45 of the AAG Code has similar provisions in respect of tobacco products. Article 46, however, permits the sponsorship of events by tobacco manufacturers, provided adequate care is taken to ensure that only persons above 18 years are admitted to such events.

Article 47 of the AAG Code provides that advertisements for condoms must not encourage indecency in the use of the product, and that the emphasis should be on health and family planning applications. All advertisements for condoms must carry health warnings promoting total abstinence or faithfulness as the best options.

Ghanaian laws do not currently provide special rules regarding the placement of products in entertainment content.

Other noteworthy rules provided in the AAG Guide in relation to advertisement include the following:

• advertisements are not to portray violence on persons;
• advertisements for condoms are not to encourage indecency in the use of the products and must carry warnings promoting abstinence;
• advertisements for alcoholic beverages are not to promote sexual indulgence or nudity, nor promote excessive or irresponsible drinking;
• abstinence is not to be depicted in a negative light nor portrayed as being wrong in advertisements; and
• the advertisement of tobacco products in any manner is prohibited.