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FeaturesPorn and indecency under Ghana law (Criminal Offences Act, 1960 (Act 29)

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Porn and indecency under Ghana law (Criminal Offences Act, 1960 (Act 29)

Section 101A Definition of sexual exploitation
(1) Sexual exploitation is the use of a person for sexual activity that causes or is likely to cause serious physical and emotional injury or in prostitution or pornography.
(2) A person who sexually exploits (a) another person other than a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than five years and not more than 25 years; or (b) another person who is a child commits an offence and is liable on summary conviction to a term of imprisonment of not less than seven years and not more than 25 years.

Section 278 Gross indecency
A person who publicly and willfully does a grossly indecent act commits a misdemeanour.

Section 278A Immoral or indecent customs or practices, bereaved spouses
A person who compels a bereaved spouse or a relative of that spouse to undergo a custom or practice that is immoral or grossly indecent in nature commits a misdemeanour.

Section 282 Indecent inscriptions
A person who affixes to, or inscribes on, a place or thing so as to be visible from a public place, or affixes to, or inscribes on, a public urinal, or delivers to a person in a public place, or exhibits to public view from a building, a picture or printed or written matter of an indecent or obscene nature, commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.

Section 283 Getting others to do the acts punishable under section 282
A person who gives or delivers to any other person a picture or printed or written matter mentioned in section 282 with the intent that it be affixed, inscribed, delivered or exhibited as mentioned in that section commits a criminal offence and is liable to a fine not exceeding twenty-five penalty units.
Section 284 Advertisements as to venereal disease declared indecent
(1) An advertisement relating to venereal disease, nervous debility, or any other complaint or infirmity arising from or relating to sexual intercourse, and an advertisement claiming aphrodisiac properties for a preparation is, for the purposes of this Act, of an indecent or obscene nature.
(2) Subsection (1) does not apply to an advertisement relating to venereal disease published by or with the authority of the Minister responsible for Health.

ELECTRONIC TRANSACTIONS ACT, 2008 (ACT 772)
Section 136 Child pornography
(1) A person who intentionally does any of the following acts (a) publishes child pornography through a computer; (b) produces or procures child pornography for the purpose of its publication through a computer system; or (c) possesses child pornography in a computer system or on a computer or electronic record storage medium, commits an offence and is liable on summary conviction to a fine of not more than 25 penalty units or a term of imprisonment of not more than10 years or to both.
(2) In this section—
“child” means a person below 18 years;
“child pornography” includes material that visually depicts (a) a child engaged in sexually explicit conduct; (b) a person who appears to be a child engaged in sexually explicit conduct; (c) images representing a child engaged in sexually explicit conduct; and (d) unauthorised images of nude children;
“publish” means (a) distribute, transmit, disseminate, circulate, deliver, exhibit, lend for gain, exchange, barter, sell or offer for sale, let on hire or offer to let on hire, offer in any other way, or make available in any way; (b) have in possession or custody, or under control, for the purpose of doing an act referred to in paragraph (a); and (c) print, photograph, copy or make in any other manner whether of the same or of a different kind or nature to carry out an act referred to in paragraph (a).

DEVELOPMENT AND CLASSIFICATION OF FILM ACT, 2016 (ACT 935)
Section 20 Pornographic films
The Board shall not approve for exhibition, a film which it considers to be pornographic.
Section 28 Forfeiture of equipment
(1) Where a person… (b) exhibits a pornographic film, the Board shall seize the film and the equipment used for the exhibition without limiting criminal proceedings that may be instituted against the exhibitor and apply to the High Court for forfeiture to the State of both the film and the equipment.
(2) A seizure of the film and equipment is not a bar to any criminal proceedings that may be instituted against the exhibiter.

POSTAL AND COURIER SERVICES REGULATORY COMMISSION ACT, 2003 (ACT 649)
Section 29(1) Prohibition on sending certain articles by post or courier
A person shall not send by post… (d) an indecent or a pornographic printing, painting, photograph, lithograph, engraving, book, card or any other indecent pornographic article in whatever form; [or][ (e) a postal article that bears on the cover of it words, marks or designs of an indecent, pornographic, scurrilous, threatening or grossly offensive character.

DISCLAIMER: Independentghana.com will not be liable for any inaccuracies contained in this article. The views expressed in the article are solely those of the author(s) and do not reflect those of The Independent Ghana

Source: By Ace Anan Ankomah via The Finder

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