Some Clauses in the Bill for the promotion of proper human sexual rights and Ghanaian family values act, 2021, which criminalises the support, promotion and sponsoring of Lesbian, Gay, Bisexual, Trans-Gender, Queer+(LGBTQ+) is provoking furry amongst stakeholders, especially with persons and institutions that goad the community members on.
By Curtis Blunt
Clause (1) of Article 13 of the Bill, which this paper has a copy states that “A person who funds or sponsors an activity prohibited under this Act commits an offence and is liable, on summary conviction, to imprisonment for a term of not less than five years and not more than ten years.(2)Where (a)a body corporate is convicted under subsection (1), subsections (2),(3), (4), (5) and (6)of section 25 of the Interpretation Act, 2009 (Act 792) shall apply; or(b)an unincorporated body of persons is convicted under subsection (1), the principal officers of the body of persons, whatever name called, shall be deemed to have also committed the offence.”
By the aforementioned Article and Clause in the Bill, any person who receives funding from pro-LGBTQ+ donor agencies to champion the cause of any of the community member could be jailed not less than five years and not more than ten years.
Another Article, 12 (1)of the Bill, which many media personalities are misconstruing it as a gag order states inter alia under “Prohibition of propaganda of, promotion of and advocacy for activities directed at a child” that “A person who produces, procures, markets, broadcasts, disseminates, or publishes a material or information directed at a child whether directly or indirectly with the intent to (a)evoke the interest of the child in an activity prohibited under this Act; or(b)teach the child to explore any gender or sex other than the binary category of male or female; commits an offence and is liable, on summary conviction, to a term of imprisonment of not less than six years and not more than ten years.
(2)Where a person is convicted under subsection (1), the owner of the media, technological
platform or a technological account on which the material or information is circulated under subsection (1) is deemed to have committed the offence unless it is proved that the owner (a) did not consent to, or connive at the commission of the offence; and (b) exercised the degree of reasonable diligence as ought in the circumstances to have been exercised to prevent the commission of the offence.
“For purposes of this section, “media” includes radio, newspaper and television; “technological platform” includes websites, Facebook, twitter, Instagram and other social media applications and sites; and “technological account” includes facebook account, twitter account, Instagram account and any other social media account”.
Keep reading NewsDay as we publish the Bill unedited in next edition.