In case you did not know, the public circulation of n*ked pictures or videos in Ghana – whether willingly or unwillingly, accidentally or deliberately, constitutes a criminal offence! The Criminal Act is clear on public obscenity, n*dity, publication and or circulation.
“A person who publishes or offer for sale an obscene book, writing, or representation commits a misdemeanor”- section 280 of Criminal Offences Act, 1960.(Act 29) Section 281 (1) of Act 29 also states that “A person commits a misdemeanor.
“(a) for the purpose of or by way of trade, or for the purpose of distribution or public exhibition , makes , produces, or has in his possession any one or more obscene writing , drawings , prints , paintings, printed matter, picture, emblem , photographs, cinematography films or other obscene objects.
The Criminal Code of Ghana debars anyone from publishing or offering for sale, any material that has the tendency to deprave societal morals. Any publication that is unnecessarily and improperly calculated to excite passions or corrupt those whose minds are open to such immoral influences can be held for promoting obscenity.
Obscenity also involves having in your possession, putting into circulation or publicly exhibiting obscene drawings, prints, posters, photographs or any other related obscene objects. This means that downloading indecent materials and images from the internet as is often done, also amounts to a criminal offence, even though there are no plans to publish or circulate the obscene objects.
This is because downloading constitutes a pseudo- photograph (would-be). Moreover, downloading in effect is making a new copy of the original material. Also possessing a material of obscene nature amounts to a criminal offence, whether or not there is intent to circulate it. If for the purposes of trading or sale in obscene publication, any person imports, conveys or exports materials related to obscenity, that person also commits a criminal offence.
In America, a 19 year old American, Kendra Sunderland, has been taken into custody for baring her breasts in a p*rn-style video shot in a university library. She has reportedly been charged with public indecency after the film emerged online and shared more than 250,000 times.
In Ghana, we have had 2 of such public n*dity cases in recent times. Sister of musician Wanluv Kubolor, Deborah Vanessa aka Sister Debbie, deliberately shot herself stark n*ked and willingly uploaded it on her Instagram page. She confirmed on Neat FM’s Tuesday Entertainment Ghana on 20th Jan, 2014, that she did snap and upload her n*de pictures.