A proposed law seeking to transform the National Information Technology Authority (NITA) into a powerful independent regulator is facing growing criticism, with concerns emerging that the legislation could create fear and uncertainty within Ghana’s technology ecosystem.
Speaking on PM Express on Monday, technology analyst and consultant Barnabas Nii Laryea questioned why the government is attempting to push nearly 15 digital-related bills simultaneously.
“For everybody that’s in the space, everybody that has played in this space for a long time, the first thing you are thinking about is what are they hiding?” he stated.
The proposed National Information Technology Authority Draft Bill seeks to overhaul Ghana’s existing ICT legislation passed in 2008.
Among the key proposals in the bill are mandatory licensing for ICT businesses, compulsory certification for ICT professionals, regulation of emerging technologies such as artificial intelligence and blockchain, and the introduction of a proposed one per cent levy on ICT services.
However, the proposals have triggered concerns among software developers, startup founders, and technology entrepreneurs.
Responding to questions about why young innovators should be worried about the bill, Mr Laryea cautioned that poorly designed regulation could undermine innovation instead of encouraging it.
“I think you should be worried, because regulation can go as far as raising the barriers to innovation rather than creating the kind of enabling environment that you want to see,” he said.
He pointed specifically to provisions in the draft law requiring every ICT business to obtain a licence before operating.
According to him, the definitions contained in the bill are overly broad and unclear.
“When you look at a specific issue, like every ICT business must be licensed, and then it’s saying that a person shall not engage in a business or related activity in the ICT sector unless that person has been granted a licence, and the definition includes basically an organisation providing ICT infrastructure, ICT products, ICT services — that’s super broad,” he explained.
Mr Laryea questioned whether ordinary web developers, students building software products, and startup founders would all be required to obtain government licences before launching their ideas.
“Does a web developer need a licence? Does a website developer need a licence? Does a student who is just building simple SaaS products, even in KNUST today, need a licence? Does a startup founder need a licence before they launch?” he asked.
He argued that the ambiguity within the draft legislation is already creating tension across Ghana’s technology community.
“We cannot build, or we cannot make new laws and keep the laws in ambiguity, even at the point of passage,” he stressed.
The technology analyst also criticised the government’s wider digital legislative agenda, describing it as overly ambitious.
“From any public policy standpoint, it’s overly ambitious, and it creates room for some of these tensions,” he said.
“You don’t do 15 bills at a time, because it needs a lot of attention, a lot of time, a lot of man-hours to be able to make sure that you get the bill right.”
