The Ghana Association of Libertarian Think Tanks (GALT) has called on the government to provide urgent clarification on the proposed National Information Technology Agency (NITA) Bill, 2025, raising concerns about transparency, regulatory overreach, and the future of Ghana’s digital economy.
In a press statement released on May 29, GALT outlined ten critical questions it believes must be answered before the legislation is presented to Parliament.
The association argues that despite recent stakeholder consultations organized by the Ministry of Communication, Digital Technology and Innovations, significant uncertainties remain regarding the scope, implementation, and implications of the bill.
Concerns Over Consultation Process
At a stakeholder engagement held on May 26 under the theme “The NITA Bill and Ghana’s Digital Future: Responding to Stakeholder Concerns,” the Minister for Communication, Digital Technology and Innovations reportedly disclosed that the version of the bill currently circulating among stakeholders is outdated, with newer versions already under Cabinet consideration.
For GALT, this revelation raises serious concerns about the integrity of the consultation process.
According to the association, engaging stakeholders on a superseded draft undermines meaningful public participation and risks excluding citizens and industry players from discussions on provisions that may ultimately become law.
The group is demanding immediate publication of the latest version of the bill and a fresh round of consultations based on the actual text being considered by Cabinet.
Scope of the Licensing Regime Questioned
One of the central issues raised by GALT concerns the bill’s licensing requirements.
During the consultation, government officials reportedly clarified that licensing would primarily apply to ICT companies providing services to government institutions, ministries, metropolitan and district assemblies, and other state agencies.
However, GALT argues that the publicly available draft does not reflect this limitation. Instead, the bill appears to cover a broad range of digital businesses, including software developers, mobile application creators, fintech companies, e-commerce platforms, data analytics firms, and market information providers.
The association contends that if government intends to restrict licensing only to contractors serving public institutions, that limitation must be clearly stated in the legislation itself rather than communicated through verbal assurances.
Questions About Existing Legal Authority
GALT also challenges claims that parts of the proposed regulatory framework are already supported by existing laws and fee schedules.
The association argues that while legislation such as the Fees and Charges Act may establish fees for services, it does not automatically grant authority to compel licensing of private ICT businesses or impose penalties for non-compliance.
As a result, GALT is seeking clarification on the legal basis for any current licensing activities and whether the government acknowledges that the bill would create an entirely new regulatory framework rather than simply formalizing existing practices.
Opposition to Criminal Penalties
Another major concern involves provisions that could criminalize operating an ICT business without a licence.
According to GALT, if licensing is intended solely for companies seeking government contracts, administrative sanctions such as disqualification from procurement opportunities would be more appropriate than criminal prosecution.
The association warns that if the provisions apply broadly across the digital economy, they could expose software developers, startups, freelance programmers, and young entrepreneurs to fines or imprisonment simply for operating without state authorization.
GALT argues that criminal law should be used sparingly and only where there is clear evidence of serious public harm.
Levy Removal Welcomed but Questions Remain
The association acknowledged government assurances that the controversial proposed 1 percent gross revenue levy has been removed from the latest draft of the bill.
However, it remains concerned that alternative revenue-generating mechanisms could emerge through licensing fees, renewal charges, or compliance costs.
GALT is therefore calling for full disclosure of the revised fee structure and any regulatory impact assessments conducted to evaluate the financial burden on startups and small businesses.
Potential Impact on the One Million Coders Program
The proposed legislation has also sparked concerns about its relationship with the government’s One Million Coders Programme, an initiative designed to develop digital skills among Ghanaian youth.
GALT points to a provision in the current draft that reportedly requires ICT professionals to obtain certification before employment.
The association argues that such a requirement could create barriers for newly trained coders, particularly if certification processes are expensive, slow, or inaccessible.
GALT is calling on government to explain how graduates of the programme would transition into employment and whether they would automatically qualify for certification upon completion of training.
Risks of Regulatory Overlap
Beyond licensing concerns, GALT warns that the bill could further complicate Ghana’s digital regulatory environment.
The association notes that several institutions already oversee different aspects of the technology sector, including cybersecurity, telecommunications, data protection, and financial technology regulation.
Without clearly defined boundaries, businesses may face overlapping compliance obligations from multiple regulators, increasing costs and creating uncertainty for investors and entrepreneurs.
GALT argues that regulatory clarity is essential if Ghana hopes to remain competitive as a destination for digital innovation and investment.
Ministerial Powers Under Scrutiny
The association also questions provisions that reportedly allow the Minister to expand licensing requirements through legislative instruments.
According to GALT, such powers could create uncertainty for businesses by enabling future governments to broaden regulatory obligations without comprehensive parliamentary debate.
The group is urging lawmakers to introduce stronger safeguards, including parliamentary oversight, review mechanisms, and clear limits on ministerial discretion.
Security Concerns and Cyber Governance
Government officials have defended aspects of the bill as necessary to strengthen cybersecurity and protect critical state infrastructure. While acknowledging the importance of national cyber resilience, GALT argues that commercial licensing schemes should not be confused with national security measures.
The association contends that cybersecurity threats require specialized defence capabilities and dedicated cyber defence institutions rather than expanded regulatory control over private technology businesses.
Call for Transparency Before Parliamentary Debate
In its conclusion, GALT maintains that Ghana’s growing digital economy has flourished because innovators have enjoyed the freedom to create, experiment, and compete with minimal barriers.
The association is urging government to take three key steps before proceeding with parliamentary consideration of the NITA Bill:
📍 Publish the latest version of the bill currently before Cabinet.
📍 Conduct a new round of stakeholder consultations based on the updated text.
📍 Provide written and public responses to the ten questions raised by stakeholders.
According to GALT, Ghana’s digital future should be built on innovation, competition, constitutional governance, and economic freedom rather than what it describes as excessive regulation, administrative opacity, and centralized control.
