A proposed draft bill aimed at expanding the authority of the National Information Technology Agency (NITA) is causing concern within Ghana’s tech industry, as many fear it could expose young developers and startup founders to criminal penalties for creating digital products without government approval.
The draft legislation seeks to restructure NITA into an independent regulatory body with broad powers over Ghana’s digital and technology sector.
Some of the major proposals in the bill include mandatory licences for ICT companies, certification requirements for ICT professionals, regulation of emerging technologies such as artificial intelligence and blockchain, as well as a proposed one percent tax on ICT services.
Speaking on Joy News’ PM Express on Monday, technology consultant and analyst Barnabas Nii Laryea cautioned that the bill could hinder innovation and entrepreneurship rather than support them.
According to him, the wording of the proposed law is too broad and creates uncertainty for people working in the technology space.
He noted that the bill states no individual or company can operate in the ICT sector without first obtaining a licence. However, he questioned how far the requirement would extend.
Laryea asked whether web developers, software creators, students building simple SaaS products, or startup founders would also need licences before launching their projects.
He argued that the lack of clarity could discourage young innovators and entrepreneurs from building new products and businesses.
According to him, laws regulating technology should create opportunities and encourage innovation instead of introducing fear and confusion.
He also criticised the government’s decision to push several ICT-related bills at the same time, describing the move as overly ambitious from a public policy perspective.
Laryea added that the speed of the legislative process has raised suspicion among many people within the tech ecosystem, with some questioning the government’s true intentions.
He further warned that the bill, if passed in its current form, could unintentionally criminalise innovation by imposing penalties, including fines or imprisonment, on individuals operating without licences.
To illustrate his concern, he gave an example of a young Ghanaian developer launching a scheduling app, only for authorities to later classify the app as a service requiring licensing, potentially placing the founder in violation of the law.
“This is not how modern innovation ecosystems are built,” he said.
Source: myjoyonline.com
