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0 A proposed law to transform the National Information Technology Agency (NITA) into a powerful, independent regulator is facing growing backlash, with Technology Analyst and Consultant warning that the rush to pass multiple digital bills is creating fear and suspicion within Ghana’s tech ecosystem.
Speaking on PM Express on Monday, Barnabas Nii Laryea questioned why government was pushing about 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 said.
The proposed National Information Technology Authority Draft Bill seeks to overhaul Ghana’s existing 2008 ICT law.
The bill proposes mandatory licensing for ICT businesses, compulsory certification for ICT professionals, regulation of emerging technologies such as AI and blockchain, and a proposed 1% levy on ICT services.
But the proposal has triggered sharp concern among software developers, startups and technology entrepreneurs.
Responding to a question about why young developers should worry about the bill, Barnabas warned that poorly designed regulation could damage innovation rather than support it.
“I think you should be worried, because regulation can go as far as lowering the barriers to innovation rather than creating the kind of enabling environment that you want to see,” he stated.
He pointed specifically to provisions requiring every ICT business to obtain a licence before operating.
According to him, the definitions contained in the draft law are too 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 license, and the definition includes basically an organisation providing ICT infrastructure, ICT products, ICT services, that’s super broad,” he said.
He questioned whether ordinary web developers, students building software products or startup founders would all need government licences before launching their ideas.
“Does a web developer need a license? Does a website developer need a license? Does a student who is just building simple SaaS products, even in KNUST today, need a license? Does a startup founder need a license before they launch?” he asked.
Barnabas argued that the bill’s ambiguity is already creating tension within the 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.
He also criticised government’s broader legislative agenda in the digital sector.
“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.”
The technology analyst further warned that parts of the bill could criminalise innovation.
According to him, the draft law proposes penalties, including fines and possible imprisonment, for operating without the required licence.
“Imagine a 22-year-old Ghanaian launches a scheduling app. Three months later, NITA decides that this app falls under a category that requires licensing. The founder could technically become non-compliant,” he warned.
“This is not how modern innovation ecosystems are built.”
