Ghana Domain Name Registry Bill – formerly provided for in Electronic Transactions Act
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Executive Summary
The Ghana Domain Name Registry Bill establishes a comprehensive regulatory framework for managing Ghana's .gh domain name system. The bill creates the Ghana Domain Name Registry as a self-governing, non-profit entity governed by a presidentially-appointed board with mandatory gender representation (5). The Registry will manage the .gh domain space, license registrars, and operate a DNS Security Operations Centre to monitor and protect against cyber threats (18).
The bill's most significant provision mandates that all legally registered entities in Ghana must register and use a .gh domain name for their official online presence and digital communications, with a six-month transition period for existing entities (19). Non-compliance carries substantial penalties: annual fines of 1,000-10,000 penalty units, potential business license suspension or revocation, and exclusion from public contracts for up to two years (21). Corporate directors who knowingly permit violations face personal fines up to 5,000 penalty units. The Registry will publicly list non-compliant entities (23) and can obtain court orders to seize or block violating domain names (24). Limited exemptions exist for entities whose digital operations are based outside Ghana, don't target Ghanaian users, and are subject to foreign digital laws (20).
The bill establishes robust financial mechanisms to support digital development. The Registry operates tax-exempt (28) and receives funding from Parliament, the Digital Economy and Innovation Development Fund, service fees, and donations (25). A separate Domain Name Registry Fund prioritizes projects supporting SME digital capabilities and domain name system improvements (36). The Registry can borrow with government guarantees subject to Finance Minister approval (27).
The regulatory framework includes structured dispute resolution through a specialized five-member Dispute Resolution Committee with expertise in intellectual property and internet law (39). Parties must exhaust this process before court action, with decisions issued within 30 days and appeals available to the High Court (38). The bill requires annual reporting to Parliament and public disclosure of Registry activities (30), while the Minister retains authority to issue policy directives for domain space management (10). Operating as an unlicensed registrar carries penalties, and the Registry has 60 days to process license applications (15, 16).
Impact Analysis
Digital Innovation
The Ghana Domain Name Registry Bill creates a highly restrictive environment for digital innovation through mandatory domain requirements and severe enforcement mechanisms. The bill's core mandate requiring all legally registered entities to register and use .gh domains for official digital presence (19) fundamentally constrains entrepreneurial freedom and digital...
Freedom of Speech
This bill creates significant risks to freedom of speech and expression through provisions that establish extensive surveillance infrastructure and domain blocking powers without adequate safeguards. The DNS Security Operations Centre (18) will monitor all .gh domain "resolutions, traffic, and logs" and can initiate "containment" and...
Privacy & Data Rights
The Ghana Domain Name Registry Bill introduces significant privacy concerns through its establishment of a centralized surveillance infrastructure and broad investigative powers. The mandatory DNS Security Operations Centre (18) will continuously monitor domain resolutions, traffic, and logs across all .gh domains, with compulsory...
Business Environment
This bill imposes severe operational and financial burdens on Ghana's business community through mandatory domain requirements and punitive enforcement mechanisms. The mandatory .gh domain registration (19) requires all legally registered entities to register and maintain active .gh domains for official websites and use them for all official digital...
Critical Issues with This Bill
These concerns pose significant risks to Ghana's digital innovation ecosystem
Mass Surveillance Without Data Protection
The DNS Security Operations Centre will monitor "domain resolutions, traffic, and logs" for all .gh domains, but the provision contains no privacy safeguards, data minimization principles, or independent oversight. Combined with mandatory .gh domain use (19), this creates a system where all legally registered entities must route their digital operations through government-monitored infrastructure. The provision violates GDPR principles (no data minimization, purpose limitation, or transparency), ICCPR Article 17 (arbitrary interference with privacy), and OECD privacy guidelines by establishing mass surveillance without specifying what data is collected, how long it's retained, who can access it, or whether judicial authorization is required.
Universal Business Licensing Through Domain Control
This provision mandates that all legally registered entities must register and use .gh domains for official websites and all official digital correspondence and transactions. This operates as a universal licensing requirement backed by business license suspension/revocation (21) and public contract exclusion. Unlike sector-specific regulations, this captures every business operating in Ghana's digital economy, eliminating competitive infrastructure choice and creating a single point of control over business market access. The narrow exemptions in 20 require foreign hosting AND foreign jurisdiction, effectively excluding domestic businesses entirely.
Statutory Monopoly Eliminates Competition
The provision establishes the Registry as "the only domain name Registry" with exclusive control over Ghana's .gh domain space, creating a statutory monopoly without competitive alternatives. While the Registry can license multiple registrars (1(f)), the Registry itself operates as an exclusive monopoly, preventing market competition in registry services. Combined with the government-controlled board structure in 5, this creates a single point of control over critical digital infrastructure that businesses must use, eliminating competitive pressure for service quality and innovation.
Executive-Dominated Board Enforces Mandatory Registration
The Board governing the Registry is majority-controlled by executive appointees (President appoints all members; at least 3 of 8 are executive-aligned), creating a governance structure biased toward aggressive enforcement of the mandatory .gh registration requirement rather than business-friendly policies. The Board includes the Executive Director (who benefits from Registry growth through enforcement) and a licensed registrar representative (who may benefit from competitors facing penalties), creating conflicts of interest where the governing body profits from enforcement. Only one member represents the business community subject to mandatory registration, while no structural separation exists between policy-making and enforcement functions—the same Board governs both the monopoly operator and the enforcer of substantial penalties (21).
Unilateral Ministerial Rule-Making Power
The Minister can publish binding policy directives for the .gh domain space without parliamentary approval or public consultation. Given that all registered entities must comply with mandatory .gh registration (19) and face severe penalties for non-compliance—including business license suspension and public contract exclusion (21)—this creates significant regulatory uncertainty. Businesses cannot predict compliance requirements when rules can change at ministerial discretion, chilling investment and making long-term planning difficult.
Monopoly Structure with Discretionary Licensing
The provision establishes the Registry as the sole authority to maintain Ghana's domain registry, explicitly prohibiting alternative repositories with criminal penalties up to 10,000 penalty units for corporate violations. While the 60-day licensing timeline provides structure, the Registry can impose "terms and conditions where the Registry deems it appropriate" without legislative limits, and technical requirements are prescribed by the Registry itself rather than defined in law. Combined with vague suspension grounds in 17 ("misconduct," "abuse"), this creates a high-barrier, discretionary licensing regime within a monopoly structure. Since all legally registered entities must use .gh domains, this eliminates competitive pressure and concentrates substantial market control in a single entity with undefined discretionary powers—more restrictive than typical OECD infrastructure licensing practice.
Vague License Revocation Chills Innovation
The Registry can suspend or revoke registrar licenses for undefined "misconduct" or "abuse" without requiring notice, hearing, or written reasons. This regulatory uncertainty discourages market entry and innovation—potential registrars cannot assess compliance risk when standards are vague and enforcement is discretionary. The provision states it "does not limit" additional Registry powers, creating unlimited regulatory exposure. Combined with mandatory .gh domain requirements (19), this gives the Registry unchecked power over digital infrastructure, undermining the competitive registrar market essential for digital innovation.
Arbitrary License Revocation Threatens Registrars
The Registry can suspend or revoke registrar licenses on vague grounds like "misconduct which harms consumers or the public interest" or "failure to meet ongoing requirements prescribed by the Minister"—without requiring notice, hearing, written reasons, or appeal rights. This creates severe regulatory uncertainty for registrars as businesses: they cannot clearly understand what conduct triggers license loss, cannot defend themselves before revocation, and face undefined compliance obligations that can change at ministerial discretion. Combined with 19's mandatory .gh domain requirement, this gives the Registry unchecked power to exclude businesses from the domain registration market without basic procedural safeguards standard in OECD regulatory frameworks.
Mandatory Government Infrastructure Deters Innovation
This provision establishes a DNS Security Operations Centre that monitors all .gh domain "resolutions, traffic, and logs" using automated or manual methods. Combined with the mandatory .gh domain requirement in 19, this forces all businesses to route their digital operations through government-controlled infrastructure with broad monitoring capabilities. The provision lacks data minimization principles, independent oversight, or privacy safeguards, creating uncertainty for digital entrepreneurs. This infrastructure lock-in and surveillance concern deters digital innovation by removing business choice in infrastructure providers and creating competitive disadvantages compared to jurisdictions with optional, competitive domain systems.
Government Surveillance Without Privacy Safeguards
The DNS Security Operations Centre monitors all .gh domain "resolutions, traffic, and logs" using automated or manual methods. Combined with the mandatory .gh domain requirement in 19, this creates government surveillance of all legally registered entities' digital communications. The provision lacks critical privacy safeguards: no data minimization, no independent oversight, no judicial authorization for monitoring, and no user notification. This broad monitoring scope without procedural safeguards creates chilling effects on digital expression and violates international standards for privacy and freedom of expression (ICCPR Articles 17 and 19).
Mandatory Government Infrastructure Monitoring
This provision requires all .gh domains to be monitored by a government-controlled DNS Security Operations Centre that tracks "domain resolutions, traffic, and logs." Combined with the mandatory .gh domain requirement in 19, this forces all legally registered businesses to route their digital operations through government infrastructure with broad monitoring capabilities. This eliminates market choice in infrastructure providers, creates business confidentiality risks (as proprietary communications and customer data flows are subject to government observation), and imposes compliance costs particularly burdensome for SMEs. The provision lacks safeguards for trade secrets or competitive information, creating a competitive disadvantage for Ghana-based businesses versus international competitors and deterring foreign investment in Ghana's digital economy.
Forced Government Infrastructure Dependency
This provision mandates that all entities use .gh domains for official websites and digital communications, creating a government-controlled infrastructure dependency for digital innovation. Startups and digital businesses cannot choose domain infrastructure based on technical merit or cost—they must use the Registry's infrastructure regardless of competitive alternatives. This technology lock-in backed by business license revocation creates a significant barrier to market entry and chills innovation by forcing businesses onto a single entity's terms, contrary to the competitive infrastructure choice found in OECD digital economies.
Narrow Exemption Criteria Exclude Legitimate Businesses
The exemption requires entities to meet all three conditions simultaneously: exclusive hosting outside Ghana, no targeting of Ghanaian users, AND multinational status with foreign digital jurisdiction. This excludes many legitimate business scenarios—regional African businesses serving multiple countries, diaspora enterprises with Ghanaian customers, and foreign companies with Ghanaian subsidiaries all fail to qualify. Combined with discretionary approval ("may grant") and vague criteria like "does not target Ghanaian users," businesses face uncertainty about whether they qualify. When paired with severe penalties in 21 (annual fines up to 10,000 penalty units, license revocation, and public procurement exclusion), this narrow exemption framework creates substantial barriers to foreign investment and regional business integration.
Severe Penalties Deter Digital Entrepreneurship
This provision imposes business-ending penalties for non-compliance with mandatory .gh domain registration: annual fines up to 10,000 penalty units, license revocation, and two-year public procurement exclusion. For digital startups and SMEs—the primary drivers of innovation—these penalties create existential risks over technical compliance matters. The undefined "repeated non-compliance" threshold and lack of explicit cure periods create enforcement uncertainty that deters digital experimentation. Combined with 19 requiring ALL entities to use .gh domains, this effectively mandates participation in government infrastructure under threat of business exclusion—a significant departure from innovation-friendly regulatory approaches that allow digital autonomy.
License Revocation Without Clear Standards
This provision authorizes license suspension or revocation for "repeated non-compliance" with 19's .gh domain requirement, but fails to define what constitutes "repeated" violations. Businesses face existential threats—including public procurement exclusion for up to two years—without clear enforcement thresholds or explicit due process protections before coercive action. These consequences are disproportionate to a technical domain registration requirement and create enforcement uncertainty that undermines business planning and market participation.
Self-Interested Enforcement Without Safeguards
The provision creates a Domain Compliance Unit staffed by Registry officers and ministerially-appointed persons to audit domain usage and serve compliance notices. This structure embeds a conflict of interest: the Registry, which profits from domain registrations and registrar licensing (25), controls the enforcement mechanism that triggers severe penalties (21). The provision provides no independence safeguards, audit scope limits, or pre-notice hearing rights, creating regulatory uncertainty where businesses face unpredictable enforcement by a self-interested regulator. Combined with undefined "audit and monitor domain name usage" authority, this discourages market entry and innovation.
Public Shaming Without Due Process
The Registry must publish lists of non-compliant entities on its website and may publish names in national newspapers and government gazettes. However, the provision lacks critical procedural safeguards: no notice before publication, no opportunity to cure violations before public naming, no clear criteria for removal after compliance, and no proportionality review. Combined with severe penalties including license suspension and contract exclusion (21), this creates substantial reputational harm that can permanently damage businesses even after they achieve compliance. The vague "fundamental human rights" consideration clause provides no operational protection against disproportionate public shaming for technical or administrative violations.
Domain Seizure Without Speech Protections
The Registry can obtain court orders to seize, block, or deactivate domain names without requiring notice to the domain owner, a hearing opportunity, or appeal rights before execution. Since domain names are essential infrastructure for online speech, this power enables immediate silencing of online expression based on technical registration violations under the mandatory .gh requirement (19). The provision makes no distinction between domains used for speech versus purely commercial purposes, and the "reasonable suspicion" standard for premises entry to "inspect digital systems" could expose private communications and unpublished content without adequate safeguards.
Warrantless Digital Surveillance Powers
The provision authorizes premises entry to "inspect digital systems" based only on "reasonable suspicion of concealment or fraud"—a vague, low evidentiary threshold. This grants access to potentially all business data systems (servers, databases, emails, customer records) without specifying what information can be collected, how long it can be retained, or restrictions on secondary use. The provision lacks fundamental data protection safeguards: no limits on data collection scope, no notification to affected data subjects, and no independent oversight of how collected information is used. This creates disproportionate surveillance authority for administrative domain registration enforcement.
Broad Premises Inspection Without Safeguards
The Registry can obtain court orders to enter business premises and inspect digital systems based on "reasonable suspicion of concealment or fraud"—a vague, low threshold that creates operational uncertainty. The provision provides no notice requirements, no limits on what digital systems can be inspected, and no appeal rights before warrant execution, allowing access to proprietary business information, financial records, and customer data far beyond domain registration matters. Combined with mandatory .gh registration (19), this subjects all legally registered entities to potential premises entry for infrastructure compliance violations, creating business disruption risk without the procedural protections standard in comparable jurisdictions.
Penalty Enforces Digital Infrastructure Lock-in
This general penalty clause (2,000-10,000 penalty units) enforces the bill's unprecedented mandatory .gh domain registration requirement (19), creating substantial financial consequences for digital businesses that don't comply. The penalty reinforces a regulatory framework that forces all legally registered entities to use government-controlled digital infrastructure for their official online presence, limiting flexibility in digital strategy and creating barriers to innovation. Combined with additional enforcement mechanisms like business license suspension and public contract exclusion (21), this creates a chilling effect on digital experimentation and disproportionately impacts startups and digital-native businesses with limited resources.
Disproportionate Penalties for Administrative Non-Compliance
This provision establishes a general penalty of 2,000-10,000 penalty units for any violation where no specific penalty is provided. While general penalty clauses are standard legislative technique, this one creates disproportionate enforcement burdens when applied to the mandatory .gh domain registration requirement. The penalty operates cumulatively with other enforcement mechanisms—annual fines (21), business license suspension/revocation, public contract exclusion, and domain seizure (24)—creating an overwhelming compliance burden for businesses, particularly SMEs. The summary conviction process may not provide adequate procedural safeguards given the severity of business consequences for what is essentially administrative non-compliance with a registration mandate.
Key Provisions
Application and objects
Plain Language Summary
This law applies to the Ghana Domain Name Registry, its licensed registrars, and anyone who registers a .gh domain name. The law aims to set up the Ghana Domain Name Registry and regulate the .gh domain name system. It also establishes a fund for the registry and requires entities in Ghana to use the .gh domain name.
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(1) This Act applies to:
- (a) the Ghana Domain Name Registry; - (b) registrars licensed by the Registry; and - (c) registrants of .gh domain names. - The object of this Act is to: - (a) establish the Ghana Domain Name Registry; - (b) provide for the regulation of the .gh domain name space; - (c) establish the Domain Name Registry Fund; - (d) mandate the use of the .gh domain name for entities in the Republic; and - (e) provide for ancillary matters.
Domain Name Registry
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Establishment of the Domain Name Registry
Plain Language Summary
This provision formally establishes the Ghana Domain Name Registry. The Registry is created as a self-governing body with the ability to manage its own affairs and operate under its own name. It will function as a non-profit entity.
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(1) There is established by this Act the Ghana Domain Name Registry.
The Registry is a body corporate with perpetual succession and a common seal and may sue and be sued in its corporate name.
The Registry is a non-profit making entity.
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Duties of the Registry
Plain Language Summary
The Registry is responsible for promoting the benefits of domain name registration to the public. It must research and monitor the domain name system, assess how well the .gh domain space meets the needs of Ghanaians, and provide information on domain name registration. The Registry also audits licensed registrars and evaluates the effectiveness of the law governing domain names, and can collaborate with other organizations and experts.
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(1) The Registry shall enhance public awareness on the economic and commercial benefits of domain name registration.
The Registry:
- (a) may conduct investigations related to its functions that it considers necessary; - (b) shall conduct research into and keep abreast with developments in the country and elsewhere on the domain name system; - (c) shall continually survey and evaluate the extent to which the .gh domain name space meets the needs of the citizens; - (d) may issue information on the registration of domain names in the country; - (e) shall conduct biennial audits on all licensed registrars; andThe Registry shall continually evaluate the effectiveness of this Act and action taken towards the management of the .gh domain name space.
The Registry may:
- (a) liaise, consult and co-operate with any person or other Registry; and - (b) appoint experts and other consultants on conditions that the Registry may determine.
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Functions of the Registry
Related Key Concerns
Plain Language Summary
The Registry manages Ghana's (.gh) domain name space, ensuring its proper function and security. It licenses registrars, provides secure email to government bodies, and publishes guidelines for domain name registration and web standards. The Registry also audits government web applications and ensures compliance with the Act for all .gh domain-related activities.
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(1) The Registry is responsible for the .gh domain name space and shall:
- (a) be the only domain name Registry and operate the only registry of .gh domain names; - (b) administer and manage the .gh domain name space; - (c) comply with international best practice in the administration of the .gh domain name space; - (d) update and maintain the central registry and perform any function necessary to ensure the proper functioning of the .gh domain name space; - (e) implement Domain Name System Security Extensions for all .gh domain names; - (f) license and regulate registrars; - (g) provide secure email hosting services with end-to-end encryption for metropolitan, municipal and district assemblies, government ministries, agencies and departments, and security agencies; - (h) publish guidelines on:(i) the general administration and management of the .gh domain name space;
(ii) web standards for metropolitan, municipal and district assemblies, government ministries, agencies and departments, and security agencies;
(iii) the requirements and procedures for domain name registration; and
(iv) the maintenance of and public access to the repository, with due regard to the policy directives which the Minister may give from time to time; and
- (i) audit metropolitan, municipal and district assemblies, government ministries', agencies', and departments', and security agencies' web applications at a prescribed fee.- After the assumption of responsibility for the .gh domain space, a person shall not do anything or operate the .gh domain name or any domain name associated with the country except as provided under this Act.
Governance of the Registry
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Governing Body of the Registry
Related Key Concerns
Plain Language Summary
This provision establishes the governing board for the Registry, which includes representatives from various sectors such as government, law enforcement, universities, the internet community, and legal experts. The President appoints the board members, with a requirement to include at least three women. The board is responsible for overseeing the Registry's operations and ensuring it functions effectively.
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(1) The governing body of the Registry is a Board consisting of:
- (a) the Executive Director of the Registry; - (b) two persons nominated by the Minister, one of whom shall be nominated from one of the agencies of the Ministry; - (c) one person nominated by the Minister responsible for the Interior from the law enforcement agencies; - (d) one person nominated by the internet technical community; - (e) one person nominated by the public universities; - (f) one person nominated by the private universities; - (g) one legal expert with at least seven years' experience in intellectual property law and cyber law; and - (h) one person nominated by licensed local registrars.The members of the Board shall be appointed by the President in accordance with article 70 of the Constitution.
The President shall appoint one of the members to be the chairperson.
The Board shall ensure the proper and effective performance of the functions of the Registry.
Notwithstanding any other provision in this section, the composition of the governing board shall include not less than three (3) women as members.
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Tenure of office of Board members
Plain Language Summary
Board members can serve up to four years and be reappointed for a maximum of two consecutive terms. Vacancies on the Board are filled by presidential appointment, based on advice from a nominating authority and consultation with the Council of State. A member who misses three meetings in a row without a good reason will be removed, and members can resign by writing to the President through the Minister.
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(1) A member of the Board shall hold office for a period not exceeding four years and is eligible for reappointment, but a member shall not be appointed for more than two terms in succession.
Where a member of the Board, resigns, dies, is removed from office or is for a reasonable cause unable to act as a member, the Minister shall notify the President of the vacancy and the President shall, acting on the advice of the nominating authority and in consultation with the Council of State appoint another person to hold office for the unexpired portion of the member's term of office.
A member of the Board, who is absent from three consecutive meetings of the Board without reasonable cause ceases to be a member of the Board.
A member of the Board, may at any time resign from office in writing addressed to the President through the Minister.
(1) The Board shall meet at least once every three months for the despatch of business at the times and in the places determined by the chairperson.
The chairperson shall at the request in writing of not less than one-third of the membership of the Board convene an extraordinary meeting of the Board at the place and time determined by the chairperson.
The quorum at a meeting of the Board shall be two thirds of members of the Board or a greater number determined by the Board in respect of specific matters.
The chairperson shall preside at meetings of the Board and in the absence of the chairperson a member of the Board elected by the members present from among their number shall preside.
Matters before the Board shall be decided by a majority of the members present and voting and in the event of an equality of votes, the person presiding shall have a casting vote.
The Board may co-opt a person to attend a Board meeting, but that person shall not vote on a matter for decision at the meeting.
The proceedings of the Board shall not be invalidated because of a vacancy among the members or a defect in the appointment or qualification of a member.
Subject to this section, the Board may determine the procedure for its meetings.
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Disclosure of interest
Plain Language Summary
This provision requires board members to disclose any personal interests related to matters the board is considering. A board member with a conflict of interest cannot participate in discussions about that matter. Failure to disclose a conflict of interest will result in the board member's removal.
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(1) A member of the Board who has an interest in a matter for consideration by the Board shall disclose in writing the nature of that interest and is disqualified from participating in the deliberations of the Board in respect of that matter.
- A member who contravenes subsection (1) ceases to be a member.
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Establishment of committees
Plain Language Summary
This provision allows the Board to form committees to carry out specific tasks. These committees can be composed of Board members, outside experts, or a mix of both. Board members on committees serve as long as they are on the Board, while non-members can serve up to two four-year terms.
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(1) The Board may appoint committees consisting of members of the Board or nonmembers or both to perform a function.
The membership of a committee appointed under this section and the tenure of office of its members shall be coterminous with the duration of their membership of the Board.
Non-members shall hold office for a period not exceeding four years and may be eligible for re-appointment but shall not be appointed for more than two successive terms.
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Allowances
Plain Language Summary
This provision states that members of the Board and its committees will receive allowances. The amount and details of these allowances must be approved by the Minister, in consultation with the Minister responsible for Finance. This process ensures that the compensation is reviewed by both the relevant minister and the finance ministry.
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- Members of the Board and members of a committee of the Board shall be paid allowances approved by the Minister in consultation with the Minister responsible for Finance.
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Policy Directives
Related Key Concerns
Plain Language Summary
This provision allows the Minister to issue policy guidelines for managing and regulating the .gh domain name space. These directives will provide instructions on how the .gh domain, which represents Ghana on the internet, should be maintained and operated. This ensures there are clear rules and procedures for the .gh domain.
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- The Minister may, from time to time, publish policy directives relating to the regulation and maintenance of the .gh domain name space.
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The Executive Director
Plain Language Summary
This provision states that the President will appoint an Executive Director for the Registry, following the rules in the Constitution. The Executive Director's job specifics, like salary and responsibilities, will be outlined in their appointment letter.
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(1) The President shall, in accordance with article 195 of the Constitution, appoint an Executive Director for the Registry.
- The Executive Director shall hold office on the terms and conditions specified in the letter of appointment.
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Functions of the Executive Director
Plain Language Summary
The Executive Director is in charge of the Registry's daily operations and reports to the Board. They can also delegate tasks to Registry officers, but remain responsible for those delegated tasks. The Executive Director also performs other functions as determined by the Board.
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(1) The Executive Director is responsible for the day-to-day administration of the affairs of the Registry and is answerable to the Board in the performance of functions under this Act.
The Executive Director shall perform any other functions determined by the Board.
The Executive Director may delegate a function to an officer of the Registry but shall not be relieved from the ultimate responsibility for the performance of the delegated function.
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Duties and liability of the Board
Plain Language Summary
This provision states that Board members must follow the same duties as company directors, as outlined in the Companies Act. Board members are protected from personal liability for damages to others if they acted in good faith while performing their official duties. This protection encourages board members to make decisions without fear of personal financial repercussions, as long as they are acting responsibly.
Show Original Legal Text
(1) The duties of directors contained in Part Q of Chapter two of the Companies Act, 2019 (Act 992) shall apply to members of the Board.
- A member of the Board is not personally liable for damage or injury to a third party that arises in the execution of an official duty of that member, if the member at all material times acted in good faith.
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Appointment of other staff
Plain Language Summary
This provision describes how the Registry will be staffed. The Board, working with the Public Services Commissions, will appoint the necessary personnel. The Registry can also utilize existing public officers through transfers, secondments, or other forms of assistance.
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(1) The Board shall in consultation with the Public Services Commissions appoint other staff of the Registry that are necessary for the proper and effective performance of its functions.
- Other public officers may be transferred or seconded to the Registry or may otherwise give assistance to it.
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Operation as a registrar
Plain Language Summary
This provision requires registrars to be licensed by the Registry. Operating as a registrar without a license can result in fines. If convicted of operating without a license, the person must immediately cease operations as a registrar.
Show Original Legal Text
(1) A person shall not act as a registrar unless licensed to do so by the Registry.
- A person who contravenes subsection (1) commits an offence and is liable upon summary conviction: - (a) in the case of a body corporate or other body of persons, to a fine of not less than two thousand penalty units and not more than seven thousand penalty units; - (b) in the case of a director of a body corporate or other body of persons, to a fine of not less than one thousand penalty units and not more than five thousand penalty units; and - (c) in the case of an individual, to a fine of not less than one thousand penalty units and not more than three thousand penalty units. - A person who is convicted of an offence under subsection (2) shall immediately cease operation as a registrar.
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Application for a registrar licence
Related Key Concerns
Plain Language Summary
To become a licensed registrar, applicants must apply in the manner and pay the fees required. The Registry has 60 days to approve or deny the application, and may add terms if approved. Applications can be denied if incomplete, contain false information, don't meet requirements, or the applicant is deemed incapable. Rejected applicants can reapply if they fix the issues, and licenses must be renewed as directed by the Registry.
Show Original Legal Text
(1) An application to be licensed as a registrar shall be made in the prescribed manner and subject to the prescribed fees.
The Registry may, within sixty days following the receipt of a complete application, grant or refuse the application.
The Registry may, where it grants the licence, impose terms and conditions where the Registry deems it appropriate.
The Registry may refuse an application where:
- (a) the application is incomplete; - (b) the application contains false or misleading information; - (c) the application does not meet the technical requirements prescribed by the Registry; or - (d) the Registry is convinced upon reasonable grounds that the applicant is incapable of performing the functions of a registrar.An applicant whose application is refused may resubmit the application if the deficiencies which formed the basis of the refusal of the initial application have been rectified.
A licence granted under this Act shall be renewed as prescribed by the Registry.
(1) There shall be only one central registry of all .gh domain names registered in the Republic.
The Registry shall have the sole responsibility to keep and maintain the central registry.
No person shall maintain or update a repository, or administer a country domain name other than the Registry.
A person who contravenes subsection (3) commits an offence and is liable upon summary conviction:
- (a) in the case of a body corporate or other body of persons, to a fine of not less than five thousand penalty units and not more than ten thousand penalty units; - (b) in the case of a director of a body corporate or other body of persons, to a fine of not less than one thousand penalty units and not more than three thousand penalty units; and - (c) in the case of an individual, to a fine of not less than one thousand penalty units and not more than five thousand penalty units.The Registry shall keep and maintain a register of registrars in which shall be recorded of the registrar:
- (a) the name; - (b) the registration number; - (c) the country of incorporation; - (d) the address; and - (e) any other information that the Registry shall prescribe.- The Registry shall publish details in the register of registrars on the Registry's website and any other media which the Registry deems fit.
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Suspension and revocation of licences
Related Key Concerns
Plain Language Summary
This section allows the Registry to revoke or suspend a license if the registrar engages in misconduct, is liable for abuse, doesn't meet requirements, or violates orders. The Registry can also take other disciplinary actions against the registrar. This ensures that registrars adhere to standards and regulations.
Show Original Legal Text
(1) The Registry may revoke or suspend a licence issued under this section where the registrar:
- (a) engages in misconduct which harms consumers or the public interest; - (b) is held liable for abuse; - (c) fails to meet the ongoing requirements prescribed by the Minister; or - (d) contravenes any orders, guidelines or directives issued by the Registry or the Minister. - Subsection (1) does not limit the power of the Registry to take any other remedial or penal action against a registrar.
Security Operations Centre
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Domain Name System (DNS) Security Operations Centre
Related Key Concerns
Plain Language Summary
This provision requires the creation of a DNS Security Operations Centre to monitor and protect .gh domains from cyber threats. The center will detect threats, coordinate responses, and provide regular reports on domain name system security. All government and security agencies' domain names must be integrated into this security monitoring system.
Show Original Legal Text
(1) The Registry shall establish and maintain a mandatory DNS Security Operations Centre which shall monitor .gh domain resolutions, traffic, and logs using automated, manual, or hybrid methods as appropriate, to detect threats and attacks.
The DNS Security Operations Centre shall be responsible for initiating and coordinating appropriate response actions, including but not limited to containment, notification of affected parties, mitigation of threats, and post-incident analysis.
All metropolitan, municipal and district assemblies', government ministries', agencies' and departments', and security agencies' domain names shall be integrated into the DNS Security Operations Centre.
The DNS Security Operations Centre shall publish quarterly and yearly reports on the threats detected in the domain name system.
Mandatory use of .gh domain
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Mandatory registration
Related Key Concerns
Plain Language Summary
This provision requires all legally registered entities in the Republic to use a ".gh" domain name for their official online presence and digital communications. This includes registering and maintaining a ".gh" domain for any public-facing website or platform. Entities not currently using a ".gh" domain must switch within six months.
Show Original Legal Text
(1) All entities legally registered or operating in the Republic shall be required to:
- (a) register and maintain an active .gh domain name for any official website or digital platform intended for public access; and - (b) use the .gh domain name for all official digital correspondence and transactions conducted within or from the Republic.- Entities currently not using .gh domains shall transition to a .gh domain within six months of the coming into force of this Act to comply with subsection (1).
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Exemptions
Related Key Concerns
Plain Language Summary
This provision allows the Registry, with the Minister's approval, to exempt certain entities from regulations. To qualify, the entity's digital operations must be based outside Ghana, not target Ghanaian users, and be subject to digital laws in another country. This exemption is intended for multinational organizations with a limited presence or focus within Ghana.
Show Original Legal Text
(1) Notwithstanding section 20(1), the Registry in consultation with the Minister may grant an exemption to an entity if:
- (a) its digital presence is hosted exclusively outside the Republic and does not target Ghanaian users; and - (b) it operates as a multinational organisation subject to foreign digital jurisdiction. - Any exemption granted under subsection (1) shall be:
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Penalties for Non-Compliance
Related Key Concerns
Plain Language Summary
This section establishes consequences for failing to meet the requirements outlined in this Act. Non-compliant entities may face fines ranging from one thousand to ten thousand penalty units per year. Additionally, they could have their business licenses suspended or revoked, and be barred from participating in public contracts for up to two years. Corporate directors or officers who knowingly allow violations may be personally fined up to five thousand penalty units.
Show Original Legal Text
(1) Any entity that fails to comply with this section shall be liable to:
- (a) an administrative penalty of not less than one thousand penalty units and not more ten thousand penalty units per year of non-compliance; - (b) suspension or revocation of business and regulatory licences for repeated non-compliance in accordance with regulatory procedure of the relevant sector; and - (c) disqualification from participating in public procurement or tendering processes for a period of up to two years. - A director or officer of a corporate body who knowingly permits the body to contravene this Act shall be personally liable to an administrative penalty of not more than five thousand penalty units.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Monitoring and Inspection
Related Key Concerns
Plain Language Summary
This provision establishes a Domain Compliance Unit (DCU) to oversee domain name usage. The DCU will monitor domain names and issue notices for any violations of the law. The unit will be staffed by Registry officers and appointees of the Minister.
Show Original Legal Text
(1) The Ministry, in collaboration with the Registry shall establish a Domain Compliance Unit (DCU) to:
- (a) audit and monitor domain name usage by entities; and - (b) serve compliance notices for violations of this Act. - The Domain Compliance unit shall be made up of officers of the Registry and persons appointed by the Minister.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Entities in breach
Related Key Concerns
Plain Language Summary
The Registry will publish a list of entities that have violated the Act, received exemptions, or been subject to enforcement actions. This list will be available on the Registry's website. The names of offending entities may also be published in newspapers and other publications to promote compliance transparency, while respecting human rights.
Show Original Legal Text
(1) The Registry shall maintain and publish on its website a list of:
- (a) entities in breach of this Act; - (b) entities granted exemptions or temporary waivers; and - (c) enforcement actions undertaken and their outcomes. - The names of offending entities may be published in national newspapers, government gazettes, and regulatory bulletins as part of a compliance transparency initiative taking into consideration fundamental human rights of affected persons.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Court orders and judicial support
Related Key Concerns
Plain Language Summary
This provision allows the Registry to ask the High Court of Ghana to take action against domain names that violate the law. Specifically, the Registry can request the court to seize or block these domain names. The Registry can also obtain warrants to inspect digital systems on premises if they suspect illegal activity is taking place.
Show Original Legal Text
The Registry shall have the power to apply to the High Court of Ghana for an order to:
- (a) seize, block, or deactivate any domain name registered in contravention of this Act; - (d) authorise entry into premises to inspect digital systems under warrant, where reasonable suspicion of concealment or fraud exists.
Financial Provisions
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Funds of the Registry
Plain Language Summary
The Registry's funding comes from several sources. These include money from Parliament, a portion of the Digital Economy and Innovation Development Fund, donations and grants, fees collected for its services, and any other funds approved by the Minister responsible for Finance. This funding is used to support the operations and activities of the Registry.
Show Original Legal Text
The funds of the Registry include:
- (a) moneys provided by Parliament; - (b) 2% of the Digital Economy and Innovation Development Fund; - (c) donations, grants and gifts; - (d) fees accruing to the Registry under this Act; and - (e) any other moneys that are approved by the Minister responsible for Finance.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Expenses of the Registry
Plain Language Summary
This provision specifies that the Registry is responsible for covering its own operational costs. The Registry will use its own funds to pay for these expenses. This ensures the Registry is financially independent and accountable for its spending.
Show Original Legal Text
- The expenses of the Registry shall be paid from moneys provided from the funds of the Registry.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Borrowing powers of the Registry
Plain Language Summary
This provision allows the Registry to borrow money from banks or financial institutions, provided the government guarantees the loan. This borrowing is subject to existing financial regulations and requires approval from the Minister of Finance. This enables the Registry to access funds for its operations or projects.
Show Original Legal Text
- Subject to article 181 of the Constitution, section 76 of the Public Financial Management Act, 2016 (Act 921) and any other relevant enactment, the registry may obtain loans and any other credit facility on the guarantee of the Government from a bank or any other financial institution approved by the Minister responsible for Finance.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Tax exemption
Plain Language Summary
This provision exempts the Registry from paying any taxes. This means the Registry will not be required to pay taxes, which could free up funds for its operations.
Show Original Legal Text
- The Registry is exempted from the payment of any taxes.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Accounts and audit
Plain Language Summary
This section requires the Board to maintain financial records that are approved by the Auditor-General. The Board must submit these records to the Auditor-General for auditing within three months of the end of the financial year, which is the same as the government's. The Auditor-General will then audit the accounts and provide a report to the Minister.
Show Original Legal Text
(1) The Board shall keep books of account and proper records in relation to them in the form approved by the Auditor-General.
The Board shall submit the accounts of the Registry to the Auditor-General for audit within three months after the end of the financial year.
The Auditor-General shall, not later than three months after the receipt of the accounts, audit the accounts and forward a copy of the audit report to the Minister.
The financial year of the Registry is the same as the financial year of the Government.
(1) The Registry shall have an Internal Audit Unit in accordance with section 83 of the Public Financial Management Act, 2016 (Act 921).
The Internal Audit Unit shall be headed by an Internal Auditor who shall be appointed in accordance with the Internal Audit Agency Act, 2003 (Act 658).
The Internal Auditor is responsible for the internal audit of the Registry.
The Internal Auditor shall, subject to subsections (3) and (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), at intervals of three months:
- (a) prepare and submit to the Board, a report on the internal audit carried out during the period of three months immediately preceding the preparation of the report; and - (b) recommendations in each report, with respect to matters which appear to the Internal Auditor as necessary for the conduct of the affairs of the Registry.The Internal Auditor shall, in accordance with subsection (4) of section 16 of the Internal Audit Agency Act, 2003 (Act 658), submit a copy of each report prepared under this section to the Executive Director and the chairperson of the Board.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Annual report and other reports
Plain Language Summary
This provision requires the Registry Board to produce an annual report on its activities and operations, including an audit report. This report is submitted to the Minister, who then presents it to Parliament. The Board must also provide other reports if requested by the Minister, and the annual report will be available on the Registry's website.
Show Original Legal Text
(1) The Board shall within one month after the receipt of the audit report, submit an annual report to the Minister covering the activities and the operations of the Registry for the year to which the report relates.
The annual report shall include the report of the Auditor-General.
The Minister shall, within one month after the receipt of the annual report, submit the report to Parliament with a statement that the Minister considers necessary.
The Board shall also submit to the Minister any other reports which the Minister may require in writing.
The annual report shall be published on the Registry's website and made available to all stakeholders.
Domain Name Registry Fund
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Establishment of the Domain Name Registry Fund
Plain Language Summary
This provision creates a special fund called the Domain Name Registry Fund. This fund will hold money specifically for activities related to domain name registration. The establishment of this fund likely aims to ensure that there are dedicated financial resources available for managing and supporting the domain name system.
Show Original Legal Text
- There shall be established a fund to be known as the Domain Name Registry Fund.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Object of the Fund
Plain Language Summary
This provision grants the Minister the authority to determine additional objectives for which the Fund can be used. This allows the Minister flexibility to direct the Fund towards goals not explicitly listed elsewhere. The Fund's resources can therefore be allocated based on the Minister's discretion.
Show Original Legal Text
The Fund shall be applied to achieve the following objectives:
- (d) any other objective as the Minister may prescribe.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Sources of moneys for the Fund
Plain Language Summary
The fund receives money from several sources. These include a portion of the fees collected by the Registry, government funding allocated by Parliament, and earnings from the fund's investments. Additionally, the fund can accept donations, grants, gifts, and any other funds it legally obtains. These various income streams ensure the fund has sufficient resources to operate.
Show Original Legal Text
The sources of money for the Fund are:
- (a) 5% of the fees charged by the Registry under this Act; - (b) moneys provided by Parliament to the Fund; - (c) moneys that accrue to the Fund from investments made by the Board; - (d) donations, grants and gifts; and - (e) any other moneys that may lawfully accrue to the Fund.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Bank account for the Fund
Plain Language Summary
The Fund's money will be deposited into bank accounts managed by the Board. Donations will be paid directly into these accounts once the Board verifies them. This process ensures that all financial transactions are properly recorded and managed.
Show Original Legal Text
(1) Moneys of the Fund shall be paid into bank accounts opened by the Board for the Fund.
- Donors shall pay their donations directly into the account of the Fund upon verification by the Board.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Management of the Fund
Plain Language Summary
The Registry Board is responsible for managing the Fund. Sections 31 and 33 of this act provide further guidance on how the fund should be managed. These sections likely contain specific rules or procedures related to the Fund's operation.
Show Original Legal Text
(1) The Fund shall be managed by the Board of the Registry.
- Sections 31 and 33 of this Act shall apply to the Fund.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Prioritisation of the Fund
Plain Language Summary
This provision establishes a priority order for how the fund's money will be allocated. The fund will first support projects that help small and medium businesses improve their digital capabilities. After that, projects that improve the domain name system will be prioritized. Finally, the Minister can designate other projects as priorities for funding.
Show Original Legal Text
(1) Projects for which moneys from the Fund are disbursed shall satisfy the criteria laid out in the order of priority.
The order of priority for support by the Fund is as follows:
- (a) projects aimed at improving digital inclusion for small and medium enterprises; - (b) projects aimed at improving the capacity of the domain name system ; and - (c) other projects that the Minister may designate as priority projects.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Disbursement of the Fund
Plain Language Summary
This provision states that the Board will decide how the fund is distributed, working with the Minister to set up the process. The Board will then be responsible for disbursing the funds based on these established procedures. This ensures a structured and agreed-upon approach to distributing the fund.
Show Original Legal Text
- In consultation with the Minister, the Board shall determine procedures for disbursement of the Fund and disburse the Fund accordingly.
Dispute Resolution
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Resolution of Disputes
Plain Language Summary
This section requires the Minister to set up a way to resolve disagreements, including those between the Registry and people who register. Before taking legal action in court, parties must use this dispute resolution process. The Minister can create regulations for how disputes are resolved, and these rules should follow the Uniform Domain Name Dispute Resolution Policy.
Show Original Legal Text
(1) The Minister shall establish a dispute resolution process to resolve:
- (d) disputes between the Registry and any registrant.No party to a dispute described under subsection (1) shall institute an action in court unless the dispute resolution procedure established under this Act has been exhausted.
The Minister may by legislative instrument make regulations on the manner and procedure for the resolution of disputes.
- The procedure shall be in line with the Uniform Domain Name Dispute Resolution Policy and its Rules.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Dispute Resolution Committee
Plain Language Summary
This provision establishes a Dispute Resolution Committee consisting of five experts in dispute resolution, intellectual property, and internet law. A panel of three members will review disputes brought before it, allowing parties to present evidence and arguments, potentially with legal representation. The Committee must communicate its decision within thirty days, and appeals can be made to the High Court. This committee offers a structured process for resolving disagreements related to the Board's activities.
Show Original Legal Text
(1) The Board shall establish a Dispute Resolution Committee which shall consist of five members with relevant experience in alternative dispute resolution, intellectual property, and internet law, policy and governance.
A three-member panel of the Committee shall expeditiously hear, inquire into and investigate any matter which is brought before it.
The Committee shall determine the periods that are reasonably necessary for the fair and adequate presentation of the matter by the respective parties and the Registry may require those matters to be presented within the periods.
The Committee may require evidence or arguments to be presented in writing and may decide the matters upon which it will hear oral evidence or written arguments.
Each party to a matter is entitled to appear at the hearing and may be represented by a lawyer or any other person.
The Committee shall communicate its decision to the parties within thirty days of receipt of the dispute provided that there are no exceptional circumstances affecting the dispute.
Appeals from a decision by the Dispute Resolution Committee may be submitted to the High Court.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Powers of the Dispute Resolution Committee
Plain Language Summary
The Dispute Resolution Committee has the authority to call witnesses, examine evidence, and demand documents to resolve disputes. It can also penalize individuals for contempt of court and dismiss unimportant cases. In certain situations, the committee can order one party to cover the legal costs of the other. Overall, the committee has broad powers to manage and resolve disputes effectively.
Show Original Legal Text
The Dispute Resolution Committee may:
- (a) issue summons to compel the attendance of witnesses under the hand of the Executive Director of the Registry; - (b) examine witnesses on oath, affirmation or otherwise; - (c) compel the production of documents; - (d) cite a person for trial at the High Court for contempt; - (g) dismiss or refrain from hearing or determining a matter, in whole or in part, if it appears that the matter, or part of the matter, is trivial or vexatious or that further proceedings are not necessary or desirable in the public interest; - (h) in appropriate circumstances, order any party to pay the reasonable costs and expenses of another party, including the expenses of witnesses and fees of lawyers, in bringing the matter before the Committee; and - (i) generally, give directions and do what is necessary or expedient for the hearing and determination of the matter.
Miscellaneous Provisions
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
General Penalty
Related Key Concerns
Plain Language Summary
This provision creates a standard fine for violations of the Act that don't have a specific penalty already defined. If someone breaks a rule without a set penalty, they will be fined between two thousand and ten thousand penalty units if convicted. This ensures that all violations of the Act have some form of consequence.
Show Original Legal Text
- A person who contravenes or fails to comply with any provision of this Act commits an offence and, where no penalty is expressly provided, shall upon summary conviction be liable to a fine not less than two thousand penalty units and not more than ten thousand penalty units.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Regulations
Plain Language Summary
This section allows the Minister to create regulations for implementing the Act, in consultation with the Registry. These regulations will address registrar licensing, registration processes, fees, domain name restoration, and registration agreements. They will also cover fair practices, compliance, contact information, dispute resolution, appeals, and other necessary aspects of the .gh domain name space.
Show Original Legal Text
The Minister, in consultation with the Registry, may by legislative instrument make Regulations to give effect to the provisions of this Act and shall in particular, make Regulations in relation to:
- (a) the requirements which registrars must meet in order to be licensed, including objective standards relating to operational accuracy, stability, robustness, security, privacy and efficiency; - (b) the circumstances and manner in which registrations may be assigned, registered, renewed, refused, transferred or revoked; - (c) fees; - (d) provisions for the restoration of a domain name registration; - (e) the terms of the domain name registration agreement which registrars must adopt and use in registering domain names, including issues in respect of privacy, fundamental human rights, consumer protection and dispute resolution; - (f) processes and procedures to avoid unfair and anti-competitive practices, including bias to, or preferential treatment of actual or prospective registrants, registrars, protocols or products; - (g) ongoing compliance requirements for registrars including sustainability requirements and abuse reporting; - (h) requirements to ensure that each domain name contains an administrative and technical contact; - (i) the dispute resolution process or procedure; - (j) conditions upon which appeals may be submitted to the High Court; - (l) such other matters relating to the .gh domain name space as it may be necessary to prescribe to achieve the objectives of this Act.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Interpretation
Plain Language Summary
This section defines the meaning of specific terms used in the Act, such as "abuse," "domain name," "registrant," and "Registry." These definitions clarify the scope and application of the law. Understanding these terms is crucial for interpreting the rights, responsibilities, and regulations outlined in the Act. The definitions cover technical aspects like domain name systems and security extensions, as well as administrative aspects like the roles of the Minister and the Board.
Show Original Legal Text
- In this Act unless the context otherwise requires,
' abuse ' includes spamming, spoofing, phishing, cache poisoning, hijacking, DOS attack, and DNS tunneling as may be determined by the Registry;
' Board ' means the governing body of the Registry;
' ccTLD ' means country code domain at the top level of the Internet's domain name system assigned according to the two-letter codes in the International Standard ISO 3166-1 (Codes for Representation of Names of Countries and their Subdivision);
' domain name ' means an alphanumeric designation that is registered or assigned in respect of an electronic address or other resource on the Internet;
' domain name system ' means a system to translate domain names into IP addresses or other information;
' Domain Name System Security Extension' means an extension to the domain name system which uses cryptography to authenticate data retrieved from the domain name system;
' .gh domain name space' means the .gh ccTLD assigned to the Republic according to the two-letter codes in the International Standard ISO 3166;
' Government ' means any authority by which the executive authority of the Republic is duly exercised;
' malicious domain name ' means a domain name which is registered under false pretences to cause consumer harm; is being used to cause consumer harm or is being used to conduct illegal activity;
' Minister ' means the Minister responsible for Communications;
' Ministry ' means the Ministry responsible for Communications;
' registrant ' means a person who has registered a domain name in accordance with this Act;
' registrar ' means an entity licensed by the Registry to register domain names;
' Registry ' means the Ghana Domain Name Registry established under this Act;
' repository ' means the primary register of the information maintained by the Registry;
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
Repeals and Savings
Plain Language Summary
This provision repeals specific sections of the Electronic Transactions Act of 2008. Licenses issued under the old sections remain valid until expiration or renewal. Existing regulations and guidelines associated with the repealed sections will continue to be in effect.
Show Original Legal Text
(1) Sections 63 to 81 of the Electronic Transactions Act, 2008 (Act 772) are hereby repealed.
- Notwithstanding the repeal: - (a) any licence granted under the repealed sections and valid on the date of the coming into force of this Act shall continue to be in force until it expires or is renewed under this Act; and - (b) any regulations, guidelines or directives made under the repealed sections are saved.
Note: This text is extracted from the PDF and may contain formatting errors or inaccuracies. For full accuracy, please refer to the official PDF document.
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