E-learning laws and principles quarantined by COVID-19 Emerging ‘un’sustainable practices of ‘new’ e-learning laws in higher education

Section 1(5) of the Education Act, 1998 (Act 778) of Ghana provides that “each level of education shall, where appropriate, include provision for distance learning programmes.” This provision only became fully activated through the force majeure of the global pandemic, COVID-19. Until the pandemic, most e-learning experts had to convince people on the credibility, rigour, and sustainability of integrating e-learning into teaching and learning. It was tough for ‘hard-core’ traditional institutions of higher learning in Africa to accept e-learning. One positive of the pandemic was the re (introduction) and awakening of e-learning into educational systems across the globe. e-learning was the main system of delivery of formal education during the period of quarantine and lockdowns under the principle of emergency learning (‘emc-learning’ as coined in this chapter). Unfortunately, almost three years down the line and in protecting Article 26 (Education as a Right) of the UDHR and Article 25 of the 1992 Constitution of Ghana, several breaches and unsustainable e-learning practices, principles, and ‘laws’ appear to be on the rise. In Ghana, Article 38(1) of the Constitution mandates the state to “provide educational facilities at all levels and in all the Regions of Ghana, and shall, to the greatest extent feasible, make those facilities available to all citizens.” This provision creates an enabling environment for all persons to exercise their rights to equal educational opportunities and facilities under Article 25(1). However, the post-COVID-19 pandemic has left a major problem where the effective, sustainable, and proper practice of e-learning laws and principles appear to be under quarantine. This is because the laws and principles of e-learning are no longer being followed and adhered to. The breaches are not limited to disregard for ethical considerations such as confidentiality, data protection, and security as will be shown in this chapter which maps the ‘sins’ against e-learning laws and principles and how they might be remedied.