SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the constitution and supported by other pieces of legislation.
The Constitutional guarantees remain the same as they were at the last AMB in
2010.
•
•
•
•

Article 29 (1) (a) guarantees the right to free expression, which includes
the freedom of the media.
Article 41 (1) gives every citizen the right of access to information in
the possession of the state.
Article 43 (1) states that these and other fundamental rights shall be
enjoyed as long as this does not prejudice the rights and freedoms of
others, or the public interest.
Article 43 (2) (c) goes on to say that any such limitations should only be
those acceptable and demonstrably justifiable in a free and democratic
society, or what is provided in the Constitution.

Some panellists felt that other constitutional provisions are also relevant to free
expression. For example, Article 1.1 in Chapter 1 states, “all power belongs to the
people who shall exercise their sovereignty in accordance with this Constitution”.
“The sanctity of this provision is, for me, very pronounced and should be
highlighted”, said a panellist.
Similarly, the Constitution’s Objective II.1 states “the State shall be based on
democratic principles which empower and encourage the active participation of
all citizens at all levels in their own governance”.
“There are so many provisions of the Constitution that support freedom of
expression.”
However, while the Constitution guarantees free expression and of the media,
there are a plethora of laws that limit or take away this right. Since the last AMB,
the Regulation of the Interception of Communications Act of 2010 has been
added to a long list of restrictive laws. And a number of other restrictive laws
have been drafted:

12

AFRICAN MEDIA BAROMETER UGANDA 2012

Select target paragraph3