SECTOR 1

1.7 Confidential sources of information are protected
by law and/or the courts.
Article 38 of the Press and Journalist Act states that “a journalist shall not be
compelled to disclose the source of his or her information except with the consent
of the person who gave him or her the information or on an order of a court of
law”. Therefore, the law does provide some protection.
However, Article 39 of the Act makes provision for “seizure orders”. This section
of the law says that:
“(1) Whenever criminal proceedings have been instituted for an offence
against the freedom of the press, the court may, on application to it
for confiscation, order that the material involved in the offence be
seized or issue a ban on the publication.
(2) A seizure order shall be effected by the police and shall relate only to
those copies which were intended for dissemination.
(3) Any person aggrieved by the decision or order of the court may appeal
to a higher court against the decision within thirty days from the date
on which the seizure order was issued.”
Panellists pointed out that many people are in jobs that do not allow them to
disclose information to the media, not even when disclosure is in the public
interest. The authorities often want to know who leaked information to the
media, even when the story based on this information is accurate.
“The law gives and takes. The Access to Information Act says that any person can
access any information. The Witness Protection Act protects witnesses (in criminal
trials) from disclosure. The Press and Journalist Act gives the courts the discretion
to order information to be produced. At the end of the day, it depends on the
type of information you are talking about and what you are trying to protect.”
As far as the panel was aware, there have been no cases during the past two
years of journalists being forced to reveal their sources. Some panellists felt the
courts remain liberal and are unlikely to force journalists to reveal their sources.
Having said this, under the Electronic Transactions Act, the Computer Misuse Act
and the Electronic Signatures Act, the authorities can access information stored
electronically that may lead to a journalist’s source being revealed.

AFRICAN MEDIA BAROMETER UGANDA 2012

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