Freedom of expression, including freedom of the media, are 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. Analysis: Freedom of expression and the media is guaranteed in the 1995 Constitution of Uganda. Article 29 (1) (a) states: • Every person shall have the right to freedom of speech and expression, which shall include freedom of the press and other media. Article 41 (1) gives every citizen the right of access to information in the possession of the state: • Every citizen has a right of access to information in the possession of the State or any other organ or agency of the State except where the release of the information is likely to prejudice the security or sovereignty of the State or interfere with the right to the privacy of any other person. Article 43 (1) stipulates a general limitation on the fundamental and human rights guaranteed by the constitution: In the enjoyment of the rights and freedoms prescribed in this Chapter [on fundamental rights] no person shall prejudice the fundamental or other human rights and freedoms of others or the public interest. Article 43 (2) (c) sets the test for the legitimacy of any limitation on rights and freedoms that might prejudice the public interest by saying that this shall not permit • any limitation of the enjoyment of the rights and freedoms prescribed by this Chapter beyond what is acceptable and demonstrably justifiable in a free and democratic society, or what is provided in this Constitution. In principle, these constitutional provisions do guarantee freedom of expression (“they are as good as they can get”), but subsidiary legislation waters them down and does not support these standards – to the contrary: “The one hand (Constitution) gives, the other (laws) takes away” . Section 40 of the Penal Code states that “any person who … prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication … commits an 12 AFRICAN MEDIA BAROMETER UGANDA 2010