SECTOR 1

offence and is liable on first conviction to imprisonment for a term not exceeding
five years …” Section 39 defines “seditious intention” as, among others, “to
bring into hatred or contempt or to excite disaffection against the person of the
President, the Government as by law established or the Constitution”.
The Anti-Terrorism Act 2002, under Section 9 (1), makes it a criminal offence,
among others, to publish and disseminate news or materials “that promote
terrorism” without precisely defining “terrorism”. A person convicted of this
offence is “to suffer death” without the option of imprisonment. Also, Section
3 (1) c of the Third Schedule of the Act violates journalistic ethics by clearly
excluding “journalistic material which a person holds in confidence and which
consists of documents or of records other than documents” from the list of items
that are subject to legal privilege during terrorist investigations.
The Press and Journalist Act (Cap 105) 2000 (formerly Statute 1995) compels
journalists to register with a statutory Media Council to get a “Practising
Certificate” which has to be renewed every year. Section 28 (3) states that “no
person shall practise journalism unless he is in possession of a valid practising
certificate”. The certificate may be suspended for up to six months if a journalist
is ‘guilty’ of “professional misconduct”. The Council is appointed by the minister
responsible for information. Most journalists in Uganda, however, do not comply
with this law and simply refuse to be registered.
In a judgement in 2004, the Supreme Court annulled a provision in the Penal
Code concerning the publication of “false news” as unconstitutional and suggested
that other laws that infringe the freedom of the media could also be challenged.
Despite this ruling, and since the 2007 African Media Barometer review,
the government has become even tougher. It has proposed some draconian
amendments to The Press and Journalist Act 2000. According to an advance copy1
The Press and Journalist (Amendment) Bill 2010 empowers the Media Council to
license newspapers annually and to revoke the licence in case of breach of licensing
conditions (more details under 1.5). The bill would give an inordinate amount
of powers to the Media Council to determine, for example, what amounts to
“material that is prejudicial to national security, stability and unity”. The entire
licensing provision will likely be used to beat “offending” publications into line.

1

The government has also tabled before Parliament The Regulation of Interception
of Communications Bill 2007 ” to reinforce the provisions of Part VII (Interception
of Communications and Surveillance) of the Anti-Terrorism Act”. Under the bill,
an “interception warrant” may be issued by the minister responsible for security
upon receipt of an oral application from selected government institutions if there
are “reasonable grounds” for the minister to believe that:

This copy was in the possession of the panel. In early March 2010 the draft was presented to Cabinet, a
step before going to Parliament

AFRICAN MEDIA BAROMETER UGANDA 2010

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Select target paragraph3