1.3
There are no laws restricting freedom of
expression such as excessive official secret or libel
acts, or laws that unreasonably interfere with the
responsibilities of media.
Analysis:

There are a number of laws that curtail freedom of expression and the media. In its
annual report for 2000-2001, the Uganda Human Rights Commission (UHRC)
listed 20 pieces of legislation that are unconstitutional. Among them are the Police
Statute 1994, The Penal Code, The Press and Journalist Act 2000, and The Emergency
Powers Act 1968 – see under 1.1.
The Penal Code, particularly, makes for sober reading. Section 42 allows the courts
to confiscate a printing machine for one year and to ban a publication for the same
period for publishing seditious material. Section 53 makes it a “misdemeanour”
to “degrade, revile or expose to hatred or contempt any foreign prince, potentate,
ambassador or other foreign dignity (sic) with intent to disturb peace and
friendship between Uganda and the country to which such prince, potentate,
ambassador or dignity (sic) belongs”.
Section 180 criminalises defamation, which is defined as any matter likely to
injure the reputation of any person by exposing him/her to hatred, contempt and
ridicule.
The Police Statute 1994 empowers the Inspector General of Police to restrict people
from exercising their right of freedom of expression and assembly as a group.
Nothing has changed since the 2000-2001 UHRC report. In its report for 2008,
the UHRC called for the repeal of the laws on sedition, sectarianism, criminal
libel, criminal trespass, some sections of the Penal Code Act (Cap 120), some
sections of the Press and Journalist Act, the Official Secrets Act, and sections of
the Anti-Terrorism Act. The report said that although many of these laws and
sections were not invoked in 2008, they continue to be “an ever-present threat”.
Said the report: “Some of these laws are archaic, having been inherited from the
colonial administration. They have no place in a democracy as they prevent not
only the media, but the citizens as well, from addressing controversial issues.”
Two proposed laws, already mentioned in 1.1 above, are a source of concern.
Amendments to The Press and Journalist Act 2000 seek to create new offenses and
penalties against media houses. The Regulation of Interception of Communications Bill
2007 will not only likely make it impossible for journalists to protect confidential
sources, it is already making government officials sound very guarded when talking
with journalists on the telephone.

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AFRICAN MEDIA BAROMETER UGANDA 2010

Select target paragraph3