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 Ugandan Constitution specifically guarantees freedom of expression and
freedom of the media in the Bill of Rights, which under Article 29(1) states:
Every person shall have the right to:
a. freedom of speech and expression which shall include freedom of the
press and other media;
while Section 41(1) guarantees every citizen the right of access to information.
From a human rights perspective, there is no specific prohibition in the Constitution
or otherwise that detracts from freedom of expression, although Article 43(1)
makes it clear that in the enjoyment of the right to free expression (and other
fundamental rights), “no person shall prejudice the fundamental or other human
rights and freedoms of others or the public interest.”
Several other pieces of legislation support the right to freedom of expression and
me-dia freedom. These include both the Access to Information (ATI) Act of 2005
and the Press and Journalism Act of 1995, which, as panellists noted, “contain
both progressive and limiting clauses”. The ATI Act is seen as very progressive,
but the Official Secrets Act takes away from the space opened up by this Act; by
imposing restrictions on access to court records, cabinet records, statement of
income and liabilities (asset declaration).
“The Act looks good, but its implementation is varied.”
Uganda has also ratified a number of international treaties and instruments that
support Freedom of Expression.
On the whole, panellists agreed that, “The body of law exists and is sufficient. But
the issue is regards to implementation and the enjoyment of these laws.”
It is important to note that while freedom of expression is guaranteed by the
Constitution, there are a plethora of laws that limit this right. These are discussed
under Indicator 1.3.

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AFRICAN MEDIA BAROMETER UGANDA 2016

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