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control over journalists, editors and publishers”, and, “to censor
films, videotapes, plays and other related apparatuses for public
consumption.” It also requires that in order to practice journalism, one
has to be in possession of a valid practicing certificate (valid for a year
at a time and renewable upon payment of a prescribed fee), as well as
for journalists to be accredited in order to practice. In 2014, two new
regu-lations were added to the Act, and both have been criticised for
their restriction on the media. Regulation no. 4 prescribes payments to
be made for journalists to be able to practice, while Regulation no. 5
allows reporters to be fined for asking ‘persistent questions’.
The Regulation of Interception of Communications Act of 2010,
“provides for the lawful interception and monitoring of certain
communications in the course of their transmission through a
telecommunication, postal or any other related service or system
in Uganda”, thereby threatening the practice of journalism by
compromising the confidentiality of sources. Another Act that does
this by allowing the seizure of information includes the Computer
Misuse Act.
The Uganda Communications Amendment Bill of 2016 is still being
debated, but this amendment seeks to give the ICT Minister several
controls over communications “without consultation”. Given recent
experiences in which the due process was not followed – e.g. switching
off the internet during the 2016 elections, this could pave the way for
“misapplication with respect to when they can actually invoke that
law, which was not respected.”
While the recently enacted Non-Governmental Organisations (NGO)
Act of 2015 has been seen as “somewhat progressive”, it also
contains various clauses that could take away from the rights of NGOs,
including those that support media development and freedoms. The
Act prohibits “any act, which is prejudicial to the interests of Uganda
and the dignity of the people of Uganda.” and in this vein, has been
criticised for its potential to stifle free expression.
Section 180(1) of the Penal Code, which criminalises defamation, is being
contested in court.
In general, there is “a selective application of the law”, which may either help or
hurt journalists. In terms of entry into the journalistic profession, the Press and
Journalist Act requires that journalists have a degree (in any discipline). However,
“this has never been implemented. It only becomes an issue if you have a case
in court and your credentials are questioned.” Additionally, the requirement for
journalists to register with The National Institute of Journalists in Uganda, (NIJU)
is not implemented.

AFRICAN MEDIA BAROMETER UGANDA 2016

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