SECTOR 1

1.6 Confidential sources of information are protected
by law and/or the courts.
Article 27 of the Constitution protects the right to privacy, with part 27(2) noting
that, “No person shall be subjected to interference with the privacy of that
person’s home, correspondence, communication or other property.”
Article 38 of the Press and Journalist Act which deals with the protection of
sources of information states that: “A journalist shall not be compelled to disclose
the source of his or her information except with the consent of the person who
gave him or her the information or on an order of a court of law.”
While the above pieces of legislation are in place to protect confidential sources of
information, a journalist on the panel stated that in two cases where he/she had
been the subject of criminal defamation, he/she had been asked to disclose their
sources of information, “I refused to reveal my sources, based on professional
ethics.”
“There has not been a (court) case where the authorities have gotten information
sources legally. They try to get it illegally, but then don’t come to court because
they know that this would be illegal, and that sources are protected by the law.”
“So the court hasn’t forced disclosure, but the police have tried.”
“The state security operatives try to compel you against your will to reveal
sources. For example, there was a time when the Daily Monitor was closed and
the journalist targeted was asked to reveal their relations with their informants in
the state authorities, to provide communications, etc.”
Panellists noted that authorities might also tap phones, use spyware to invade
people’s privacy, or even resort to unlawful acts such as breaking into journalists’
homes or cars to get the information they seek. “They are perfectly capable of
overcoming any hurdles to get the information that they want.”
“Journalists sometimes reveal their sources out of fear, and because they don’t
know that they are protected by the law. They disregard their ethical duty because
they don’t know.”

AFRICAN MEDIA BAROMETER UGANDA 2016

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