Uganda as a basic right should not be undermined by limitations, the definition of a “democratic society” is not determined and the question of who is to decide what may be “acceptable” or “justifiable” remains unanswered. Existing legislation neither guarantees nor protects freedom of expression. A few examples: Section 40 of the Penal Code states that “any person who … prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication … commits an offence and is liable on first conviction to imprisonment for a term not exceeding five years …”. “Seditious intention” is defined in section 39 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. The Press and Journalists Statute of 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 judgment in 2004, the Supreme Court annulled a provision in the Penal Code concerning the publication of “false news” as un- African Media Barometer - Uganda 2007 3