Internet shutdowns, new laws threaten freedom of expression in Uganda
Back then journalists in Uganda would defend themselves against suits like sedition, publication of false news, and defamation laws. PHOTO | FILE
What you need to know:
- Back then journalists in Uganda would defend themselves against suits like sedition, publication of false news, and defamation laws. However, it is lately being observed that opponents of media freedom are now using other means to target journalists.
Journalism in Uganda is being undermined by new laws, which have affected the right to freedom of expression.
As Uganda joins the rest of the world to mark World Press Freedom Day, there is concern that the attack on freedom of expression is hindering human rights including press freedom.
Lawyers, civil society, and media actors say the State has stepped up internet policing, thereby forcing journalists and the general public to self-censorship for fear of repression.
Mr Peter Magelah Gwayaka, a lawyer and media advocate, says the right to freedom of expression is particularly being threatened by intolerance.
“I would say freedom of speech in Uganda has gradually been eroded. People don’t want to be criticized. There is too much intolerance, and this cuts across all sectors of life,” Mr Gwayaka noted on Tuesday.
Back then journalists in Uganda would defend themselves against suits like sedition, publication of false news, and defamation laws. However, it is lately being observed that opponents of media freedom are now using other means to target journalists.
Mr Gwayaka, said mainstream media (radio, television, and print media) in Uganda have seriously been affected by a new set of laws introduced in the last two decades.
“We have moved from the old systems where journalists would be charged under the penal code. The things we are seeing now are computer misuse and cyber harassment laws,” he said.
“I think it is coming two years since Facebook was blocked in Uganda. You can only access it through VPN. So the state of media freedom continues to narrow or freedom of expression has really narrowed and continues to narrow down,” he added.
Ms Sarah Birete, the Executive Director at the Center for Constitutional Governance (CCG) says almost all the rights including the freedom of expression under Article 29 of the Constitution, have been limited by the State and its agencies.
“Scholars have concluded that the only right out of article 29 that is freely enjoyed in Uganda is freedom of worship. The other rights are problematic. We have sixteen Acts of Parliament that contradict Article 29,” she said.
In February, Parliament granted Kampala Central MP, Muhammad Nsereko leave to introduce a private member’s Bill titled, “The Computer Misuse Amendment Bill”.
Mr Nsereko, who is suggesting Shs15 million fine and a seven-year jail term for a person who “sends, shares or transmits any misleading or malicious information about or relating to any person through a computer, says the law needs to be strengthened to stop cyber-bullying and abuses.
This has, however, reignited a debate as a section of the public accuse the legislator of being is an advocate for “internet policing”.
According to Mr Gwayaka, Ugandans may not speak freely with such laws. “I think MP Nsereko, with due respect, is just looking for cheap popularity. It’s unfortunate that he does not know the kind of lion he is trying to breed, otherwise he might just be the first victim of that law that he’s proposing.”
According to UNESCO, journalists are being threatened by surveillance with Pegasus spyware, a technology sold by an Israeli firm. Uganda has been identified as one of the countries that installed that software.
The latest UNESCO World Trends Report Insights discussion paper “Threats that Silence: Trends in the Safety of Journalists,” highlights how surveillance and hacking are compromising journalism.
Surveillance can expose information gathered by journalists including from whistle-blowers and violates the principle of source protection, which is universally considered a prerequisite for freedom of the media and is enshrined in UN Resolutions.
The head of the European Union Delegation in Uganda, Ambassador Atillio Pacifici, in an interview with Uganda Radio Network said digital surveillance not only affects the safety of journalists but curtails freedom of expression.
“It is wrong and we are totally against it, it’s not right to do so to anyone, be it a journalist, a politician or any other person. These instruments are usually created with good intention because we do have enemies like terrorists,” he said.
World Press Freedom Day commemoration across the world is acting as a reminder to governments of the need to respect their commitment to press freedom.
