A Critique of the Law Relating to Freedom of Expression in Uganda

ABSTRACT 

This research analyzed the right to freedom of expression in Uganda; it begins by stating that Human rights are classified into four generations that is to say the first, second, third and fourth. Freedom of expression originates from the first generation rights which encompass all civil and political rights set forth under the Universal Declaration of Human Rights (1948). This right entails freedom of thought, conscience and religion; freedom of opinion and expression; freedom of peaceful assembly and association; the right of all to take part in the government of their country; equal access to public services; and, periodic and genuine elections. It further analysis the enjoyment of this right from the period of pre Colonial Freedom of expression was greatly suppressed as evidenced by various legislations inform of Ordinances passed at that time for example , the Newspapers Surety Ordinance No. 9 of 1910,the Press Censorship Ordinance No. 4 of 1915, introduced by Sir Frederick Jackson, to protect British information. The Press Censorship and Publications Act was passed in 1949. Constitutionally the origin of right to freedom of expression dates back to the 1962 Constitution The second Obote Government passed The Newspaper and Publications (Prohibition) Order, 1981, No. 4 (March 11, 1981), No. 5 (March 25,1981), and No. 48 (September 18, 1981). under the bill of rights there are a number of laws that have a direct impact on freedom of expression this include the Penal Code Act (CAP 120) of the laws of Uganda, the Anti Terrorism Act of 2002, the Access to Information Act 2005, under the current regime freedom of expression is provided for under article 29 of the 1995 Constitution of the laws of Uganda. And other Acts of parliament discussed therein. The purpose of the study was to examine freedom of expression, its legal frame work, its nature and the legitimate limitations both under international law and national and it found out that freedom of expression is not absolute its enjoyment is subject to some legitimate limitations discussed in the research there in after research, the main objective was to analysis the effectiveness of the laws protecting the right to freedom of expression in Uganda. According to the purpose of this study the design that was adopted was desk legal research meaning the research was conducted using the library materials the researcher used both primary source and secondary source. The primary sources that the researcher used included International Human Rights laws, Constitutional and other laws of the Republic of Uganda. The secondary sources that the researcher used include the available literature on the right to freedom of expression such as books, articles, papers, reports and journals by visiting libraries and internet websites. Also the study adopted qualitative methodology a method of looking at things ‘holistically and comprehensively, to study it in its complexity and to understand it in its context”.

TABLE OF CONTENT

DECLARATION A........................... . ...................................... i

DECLARATION B

DEDICATION iii

ACKNOWLEDGEMENT iv

LIST OF ACRONYMS v

LIST OF LEGISLATION vi

LIST OF CASES vii

TABLE OF CONTENT viii

ABSTRACT xi

CHAPTER ONE: GENERAL BACKGROUND 1

1.0 Introduction 1

1.1 Introduction I

1.2 Historical background of freedom of expression in Uganda 8

1.2.1 Freedom of expression during pre- colonial 8

1.2.2 Freedom of Expression during Colonial Uganda 8

1.2.3 Freedom of expression during the post colonial Uganda 9

1.3 Statement of the Problem 19

1.4 Purpose of the Study 20

1.5 Main Objective of the Study 20

1.5.1 Specific Objectives 20

1.6 Research Questions 20

1.7 Scope of the Study 20

1.7.1 Geographical scope 20

1.7.2 Time scope 20

1.7.3 Content scope 21

1.8 Significance of the study 21

1.9 Review of literature 21

1.10 Methodology 25

1.10.1 Study Design 25

1.10.2 Document Reviews/Content Analysis 26

1.10.3 Interviews 27

1.11 organization layout/ chapterisation 27

CHAPTER TWO: NON LEGAL ISSUES THAT AFFECT THE RIGHT TO

FREEDOM OF EXPRESSION 28

2.0 Introduction 28

2.1 Politics 28

2.2 Culture 30

2.3 Conclusion 31

CHAPTER THREE: THE PLACE OF INTERNATIONAL LAW IN THE

PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION IN UGANDA~.32

3.0 Introduction 32

3.1 Position of international law in Uganda 32

3.2 International Legal Framework For the protection of the right of freedom of expression 34

3.3 The Fundamental Nature of Freedom of Expression 37

3.4 Legitimate Restrictions on Freedom of Expression 39

3.4.1 International Standards 39

3.4.2 National Standards 41

3.5 The International Instruments that provide for Freedom of Expression 42

3.5.1 International Covenant on Economic, Social and Cultural Rights (UN 1966) 42

3.5.2 Convention on the Elimination ofAll Forms of Discrimination against Women UN (1979) 46

3.5.3 African (Banjul) Charter on Human and Peoples’ Rights. (Adopted 27 June 1981) entered into force 21 October 1986) 47

3.5.4 The Universal Declaration of Human Rights (UN, 1948) 50

3.6 Conclusion 53

CHAPTER FOUR: THE EFFECTIVENESS OF THE LAWS IN THE PROTECTION OF THE RIGHT TO FREEDOM OF EXPRESSION IN UGANDA...,, , .54

4.0 Introduction 54

4.1 The Regulation of Interception of Communications Act, 2010, Acts 18 54

4.1.1 However the following sections of the Regulation of Interception of Communications

Act, 2010, Acts 18 Act limit the enjoyment of freedom of expression 55

4.2 The Constitution of the Republic Of Uganda 1995 57

4.2.1 Legitimate Limitations to the right to freedom of expression 58

4.3 The Public Order Management Act 2013 59

4.3.1 However the following provisions of the Public Management Act limit the enjoyment

of the right to freedom of expression 60

4.4 The Computer Misuse Act, 2011 63

4.5 The Press and Journalists Act 1995 69

4.6 The Electronic Media Act 71

4.7 Uganda Communications Act 2013, Act 1 71

4.8 The Anti-Homosexuality Act 2014 74

4.9 The Anti-Pornography Act 2014 75

4.10 Anti-Terrorism Act, 2002 76

4.11 The Presidential Elections Act 2005 and the Parliamentary Elections Act 2005 77

4.12 The following sections of the law also limit the enjoyment of the right to freedom of expression 78

4.12.1 Defamation 78

4.12.2 Anti-Terrorism Act, 2002 78

4.13 Conclusion 80

CHAPTER FIVE: CONCLUSIONS AND RECOMMENDATIONS .81

5.1 Conclusion 81

5.2 Recommendations 82

BIBLIOGRAPHY 85