Reporter Alerts

August 25th 2010 will go down in the History of the media, as the day when the criminal sedition law that was used to jail journalists and perceived political opponents was repealed. The constitutional court has repealed the law on sedition in a landmark ruling, which described the law as inconsistent with Article 29 of the constitution, which provides for freedom of speech, expression and press. In a judgment of five Constitutional Court justices read by the registrar Asaph Ntengye, the justices unanimously ruled that the law on sedition is unconstitutional, because its clauses limit the public's right to enjoy their freedom of expression and speech.   The justices however maintained the law on promoting sectarianism on grounds that that there is nothing that makes it unconstitutional since it comes in existence before the 1995 constitution. 
This ruling means that all politicians, journalists and other individuals who have been facing charges of sedition are free unless the Attorney General appeals against the court’s decision. Five years ago, Andrew Mwenda, a renowned journalist and the East Africa Media Institute challenged the constitutionality of the law on sedition and promoting sectarianism. Mwenda appealed to the constitutional court after he was accused of moderating a radio talk show with intent to cause hatred to person of the president. He was facing 25 charges 17 of sedition and 8 of promoting sectarianism before Nakawa court. 
Mwenda who was present at court during the judgment could not hide his joy. He was pleased with part of the ruling, but added that he still has to battle the law on sectarianism. Angelo Izama, a journalist working with the monitor Newspaper has also been facing sedition charges. He too was pleased with the ruling, saying the judgment was timely given that many journalists and politicians have suffered under the law.
Kenneth Kakuru, representing the East Africa Media Institute, recently argued in court that the law was colonial and intended to protect a feudal set up. James Nawangala, who represented Andrew Mwenda also argued that the law was not required in a democratic society.They said it violated regional and international conventions on human rights, especially the right to free expression.   Patricia Mutesi, who represented the State, said the law was necessary to prevent public disorder. She said the right to free expression couldn’t override national security, arguing that utterances intended to create lawlessness among the public should be criminalized. In addition, Mutesi recently told court that freedom of expression is not an absolute right.
Betty olive Kamya who has been in court for the same charges is happy that the law has met its natural death.
 
Timothy Kalyegira, an online journalist is the most recent victim of sedition. He was summoned to police over a story he published on his online blog incriminating government for the bombs.
Kalyegira, who was summoned on 29 July 2010, was arrested on 2 August at the Kibuli Criminal Investigations Department (CID) headquarters and released on bond.

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Parliament  passes the Communications Tapping Bill July 14, 2010
The Bill, commonly known as the phone tapping bill, was first tabled in Parliament three years ago.  It legalizes government listening to phone conversations for national security purposes.  Government can also check on Internet and postal services if it deems them suspicious. When the Bill was first presented to Parliament, it was met with much opposition.  MPs from across the political divide were concerned about the possible infringement of personal rights and the abuse of the system. The Bill was presented to Parliament last week for a second reading.  Several amendments were made to the proposed law providing for exclusive judicial warrants for any interception of post or telecommunications.  Initially the Minister for Security had the sole responsibility for issuing any warrants for phone tapping. The Security Minister, Amama Mbabazi, continued to argue for a role for his office during Wednesday’s debate.  He said that judges were not on call 24 hours a day and if they were not available, it could delay enforcement of the law.  MPs from the National Resistance Movement, who make up the majority of Parliament, were silent during the debate.  Discussion fell to legislators from the opposition side. Odonga Otto, the MP for Aruu County and Betty Among, the Apac woman MP, said ministerial appointments were too political to be objective in the execution of the law.  They demanded that the Minister distance himself from a personal role in the process.  The Ministry of Information Communication Technology and the Uganda Communications Commission were incorporated into the process as monitoring agencies to ensure transparency of any operations. The new law will require all Ugandans with mobile phones to register their sim cards.  The registration will tabulate names and addresses of all phone owners.
 
Phone Tapping Bill Steadily Sailing in Parliament Despite Protests
Opposition to the phone tapping bill is continuing in Parliament this week with the second reading of the proposed law. The phone tapping bill, officially known as the Inception of Communications Bill, creates legal avenues in which the government can monitor and tap into communication between ordinary citizens.  It will monitor post, the Internet and telephone calls. The proposed law is presented by government as an efficient way to fight terrorism. Yesterday the phone tapping bill was tabled in parliament for the second time. Matias Nsubuga, the Bukoto South MP and Cecilia Ogwal, the Dokolo Woman MP, both raise concerns about who will implement the law once it comes into being. Nsubuga says that because the number of security agents around the country is unknown, any number of people claiming to work for government could abuse the law for puersonal gain.  He calls for better definition on which agency would be in charge of tapping into suspiciuos communications Cecilia Ogwal is concerned that the law will empower government to act against its political enemies.  She says anyone participating in the inception of communication should operate independently of the politics. The bill gives the Security Minister broad powers to allow for interception of communications. It mandates that the Minister establish a Monitoring Center for the interception of communications and gives him the final responsibility over the administration and functioning of the Center. Opposition to the phone tapping bill does not cross the political divide in parliament. Brian Asiimwe, MP of Ntoroko County, says he trusts that the law will be used to improve security in the country.  Abraham Byandala the MP of Katikamu North agrees.  He says the intent of the bill is aimed at protecting all Ugandans. It was hoped that some amendments to the original bill would be approved and voted on by parliament yesterday.  However there was insufficient quorum in the House for this to be done.
 
 
Wrong President Set In Access to Information Petition Feb 3rd 2003
The chief Magistrate’s court in Nakawa has dismissed a petition filed by two Monitor journalists, in which they wanted court to compel government to publish the oil sharing agreements. Last year Charles Mwanguhya, the political Editor of Daily Monitor and Angelo Izama, a senior reporter with the same paper, filed a petition in court asking court to order government to publish the oil sharing agreement. The journalists argued in their petition that the oil sharing agreements were public documents which should be made public. But in his ruling today Deo Sejjemba, the Nakawa chief Magistrate said that government business is not supposed to be in the public domain. Sejjembe said that the members of the public should have confidence in government to be able to transact the oil exploration. He therefore dismissed the petition without awarding costs. Shortly after hearing the ruling Mwanguhya, said the ruling had set a major road to access to information bill. He said the ruling is meant to enforce the government secrecy on the oil exploration in Western Uganda.
 
Monitor Journalists Charged over NRM Chacamchaka story FEbruary 3, 2010
Two journalists have appeared in court over a story that was published in Sunday Monitor, last year. Henry Ocheing, the Editor of Sunday Monitor and Angelo Izama  appeared today before Makindye Grade one magistrate, Immaculate Busingye. They were charged with criminal libel and released on bail. Prosecution told court that the two defamed president Yoweri Museveni, when they authored an article titled “Preparing for the 2011 elections by arming troops”, which ran in Sunday Monitor on December 20, 2009. The article highlighted concerns of stakeholders and diplomats in Kampala about the ruling NRM party’s decision to give military drills to its ‘election scouts’. Both Ochieng and Izama pleaded not guilty to the crime and applied for bail. Busingye granted the accused bail on a cash bond of 100,000 shillings, each. Each of their sureties were bonded by court for shillings 500,000, not in cash. David Ouma Balikoowa, Nicholas Ssengooba, Charles Mwanguhya and Hussein Kashiling stood surety for the journalists. Busingye ordered the accused to return to court on February 26, when their case will come up for mention.
This is the second time Ochieng is being charged with publishing articles which flout the law, within a space of less than six months.
In august last year Ochieng was dragged to the magistrate’s with Daniel Kalinaki, the Daily Monitor Managing Editor and with forgery. The two were accused of forging President Yoweri Museveni’s letter on the controversial ring fencing of electoral offices in Kabale.
Gulu Chief Magistrate Stays Prosecution of Monitor Gulu Bureau Chief Joseph Omodo Nyanga, the Gulu chief magistrate has reversed a decision by the grade II magistrate’s court to proceed with the trial of a Daily Monitor journalist charged with libel. Moses Akena, the Daily Monitor Gulu Bureau chief is charged with publishing defamatory information against Milton Odongo, the Gulu Deputy Resident District Commissioner. The charges arose from statements Patrick Lumumba, the Gulu district Speaker made at a press briefing which Akena published in the Daily Monitor newspaper. Assumpta Ssebunya of Nangwala, Rezida and Company advocates, who appeared for Daily Monitor last week, asked Gulu grade II magistrate court to stay the proceeding until the Supreme Court rules on an appeal challenging the law on libel. But Mike Okonye, the grade II magistrate announced yesterday that he would continue to hear the case despite an ongoing Supreme Court appeal against the law on libel. Mike Okonye ruled that his court would not wait for the outcome of the Supreme Court case because he said the libel case against Moses Akena would be judged based on its own merits. But Omodo yesterday evening said that it was inappropriate for a lower court to proceed and hear a case when a higher court is yet to pronounce itself over a similar charge. Omodo Nyanga said the case would finally be decided upon by the Gulu High court Judge on October 22. Four Daily Monitor journalists, appealed to the Supreme Court for an interpretation on the law on criminal libel. In June this year a panel of five Constitutional Court judges unanimously upheld the law on criminal libel. They said it does not contravene any provision of the constitution. They said the law is meant to safeguard against the infringement on people’s reputations. The Daily Monitor then took their case to the Supreme Court. Patrick Otim, Freelance Reporter, Pader Otim and 10 others were formerly charged with treason on Monday June 15th 2009 at the Buganda Road Court. While this may have ended speculation about the whereabouts, fresh questions emerged about the involvement of a journalist described as “Active and Courageous” in rebel activities. Patrick Otim a freelance reporter based in Pader disappeared on 8th June 2009. Information gathered from his home indicates that he was picked up between 9PM and 11Pm from his Restaurant/Pub on Kalong Road, Pader town council. Otim and his wife Evelyn run the Redeemer Restaurant and Pub where the family resided in the back room at the same area. Security agencies in Acholi are using the arrest of Patrick Otim and now his treason trial to intimidate and box the media into a corner. The security chiefs of Gulu district have been on various radio stations to basically send a chilling message to the rest of the journalists. They warn them of being “picked up” like Otim. This has enhanced self-censorship mechanisms and ultimate fear among practicing journalists and talk show hosts. There is a sense that the security agencies are literally watching and listening to your every conversation in public and private as well as the phone. Daily Monitor Editor Charged for Fogging Presidents, Memo Editors and Journalists of Uganda's largest private newspaper are on bail pending trial on criminal charges for allegedly fogging president Museveni’s letter. Makindye Chief Magistrate, Joyce Kavuma, granted a cash bail of five hundred thousand shillings to Daniel Kalinaki, managing editor of the Daily Monitor, and Henry Ochieng, editor of the Sunday Monitor. The two are charged with forgery after the paper reproduced a copy of a leaked presidential memorandum on the now controversial ring-fencing of political positions in Bunyoro region to avoid domination by the immigrant Bakiga.