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English PDF - East and Horn of Africa Human Rights Defenders ...

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Conference Report: Resources <strong>and</strong> Proceedings 33As such, since the promulgation <strong>of</strong> the 1995 Constitution, there have been a number <strong>of</strong> criminalcases involving journalists <strong>and</strong> their media houses.Examples <strong>of</strong> cases where press freedom has been impinged include the 2002 closure <strong>of</strong> the DailyMonitor (then called The Monitor) for one week by the army <strong>and</strong> police, over a story in which thenewspaper reported that an army helicopter had crushed in the Northern Ug<strong>and</strong>a war zone.In June 2003, security forces closed Radio Kyoga Veritas in Soroti for two months, accusing it <strong>of</strong>running ‘alarmist’ reports on attacks by Lords Resistance Army rebels.In another incident in September 2004, the Ug<strong>and</strong>a Broadcasting Council slapped a fine on RadioSimba, a local FM radio in Kampala for hosting a group <strong>of</strong> homosexuals in a live talk showearlier in August. The council also forced the station to air an apology after every news bulletinfor two days <strong>and</strong> to publish the same apologies in three daily newspapers, i.e. the Daily Monitor,the New Vision <strong>and</strong> a local Lug<strong>and</strong>a daily, Bukedde.Besides media houses, individual journalists too have been affected by the repressive lawsgoverning media in the country. Several journalists have been detained <strong>and</strong> imprisoned in thecourse <strong>of</strong> their duty.The first example was a 1995 incident when a journalist, Haruna Kanaabi <strong>of</strong> The Shariatnewspaper (it has since folded) was sentenced to five months in jail <strong>and</strong> a fine <strong>of</strong> USh 49,500 forsedition <strong>and</strong> another <strong>of</strong> USh 1, 249, 500 for publication <strong>of</strong> false news. His crime was writing astory in which his paper reported that President Yoweri Museveni had visited Ug<strong>and</strong>a’s 40 thdistrict (Rw<strong>and</strong>a) to solicit support ahead <strong>of</strong> the 1996 presidential elections. He became the firstUg<strong>and</strong>an journalist to be convicted on charges <strong>of</strong> seditionIn 2005, the Daily Monitor Political Editor <strong>and</strong> KFM talk show host Mr. Andrew Mwenda wasalso arrested <strong>and</strong> charged with sedition <strong>and</strong> promoting sectarianism over an August 10 live debateon his “Tonight with Andrew Mwenda’’ talk show which discussed the death <strong>of</strong> former SudanesePresident Dr. John Garang.The State contends that the statements made by Mwenda were “likely to cause public alarm <strong>and</strong>fear” among the two countries.He spent three nights at the Central Police Station before being charged at the Nakawa ChiefMagistrate’s Court. The case is still pending.Another case is that <strong>of</strong> two Weekly Observer Editors, James Tumusiime <strong>and</strong> Semujju IbrahimNg<strong>and</strong>a, who were charged with promoting sectarianism. The case is also pending.Supreme Court victory for the mediaWhile the media suffers from a number <strong>of</strong> setbacks, one <strong>of</strong> the biggest affronts on media freedom,the criminalisation <strong>of</strong> publication <strong>of</strong> false news was declared null <strong>and</strong> void.In a February 2004 l<strong>and</strong> mark ruling, the Supreme Court declared unconstitutional, the section <strong>of</strong>the Penal Code that criminalizes publication <strong>of</strong> “false news’’. The ruling follows a constitutionalpetition by Two Monitor Journalists, Charles Onyango-Obbo now working with the Daily Nation<strong>of</strong> Kenya <strong>and</strong> Andrew Mwenda <strong>of</strong> the Daily Monitor. The two had been charged under the samelaw earlier.

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