Media Law, Ethics & Human Rights by KATAMU EDDY NEDINANI

Media Law, Ethics & Human Rights
A guide for media law and practice
11/8/2015
Author: Katamu Eddy. Nedinani

MEDIA LAW, MEDIA ETHICSMedia Law, Ethics & Human Rights
Contact: +256 753 366766 Email: katamunedinani@gmail.comCopyright ©2015 Page 2
Table of Contents
LIST OF ACRONYMS ........................................................................................................................... 6
ABSTRACT............................................................................................................................................. 8
CHAPTER I: MEDIA ETHICS............................................................................................................... 9
1.0 ETHICS DEFINED: .......................................................................................................................... 9
1.2 HISTORICAL DEVELOMENT OF MEDIA ETHICS .................................................................... 9
1.2.1 THEORIES IN JOURNALISM AND THEIR IMPORTANCE .................................................. 10
1.2.1MEDIA ETHICS ........................................................................................................................... 16
1.2.2 CODE OF ETHICS ...................................................................................................................... 16
1.2.3 DIFFERENCE BETWEEN LAW AND ETHICS ....................................................................... 16
1.3 DIVISIONS OF ETHICS ................................................................................................................ 16
1.4 ETHICAL ISSUES IN JOURNALISM .......................................................................................... 17
1.5 SOLUTIONS TO UNPROFESSIONAL CONDUCT BY JOURNALISTS................................... 18
1.6 JUSTICATIONS/ IMPORTANCES OF MEDIA ETHICS ............................................................ 18
1.7 PROFESSIONAL CODE OF ETHICS FOR JOURNALISM PRACTICE IN UGANDA ............ 20
1. SCOPE............................................................................................................................................ 20
2. PROFESSIONAL INTEGRITY..................................................................................................... 20
3. CONFLICT OF INTEREST........................................................................................................... 21
4. ACCURACY, FAIRNESS AND BALANCE................................................................................ 21
5. RIGHT OF REPLY ........................................................................................................................ 22
6. SOCIAL RESPONSIBILITY......................................................................................................... 22
7. RESPECT FOR PRIVACY AND HUMAN DIGNITY............................................................................... 22
8. LETTERS TO THE EDITOR................................................................................................................. 23
9. PLAGIARISM.................................................................................................................................... 23
10. NON-DISCLOSURE OF SOURCES.................................................................................................. 24
11. INTRUSION INTO GRIEF............................................................................................................... 24
12. INNOCENT RELATIVES AND FRIENDS.......................................................................................... 24
13. VICTIMS OF SEX CRIMES ............................................................................................................. 25
14. PROTECTION OF CHILDREN......................................................................................................... 25

15. CHILDREN IN CRIMINAL CASES ................................................................................................... 26
16. PUBLICATION OF ADULTS-ONLY MATERIAL ............................................................................... 26
17. USE OF PICTURES ........................................................................................................................ 26
18. HATRED ....................................................................................................................................... 27
19. DISADVANTAGED AND MARGINALIZED GROUPS....................................................................... 27
20. COVERING CONFLICTS................................................................................................................. 27
21. UNDUE PRESSURE OF INFLUENCE .............................................................................................. 27
22. PAYMENT FOR INFORMATION.................................................................................................... 28
23. ADVERTISEMENTS....................................................................................................................... 28
1. Lodging a complaint........................................................................................................................ 28
2. Managing of complaint(s)............................................................................................................... 29
3. Handling a compliant...................................................................................................................... 29
4. DECISION OF THE ETHICS COMMITTEE .......................................................................................... 30
5. PUBLICATION OR BROADCAST OF THE DECISION OF THE ETHICS COMMITTEE............................ 30
CHAPTER II: MEDIA LAW........................................................................................................................ 31
2.0 THE IDEA OF LAW/ CONCEPT OF LAW............................................................................................. 31
2.1 MEDIA LAW...................................................................................................................................... 31
2.2 WHY DO WE STUDY MEDIA LAW?................................................................................................... 31
2.3 SOURCES OF MEDIA LAW ................................................................................................................ 37
2.4 LEGAL TERMINOLOGY...................................................................................................................... 37
2.5 CLASSIFICATION OF LAW/ BRANCHES OF LAW ............................................................................... 38
2.6 DIFFERENCES BETEEN CIVIL LAW AND CRIMINAL LAW................................................................... 38
2.6.1 DIFFERENCES BETWEEN CIVL LAW AND CRIMINAL LAW ............................................................. 40
2.7CRIMINAL CASES ............................................................................................................................... 41
2.7.1 SEDITION....................................................................................................................................... 41
2.7.2 CRIMINAL LAW (S.179 P.C) ........................................................................................................... 42
181. DEFINITION OF PUBLICATION ........................................................................................................ 43
182. DEFINITION OF UNLAWFUL PUBLICATION .................................................................................... 43
183. ABSOLUTE PRIVILEGE OF DEFAMATORY MATTER......................................................................... 43

184. CONDITIONAL PRIVILEGED OF DEFAMATORY MATTER................................................................. 44
185. GOOD FAITH DEFINED.................................................................................................................... 45
186. PRESUMPTION AS TO GOOD FAITH............................................................................................... 45
2.8 CRIMINAL TRESPASS ........................................................................................................................ 46
2.9 TREASON- SECTION 25, 23 OF THE PENAL CODE............................................................................. 46
2.10 CONCEALMENT OF TREASON ........................................................................................................ 47
2.11 CONTEMPT OF COURT................................................................................................................... 47
2.12CIVIL CASES ..................................................................................................................................... 48
2.12.1 TRESPASS TO THE PERSON.......................................................................................................... 48
1. Definition ........................................................................................................................................... 48
2. Assault................................................................................................................................................ 48
3. Battery................................................................................................................................................ 49
2.12.2 DEFAMATION.............................................................................................................................. 57
2.12 STATE OF MEDIA IN UGANDA........................................................................................................ 65
2.13 LIMITATIONS TO FREEDOM OF SPEECH AND EXPRESSION. .......................................................... 68
3.14 COPYRIGHT LAW IN UGANDA (COPYRIGHT AND NEIGHBOURING RIGHTS ACT 2006) ................. 71
3.14.2 MORAL AND ECONOMIC RIGHTS................................................................................................ 72
3.15.3 ECONOMIC RIGHTS OF AN AUTHOR........................................................................................... 72
3.15.4 DURATION OF COPYRIGHT PROTECTION.................................................................................... 73
3.15.5 NEIGHBORING RIGHTS................................................................................................................ 74
TEST YOUR KNOWLEDGE (GUIDING QUESTIONS) ................................................................................. 99
CHAPTER III: HUMAN RIGHTS .............................................................................................................. 102
3.0 HUMAN RIGHTS DEFINED .............................................................................................................. 102
3.1 CHARACTERISTICS OF HUMAN RIGHTS.......................................................................................... 102
3.2 THE HISTORY OF HUMAN RIGHTS.................................................................................................. 102
3.3 CATEGORIES OF HUMAN RIGHTS................................................................................................... 104
3.3.1RIGHTS OF WOMEN..................................................................................................................... 105
3.3.2 RIGHTS OF PERSONS WITH DISABILITIES .................................................................................... 105
3.3.3 REGIONAL, CONTINENTAL AND INTERNATIONAL INSTRUMENTS.............................................. 106

3.3 DECLARATION OF PRINCIPLE ON FREEDOM OF EXPRESSION IN................................................... 106
3.4 THE EAST AFRICA COMMUNITY..................................................................................................... 106
3.5 PROTOCOL ON MANAGEMENT OF INFORMATION & COMMUNICATION .................................... 107
3.6 CONSTITUTION OF THE REPUBLIC OF UGANDAN 1995................................................................. 107
3.7 Role and impact of regulatory bodies of the media in Uganda..................................................... 107
3.8 PROBLEMS/ CHALLENGES FACED BY THE MEDIA IN UGANDA...................................................... 109
3.9 THE MEDIA COUNCIL ..................................................................................................................... 116
3.9.1 IMPORTANCE OF FREEDOM OF SPEECH & EXPRESSION ............................................................ 116
3.9.2 INTERNATIONAL GUARANTEE OF FREEDOM OF EXPRESSION AND ITS ANALYSIS..................... 118
3.9.3 KEY ASPECTS................................................................................................................................ 119
3.10 ENFORCEMENT OF HUMAN RIGHTS BOTH AT NATIONAL AND INTERNATIONAL LEVEL ............ 122
3.11 PROMOTION AND PROTECTION OF HUMAN RIGHS IN UGANDA ............................................... 124
3.11.1 UGANDA HUMAN RIGHTS COMMISSION ................................................................................. 124
3.11.2 PARLIAMENT............................................................................................................................. 127
3.11.3 JUDICIARY.................................................................................................................................. 129
3.11.3 ROLE OF NGOs IN PROTECTION AND PROMOTION OF HUMAN RIGHTS IN UGANDA............. 134
3.11.4 RIGHTS OF CHILDREN................................................................................................................ 135
3.12 INFORMATION ............................................................................................................................. 137
3.12.0 ROLES OF INFORMATION.......................................................................................................... 138
3.12.1 ACCESS TO INFORMATION AT THE INTERNATIONAL LEVEL ..................................................... 140
3.12.2 ORGANISATION OF AMERICAN STATES.................................................................................... 140
3.12.3 COUNCIL OF EUROPE ................................................................................................................ 141
3.12.4 AFRICAN UNION........................................................................................................................ 142
PRINCIPLE 1: MAXIMUM DISCLOSURE ................................................................................................ 143
PRINCIPLE 2: OBLIGATION TO PUBLISH ............................................................................................... 144
PRINCIPLE 3: PROMOTION OF OPEN GOVERNMENT .......................................................................... 144
PRINCIPLE 4: LIMITED SCOPE EXCEPTIONS.......................................................................................... 145
PRINCIPLE 5: PROCESSES TO FACILITATE ACCESS................................................................................ 147
PRINCIPLE 6: COSTS.............................................................................................................................. 148

PRINCIPLE 7: OPEN MEETINGS............................................................................................................. 149
PRINCIPLE 8: DISCLOSURE TAKES PRECEDENCE .................................................................................. 149
PRINCIPLE 9: PROTECTION FOR WHISTLEBLOWERS............................................................................ 149
LIST OF ACRONYMS
AU – African Union
BBC – British Broadcasting Council
BC – Broadcasting Council
CBS – Central Broadcasting Service
Co – Company
DANIDA – Danish Development Agency
DPC – District Police Commander
EAC – East African Community
EC – Electoral Commission
FDC – Forum for Democratic Change
HRNJ – Human Right Network for Journalists
ICCPR – International Covenant on Civil and Political Rights
ICESCR - International Covenant on Economic Social and Cultural Rights
IPC – Inter-Party Co-operation
JLOS – Justice, Law and Order Sector
LCD – Liquid Crystal Display
MOD – Media Offences Department
NCHE – National Council for Higher Education
NGO – Non Governmental Organization

NIJU – National Institute of Journalism of Uganda
NRM – National Resistance Movement
NTV – Nation Television
OAS – Organization of American States
PC – Penal Code
PGB – Presidential Guard Brigade
PRO – Public Relations Officer
PWDS – Persons with Disabilities
RDC – Resident District Commissioner
SFG - Special Force Group
SMR - Stimulus Message Reaction
TV - Television
UBC - Uganda Broadcasting Council
UDHR - Universal Declaration of Human Rights
UHRC - Uganda Human Rights Commission
UK - United Kingdom
UN - United Nations
UNESCO - United Nations Educational, Scientific and Cultural Organization
UPC- Uganda People’s Congress
UPDF- Uganda People’s Defense Force
UPE - Universal Primary Education
UPF - Uganda Police Force
USA - United States of America
VOT - Voice of Toro
WBS - Wava Broadcasting Service

ABSTRACT
This book offers a practical guidance and tips for Journalism students and practicing journalists in the
field of Media Ethics, Media Law and Human rights. It is a must have guide to journalists both in
universities and tertiary institutions.
It covers important topics for journalists such as defamation, contempt of court, copyright law,
freedom of expression and information entitled to journalists, trespass, media ethical issues, human
rights among important topics in tandem with NHCE.
As a journalist, there are reasons why you need to learn about media law;
The first is that there are legal rules which affect what you can/ can’t publish/ broadcast and you
clearly need to know what these are.
Secondly, the law and legal proceedings will often form part of the subject matter of the stories you
write, especially the case of national press and media in Uganda where reporting about court is an
important part of news coverage, but legal issues and court cases are also covered by the media.
You therefore need to have basic knowledge of the legal systems and how it operates in Uganda.

CHAPTER I: MEDIA ETHICS
1.0 ETHICS DEFINED:
ETHICS: The word ethics is derived from a Greek word “ethos” which means a custom, habit or
character.
Ethics is a branch of philosophy that explores the nature of moral virtue and evaluates human actions.
Ethics therefore are confirmed behavior of a particular discipline to be followed.
Media ethics is the subdivision of applied ethics dealing with the specific ethical principles and
standards of media, including broadcast media, film theatre, the arts, topics, ranging from war
journalism to advertising.
1.2 HISTORICAL DEVELOMENT OF MEDIA ETHICS
Journalism ethics were born from the combination of ethical philosophies and principles. Journalists
apply John Stuart Mill’s principle of utilitarianism most often. Utilitarianism is rooted in the principle
of seeking the greatest good for the greatest number of people. If reporters and editors agree that
publication of a story will benefit more people than it would harm them, the article is published.
Journalists use the Judeo-Christian principle of the golden rule as well. The phrase “do unto others as
you would wish them to do unto you” holds many journalists accountable for their actions as reporters.
These philosophies, as well as others, build the core of media ethics.
Generally speaking, there are two traditions in modern philosophical ethics regarding how to
determine the ethical character of actions. One school argues that actions have no intrinsic ethical
character but acquire their moral status from the consequences that flow from them (Teleological i.e.
actions that inherently good.
The other tradition claims that actions are inherently right or wrong e.g. lying, cheating, stealing etc
(deontological). These argue that provided the action is bad even if it has good effects, the action will
never be right e.g. deceiving.
According to utilitarianism, a school of thought originated by the British thinker Jeremy Bentham
(1748-1832) and refined by John Stuart Mill (1806-1873) contends that something is morally good to

the extent that it produces a greater balance of pleasure over pain for the greatest number of people
involved known as the greatest good of the greatest number.
In conclusion therefore, deontological school of thought regarding the ethics points to the actual act
and not the result i.e. provided the action is bad even if it has good effects, it’s never right and
utilitarianism point to actions which must produce the greatest good of the greatest number.
1.2.1 THEORIES IN JOURNALISM AND THEIR IMPORTANCE
A) Absolute philosophy: This is a theory that deals with fixed sets of laws and principles from which
there is no deviation. Believers of this theory accept that principles are above individuals once they are
set, all must obey and do in accordance with the law. The absolutists principles become rules and these
are then treated as law. Sometimes these are referred to as legalism. In other words, it holds the view
that a journalist must be a kin observer.
This theory plays the role of showing and maintaining the truth in society. Under this theory, a
journalist is concerned with only the truth, news worthiness, how interesting it is, timeliness,
significance, regardless of the outcome of the event, hence it emphasizes the qualities of a good news
story.
The absolute is the concept of an unconditional reality which transcends limited, conditional, everyday
existence. It is sometimes used as an alternative term for “God” or “the Divine” especially, but by no
means exclusively by those who feel that the term “God” ends itself too easily to anthropomorphic
presumptions. The concept of The Absolute may or may not (depending on one’s specific doctrine)
possess discrete will, intelligence, awareness or a personal nature. It is sometimes conceived of as the
source through which all being emanates. It contracts with finite things, considered individually and
known collectively as the relative. This is reflected in its Latin origin absolutist which means “loosed
from” or “unattached”.
The term Absolute denotes unconditioned and / or independence in the strongest sense in terms of
reasoning. It can include or overlap with meanings implied by other concepts such as infinite, totality
and perfection. In Christian theology, the Absolute is conceived as being synonymous with or an
essential attribute of god and it characterizes other natures of God such as His love, truth, wisdom,
existence (omnipresence), knowledge (omniscience), power (omnipotence) and others. Absolute love

for example denotes an unconditional love as opposed to conditional, limited love. Likewise, the
absolute can also be understood as the Ultimate Being or a characteristic of it, in other religious
traditions.
Greek philosophers did not explicitly elaborate on the absolute but the idea of an ultimate principle
drove their inquires forward. In addition, while medieval philosophers did not use the term absolute,
their thoughts on God where the first explicit elaborations on the absolute. Since then, there have been
many interpretations of the absolute. Major philosophers who have dealt with the Absolute include the
German Idealists such as Schelling, Kant and Hegel and British philosophers such as Herbert Spencer,
William Hamilton, Bernard Bosanquet, Francis Bradley and Thomas Hill Green and American idealist
philosopher Josiah Royce.
B) Situational ethics or situation ethics is a Christian ethical theory that was principally developed in
the 1960s by the then Episcopal priest, Joseph Fletcher. It basically states that sometimes other moral
principles can be cast aside in certain situations if love is best served as Paul Tillich once put it: “Love
is the ultimate law”. The moral principles Fletcher is specifically referring to are the moral codes of
Christianity and the type of love he is specifically referring to is ‘αγαπŋ’ love. Agapē is a Greek term
meaning love (sometimes translated as unconditional love). Fletcher believed that in forming an
ethical system based on love, he was best expressing the notion of “love thy neighbor” which Jesus
Christ taught in the Gospels of the New Testament of the Bible. Through situational ethics, Fletcher
attempted to find a “middle road” between legalistic and antinomian ethics. Fletcher developed
situational ethics in his books: the Classic Treatment and Situation Ethics.
Fletcher believed that there are no absolute laws other than the law of Agape love and all the other
laws were laid down in order to achieve the greatest amount of this love. This means that all the other
laws are only guidelines to how to achieve this love and thus they may be broken if the other course of
action would result in more love.
Situational ethics is a teleological or consequential theory, in that it is concerned with the outcome or
consequences of an action; the end. In the case of situational ethics, the ends can justify the means or
rules can be used to justify the means if a situation is not intrinsically bad. Whether you believe in the
Bible or Church, there are always right and wrong consequences. Fletcher believed you should base

moral decisions upon the commandment to love your neighbor. Relating to freewill, he also claimed
you should follow the Bible’s guidance depending whether it is the most loving thing to do.
C) Antinomianism in Christianity is the belief that under the gospel dispensation of grace, moral law is
not binding on Christians because faith alone is sufficient for salvation. Antinomianism and the
Protestant doctrine of sola fide (justification through faith alone) are historically related. Commonly
seen as the theological opposite to antinomianism which notion states that, obedience to a code of
religious law, earns salvation such as Legalism or Works righteousness of Judaizing.
The term “antinomianism” emerged soon after the Protestant Reformation and has historically been
used mainly as a pejorative against Christian thinkers or sects who carried their belief in justification
by faith further than customary. Examples are Martin Luther’s critique of antinomianism and the
Antinomian Controversy of the 17th
century Massachusetts Bay Colony. Although the term is 16th
century, the topic has its roots in Christian views on the old covenant extending back to the 1st
century.
It can also be extended to any individual who rejects a socially established morality. However, few
groups outside of anarchism such as Christian anarchism or Jewish anarchism explicitly call
themselves “antinomian”.
These theories are however very broad with deferring pieces of information. Below are some of
the importance of these philosophies especially in regard to journalists;
Absolute philosophy plays the royalty function.
Members of a given society stand to demand journalists as their sources of information which must be
correct, current and necessary and important in improving the lives of these members of society. News
agencies and media housesuse the journalists to reach the masses who act as a link between the people
and the media houses. It therefore becomes the responsibility of a journalist to gather rightful
information and inseminate to the masses. Media houses in Uganda for example employ deferent
skilled experts in the field of journalism and media communication and the journalists in those
organizations must maintain allegiance to citizens and the larger public interest above any other if they
are to provide the news without fear or favor. This commitment to citizens first is a basis of a news
organization’s credibility, the implied covenant that tells the audience the coverage is not slanted for
friends or advertisers. Commitment to citizens also means journalism should present a representative
picture of all constituent groups in society.
It helps a journalist to prove a discipline of verification.
Absolute philosophy helps journalists to rely on their professional discipline for verifying information.
When the concept of objectivity originally evolved, it did not imply that journalists are free of bias. It

called, rather, for a consistent method of testing information and a transparent approach to evidence
precisely so that personal and cultural biases would not undermine the accuracy of their work. The
method is objectivity, not the journalist seekingout multiple witnesses, disclosing as much as possible
about sources, or asking various sides for comment. This discipline of verification is what separates
journalism from other modes of communication such as propaganda, fiction or entertainment.
Helps practitioners to maintain an independence from those they cover.
Absolute philosophy also helps journalism practitioners to maintain independent minds while covering
news. Independence is an underlying requirement of journalism, a cornerstone of its reliability.
Independence of spirit and mind, rather than neutrality, is the principle journalists must keep in focus.
While editorialists and commentators are not neutral, the source of their credibility is still their
accuracy, intellectual fairness and ability to inform.
It helps journalists serve as an independent monitor of power.
Journalism is a civil educator and a guardian of democracy. It is a Watchdog over those whose power
and position affects citizens. But there should be an independent press to ensure it, courts have
affirmed it; citizens rely on it. As journalists, we have an obligation to protect freedom by
Not demeaning it in frivolous use or exploiting it for commercial gain.
It helps to provide a forum for public criticism and debate.
Absolute philosophy help the news media as the common carriers of public discussion and this
responsibility forms a basis for our special privileges. This discussion serves society best when it is
informed by facts rather than prejudice and supposition. The absolute philosophy also helps journalism
practitioners strive to fairly represent the varied view points and interests in society and to place them
in context rather than highlighting only the conflicting fringes of debate. Accuracy and truthfulness
require that as framers of the public discussion, we do not neglect the points of common ground where
problem solving occurs.
It helps journalists strive to make the significant interesting and relevant stories.
Journalism is story telling with a purpose. Therefore absolute philosophy helps journalists to do more
than gather information from the audience or catalogue it for its own survival, it balances what readers
know and what they can not anticipate but need. In short, absolute philosophy strives to make the
significant interesting and relevant. The effectiveness of a piece of journalism is measured both by
how much it engages its audience and enlightens it. This means journalists must continually ask what
information has most value to citizens and in what form.
It helps to keep the news comprehensive and proportional.
Keeping news proportion and not leaving important things out are also cornerstones of truthfulness.
Journalism is a form of cartography which creates a map for citizens to navigate society/inflating
events for sensation, neglecting others, stereotyping or being disproportionately native all makes a less

reliable map. The map should also include news of all communities, not just those with attractive
demographics. Therefore absolute philosophy helps journalists to keep news comprehensive and
proportional.
It gives chance to practitioners to exercise their personal conscience.
Absolute philosophy gives every journalist chance to have a personal sense of ethics and responsibility
and moral compass. Each journalist must be willing, if fairness and accuracy require, to voice
differences with colleagues, whether in the newsroom or the executive suite. News organizations that
follow the absolute philosophy do well to nurture this independence by encouraging individuals to
speak their minds. This stimulates the intellectual diversity to understand and accurately cover.
Situational Ethics, according to Fletcher’s model, states that decision-making should be based upon
the circumstances of a particular situation and not upon fixed Law. The only absolute is Love. Love
should be the motive behind every decision. As long as Love is your intention, the end justifies the
means. Justice is not in the letter of the Law, it is in the distribution of Love. Fletcher founded his
model upon a statement found in the New Testament of the Bible that reads, “God is Love” (John 4:8).
Situational ethics is a teleologicalor consequential theory, in that it is concerned with the outcome or
consequences of an action. In the case of situational ethics, the end can justify the means or rules can
be used to justify the means if a situation is not intrinsically bad. Whether you believe in the Bible or
Church, there are always right and wrong consequences. Situationism does not hold that everything is
relative, like the antinomianism does. The situationist knows, understands, accepts the ethical maxims
of the community and its heritage and weights them carefully before making a decision. However,
often situationists find it difficult to make an ethical decision. They argue that if something is
unethical, then it should be left out.
It helps the practitioners to compromise rights and obligations, freedoms and responsibilities.
The legal rights and obligations set in the relevant legal norms; the media have an ethical situational
responsibility towards society and citizens which must be underlined at the present time, when
information and communication play a very important role in the formation of citizens’ personal
attitudes and the development of society and democratic life. Therefore situational philosophy helps
the journalism profession to compromise rights and obligations, freedoms and responsibilities.
It helps journalists to differentiate between news and opinions.
The situational philosophy helps journalists practice in distinguishing between news and opinions, by
making it impossible to confuse them. News is information about facts and data, while opinions
convey thoughts, ideas, beliefs or value judgments on the part of media companies, publishers or
journalists.

It helps practitioners to freedom of opinion.
The situational philosophy gives journalists chance and freedom to express their opinions. Expression
of opinion entails thoughts or comments on general ideas or remarks on news relating to actual events.
Although opinions are necessarily subjective and therefore cannot and should not be made subject to
the criterion of truthfulness, we must ensure that opinions are expressed honestly and ethically.
Protection of the media house.
Situational philosophy helps journalists and the media houses at large from being closed down by the
government because it being that situational philosophy lies between absolute and antinomian
philosophy, there is possibility of the media house to follow the antinomian philosophy which
disobeys the rules and principles of journalism. So a journalist can go astray and cause problems to the
media house for example the closure of Monitor FM in 2006 elections, after announcing the results
before the electoral commission officially announced the results. Therefore, the situational philosophy
protects journalists and the media houses when taking the absolute route.
Respect for privacy and human rights.
Since the situational philosophy lies between the absolute philosophy and antinomian philosophy, so it
gives chance journalists to respect for privacy and people’s privacy. This comes in a way that their
stories which may be good to be newsworthy, but since they are sensitive to the particular sources
under situational they are decided to benefit out to protect the privacy of that source or person.
It helps journalists to report only in accordance to facts.
Situational philosophy helps the journalists to report only in accordance with facts of which they know
the origin. The journalists shall not suppress essential information or falsify documents since there is a
possibility of defaming and the court has the responsibility of revealing the source.
It helps journalists to be alert to the dangers of discrimination.
Situational philosophy helps the journalists to be alert to the danger of discrimination being furthered
by media and to do the utmost to avoid facilitating such discriminations based on, among other things;
race, sex, sexual orientation, language, religion, political or other opinions and national and social
origins.
It protects journalists from committing professional offenses.
The situational philosophy helps journalists to escape professional offenses such as plagiarism,
malicious misinterpretation, calumny, libel, slander, unfounded accusations and acceptance of a bribe
in any form in consideration of either publication or suppression since it follows the ethical principles.
The antinomian philosophy rejects all rules and it is the opposite of absolutism. Antinomian simply
means against rules or laws. The antinomian ethics have neither predetermined the standards of
conduct nor moral rules. With antinomian, actions are spontaneous and unpredicted.

1.2.1MEDIA ETHICS
Like other professionals, journalism as a profession has ethics which journalists must follow while
executing their work/ duties.
Media Ethics therefore are norms, principles that guide media or journalism practice.
1.2.2 CODE OF ETHICS
A code means a specific guidance or principle to be followed by a particular discipline or profession.
1.2.3 DIFFERENCE BETWEEN LAW AND ETHICS
Black stone defined Law as a rule of civil conduct prescribed by the supreme power of state
commanding what is right and prohibiting what is wrong.
Law may also be defined as a set of rules and regulations which govern human conduct whereas Ethics
are norms and principles that guide a particular discipline or profession.
Whereas Breach of Law can lead to prosecution, breach of code of ethics may not necessarily attract
prosecution. However, it has the capacity of negatively affecting the way professionals execute their
work. Failure to strictly follow the professional code of ethics may affect one’s performance career
development and reputation i.e. conflict of interest, corruption and bribery etc. in addition, a
professional can lose his license to practice journalism.
1.3 DIVISIONS OF ETHICS
There are 3 major divisions of ethics namely;
a) Meta Ethics which deals with the nature of moral judgment, it looks at the origins and meaning
of ethical principles. They are concerned with the nature of ethics and moral reasoning.
It covers the following questions;
i) What is the meaning of moral terms? i.e. what is good, bad, right, fair etc.
ii) Nature of moral judgment i.e. it is universal or relative depending on the society.
iii) When can we defend moral judgment?
b) Normative Ethics which are concerned with the content of moral judgments and criteria for
what is right and wrong.
c) Applied Ethics examines controversial area topics like animal rights, capital punishments etc.

1.4 ETHICAL ISSUES IN JOURNALISM
 Plagiarism i.e. making use of another person’s material or ideas without proper
acknowledgement and attribution of the source of material.
 Deceit.
 Conflict of interest.
 Bribery and corruption.
 Participation in News.
 Invasion of privacy.
 Withholding of information.
 Challenges posed by the internet i.e. plagiarism, outdated material.
 Pornography i.e. unethical conducts in Journalism.
 Writing biased stories especially during political campaigns.
 Sensational headlines that promise a lot of information which is not in the story.
 Exposing minors and victims of rape, defilement etc.
 Publishing/ broadcasting content of bad taste such as graphical details of injuries during
accidents, dead bodies etc.
 Pornographic content especially in video halls and on internet.
 Exposing Nudity as in Tabloids.
 Invasion of privacies especially of celebrant i.e. by Tabloids Factual errors and not apologizing
for them or clarifying later.
- Defamatory coverage especially when reporting about scandals.
- Accepting bribes or selling news to media houses by journalists or presenters.
- Not giving equal coverage to all parties especially during political party activities.
Despite the above, a section of Uganda’s media has tried its level best to exhibit high journalism ethics
through their strong advocacy and punishing their employees who have been caught engaging in
unethical conducts some of these media institutions include New Vision group and Daily Monitor

including the observer have subscribed to journalism professional bodies both national and
international charged with the duty of promotion of professionalism in the media.
They also supported the formation of national bodies like National Institute of Journalists of Uganda
and Uganda Press Association.
1.5 SOLUTIONS TO UNPROFESSIONAL CONDUCT BY JOURNALISTS
 Strengthen professional journalism training. Most institutes for information training in Uganda
are money minded and there is need for them to adequately engage in training all mind
journalists who are competent and ethically sound.
 Increase pay for journalists to match with the quality of work expected. Media houses should
offer a competitive pay to journalists in order for them not to be susceptible to corruption
tendencies and bribes.
 Media houses should stick to professional code of ethics in order to produce quality work.
 Reform the media laws; the government should review the media regime and journalists should
also lobby and canvass government, parliament and civil society to push for comprehensive
media reforms e.g. the law on sedition and publication of false news should be scrapped/
removed from the law books.
 Advertisers/ sponsors should not influence the affairs of the media houses. They should learn
that journalism is a civil educator and a guardian of democracy. Journalists have to report
whatever happens in society including poor quality services by sponsors e.g. MTN, UTL etc.
 Journalism should not be commercialized. Media houses should be more concerned with
advancing quality and adhering to professional code of ethics than making profits which result
into recruitment of unqualified staff.
1.6 JUSTICATIONS/ IMPORTANCES OF MEDIA ETHICS
Strict adherence to professional code of ethics for journalism practice in Uganda will help journalists
in the following ways;
 Avoid unnecessary harm to the public e.g. defamation and at times irreparable harm to people
reporting that Member of Parliament or Ministry corrupt has direct negative impact on their
political careers, such as exposing a minor/victim of defilement or domestic violence such as

burnt fingers because of stealing food would hurt them when they grow up. It also amounts to
double punishment.
 To protect credibility of the media journalists as a profession as well as winning public
confidence and trusting in the media. It is imperative quickly note that reporting lies or
carrying out biased coverage, a journalist risks tarnishing his name and that of the media
institution as well as the profession at large.
 It protects/ strengthens the media’s vital role as watch dogs. This can only be achieved by
journalists taking neutral role and objective position. Adherence ethics means that even a
government owned media institution would provide balanced news and check against
government excesses.
 An ethically sound media helps to check against political excesses there by promoting
constitutionalism and good government and democracy.
 Ethical principles such as objectivityand truthfulness would help the public to make informed
decisions on important matters such as voting investments, shopping etc.
 Ethics promotes quality work and protects the standards of journalism. The public expects
quality work from the media and they have the right to be served by honest journalists, our
readers, voters and listeners deserve the best.
 Promotion of professionalism pattern, way of doing things as well as achieving uniformity and
spirits of oneness, discussing, agreeing and applying standard principles such as against
bribing, deception, democracy, honesty etc.
 Promotes observance of human rights which is a key element in life enjoyment. Justice and
equality prevails whereby journalist development invade peoples privacies, expose those who
mistreat the disadvantaged people etc.
 Promotes a sense of responsibility and checks against excesses in the media i.e. propaganda,
inciting genocide, hate speech, defamation, promoting sectarianism, tribalism etc.
 Improves the ethical and moral reasoning of journalists which helps them to win public
confidence and trust in the society they serve.
 Provides a pattern of how things should be uniformly e.g. fighting against corruption, bribery
etc. is not a one man thing but should be done by all journalists.

1.7 PROFESSIONAL CODE OF ETHICS FOR JOURNALISM PRACTICE IN UGANDA
Media Practitioners in Uganda developed a code of ethics to govern their conduct and as a basis
for adjudication of disputes between them and the public.
Below is the code in full;
PREAMBLE: We, the media practitioners in Uganda are conscious of the central role of the press
freedom in a free and democratic Uganda.
Aware that independent and honorable profession is indispensable to the maintenance of press
freedom.
Recognizing our role in the preservation of democracy in Uganda, aware of our professional
responsibilities requiring us to Manu in highest standards of professional conduct:
Resolve to have this code of Ethics to govern the conduct and practice of all media practitioners’
media owners and media institutions and as a basis for adjudication of disputes between the pres, the
public and government in Uganda by the independent Media Council of Uganda.
1. SCOPE
This code shall apply to media practitioners involved in all stages of sourcing, processing
media content for print, graphic and electronic platforms.
2. PROFESSIONAL INTEGRITY
1.1 A journalist shall assist and participate in establishing, maintaining, enforcing and observing
high standards of conduct so that the integrity and independence of the profession is preserved.
1.2 A journalist shall always identify him/herself and the media house where he/she works. Use of
undercover or subterfuge methods to gain entry into restricted places or access to information
shall be done only as matter of public interest and with the permission of the editor.

1.3 A journalist shall not tape or record anyone without the person’s knowledge. An exception may
be made only if the recording is necessary to protect the journalist in a legal action or for some
other compelling reason.
1.4 A journalist shall not solicit/ accept bribes or any form of investment meant to bend or
influence professional performance. However, facilitation by third parties to enable a journalist
to perform a bonafide assignment in specific situations shall not be deemed as an inducement
provided that the assigning editor sanctions such facilitation.
3. CONFLICT OF INTEREST
This is a situation where a person has competing interests and in trying to pursue his interests
compromises his work e.g. a journalist may be constrained to report about a story where his/her
family member is suspect.
1.5 A journalist shall always declare to the editor nay conflict of interest that arises in the
execution of duty and from such assignment to avoid the conflict.
1.6 A journalist shall endeavor to remain free from associations and activities that compromise
personal integrity or undermines the reputation of the profession.
4. ACCURACY, FAIRNESS AND BALANCE
1.7 A journalist has the responsibility for he accuracy of the information he/she disseminates. The
journalist shall also ensure that such information is fair and balanced. Journalists shall not
indulge in unfair comment, falsification, distortion or misinterpretation of facts.
1.8 A journalist and the employing media house shall endeavor to thoroughly investigate
allegations affecting individuals and institutions before disseminating them.
1.9 In the spirit of fairness and balance, the journalist shall endeavor to seek and include comment
from the affected individuals or institutions in the same story or as quickly as practicable.
Fairness shall also include reporting facts in the proper context. Where the affected party
declines to comment or where the media house genuinely tries but fails to extract a comment,
such position shall be explained in the story published or broadcast.
1.10Whenever it is recognized that an inaccurate, misleading or distorted story has been published
or broadcast, it shall be corrected or clarified promptly without waiting for a complaint to be
raised first.
1.11Corrections should also be reasonably proportional to the error in terms of impact.

1.12Corrections shall be clear and shall carry an apology to affected parties. For purposes of
clarity, corrections shall apply to errors of fact and inaccuracies while clarifications shall apply
to misleading or distorted information.
5. RIGHT OF REPLY
1.13Media houses shall accord aggrieved parties the right of reply to material published or
broadcast about them.
1.14Journalists shall distinguish clearly in their reports between comment, conjecture and fact
News shall remain objective but a journalist may be partisan in commentaries and opinion
pieces.
1.15A comment shall be a genuine expression of opinion relating to fact comment or conjecture
shall not be presented in such a way as to create the impression that it is an established fact.
6. SOCIAL RESPONSIBILITY
a. A journalist shall, in the dissemination of information, bear in mind his/her
responsibility of educating and informing the public on matters affecting them and their
responsibility in society.
The journalist’s responsibility shall include monitoring government and other centers of influence
and power on behalf of the public and this responsibility shall not be abused for whatever reason.
b. A media practitioner shall at all times defend the principle of the freedom of the press
and other mass media by striving to eliminate unjustified news suppression and
censorship.
7. RESPECT FOR PRIVACY AND HUMAN DIGNITY
a. The public’s right to know shall always be weighed vis-à-vis the individual’s right to
privacy.
b. Publications about the private lives of individuals without their consent are not
acceptable except where public interest overrides the right of privacy.
c. It is justified to publish information about individuals where this is for; detecting or
exposing criminal conduct, detecting or exposing seriously ant-social

conduct,protecting public health and safety and preventing the public from being
misled by some statement or action of that individual where such a person is doing
something in private, he/she is publically condemning.
d. Journalists shall seek to understand the boundaries of public and private space. In this
regard, journalists can legitimately report about activities of individuals in a public
place but not in a private environment.
8. LETTERS TO THE EDITOR
a. For purposes of the Code, Letters to the Editor shall include normal letters sent
physically or electronically.
b. An editor who decides to open columns on a controversial subject is not obliged to
publish all the letters received in regard to that subject. The editor may select and
publish only some of the either in their entirely or the gist thereof. The editor shall
however present a fair balance between the pros and cons of the principal issue and
reserve the discussion to decide at which point to close the debate.
c. In case of radio and TV discussion programmes, hosts shall make reasonable effort to
reach out for comments from persons mentioned. Hosts shall also encourage and
balance comments from the audience sent by any of the modern means of interaction.
9. PLAGIARISM
a. No media practitioner shall engage in plagiarism. Plagiarism consists of making use of
another person’s material or ideas without proper acknowledge and attribution of the
source of those ideas or material.
b. Words directly quoted from sources other than the writer’s own reporting shall be
attributed in general, when other work is used as the source of ideas for stylistic
inspiration the final report shall be clearly different from the original work.
c. The editor shall take final responsibility to ensure that published or broadcast content in
stories or programs does not contain plagiarized material and that any borrowed content
is properly attributed to the rightful author.

10.NON-DISCLOSURE OF SOURCES
a. A journalist shall protect the confidentiality of his/her sources of information and shall
only divulge them at the demand of a competent court of law.
b. Journalists shall follow the in house rules and get the editor’s consent before granting
confidentiality. Once such confidentiality has been granted, both the journalist and the
media house shall honor it. It shall be the ultimate responsibility of the editor to ensure
that such protection is granted guaranteed.
c. In order to have the clarity of mind and the confidence, the editor, being the final
editorial authority, shall have liberty to demand of the journalist the sources of the
story. But the editor shall under no circumstance disclose the said sources to a third
party.
d. The editor shall also have the privilege to reject use of any story where he/she doubts
the journalist’s sources.
e. For the sake of the integrity and security of the profession, journalists shall not allow to be
used as police witnesses in the investigation of crime, simply because the journalists
covered the events where such crime was allegedly committed. Such compliance would
erode the trust the public holds in the profession of journalism.
11.INTRUSION INTO GRIEF
a. Journalists shall not intrude into personal grief. Stories and pictures that may aggravate
grief or cause distress to relatives and friends of the dead shall not be published. Any
reports about the dead and gravely ill shall be carried out with utmost discretion and
due sympathy.
b. Journalists and media houses shall not profit from deliberate exploitation of the
misfortune of those afflicted by grief. The media shall also avoid re-use of file pictures
of situations of death and grave illnesses of persons likely to resurrect distress among
relatives and friends.
12.INNOCENT RELATIVES AND FRIENDS
a. The media shall generally avoid identifying relatives or friends of persons convicted or
accused of crime unless the reference to them is necessary for the full, fair and accurate
reporting on the crime or legal proceedings and where such identification adds value to
the story.

b. The media shall generally avoid identifying relatives or friends of persons convicted or
accused of crime unless the reference to them is necessary for the full, fair and accurate
reporting on the crime or legal proceedings and where such identification adds value to
the story.
13.VICTIMS OF SEX CRIMES
a. Media institutions shall not identify victims of sexual assaults or publish or broadcast
material likely to contribute to such identification unless the victims have given
informed consent to such publications.
b. A journalist shall endeavor to explain to the concerned person the implications of such
disclosure. In case where consent is given subject to certain conditions, then such
conditions shall be respected.
c. The journalists need to understand that, ordinarily such publication does not serve any
legitimate journalistic or public need and may bring social opprobrium (public disgrace
and shame) to the victims and social embarrassment to their relatives, family, friends,
community, religious order or the institutions to which they belong.
d. Children shall particularly not be identified as victims however remotely.
14.PROTECTION OF CHILDREN
a. Children shall not be identified in cases concerning sexual offenses whether as victims,
witnesses or defendants.
b. Except in matters of public interest e.g. cases of child abuse or abandonment,
journalists shall not normally interview or photograph children on subjects involving
their personal welfare in the absence of or without the consent of a parent or other adult
who are responsible for their children.
c. Children shall not be approached or photographed while in a formal institution without
the permission of the institution’s authority.

15.CHILDREN IN CRIMINAL CASES
a. Media institution shall not publish or broadcast the names of any underage offenders
(below 18 years) arrested by police or tried in the criminal courts. Where such
identification must be made, the media houses shall explain the overriding reasons that
led to such an editorial decision.
16.PUBLICATION OF ADULTS-ONLY MATERIAL
a. Out of respect to values of common decency, the media shall take extra care when
dealing with adult-only material.
b. A media house which publishes or broadcast adult-only material shall ensure such
material is not accessible to the underage (minors) and shall provide restricted places or
time where willing adults can access such material.
c. Television stations shall also schedule adult movie laterat night when children are in
bed. Such programs shall be properly labeled with appropriate advisories, including in
the TV schedules published in newspapers.
d. Radio stations shall air adults-only programs late at night when children are in bed and
they shall make appropriate promotional advisories to that effect.
17.USE OF PICTURES
a. The media must exercise due caution when using pictures. Choice and use of pictures
should not cause unnecessary harm to persons concerned e.g. exploiting minors and
people with disabilities, special care shall be taken when using pictures of disasters.
b. The use of grisly and grotesque pictures should be avoided except where there is
overriding public interest. Illustrations accompanying stories of adult material shall be
measured both in content and in caption.

18.HATRED
a. Media institutions shall not publish or broadcast material that is intended or is likely to
cause hostility or hatred towards persons on the grounds of their race, ethnic origins,
nationality or political affiliation.
b. Media institutions shall take utmost care to avoid contributing to the spread of ethnic
hatred when reporting events and statements of this nature.
c. Media shall endeavor to regulate and balance debate and discussion of sensitive issues
like corruption, nepotism, favoritism so that they do not degenerate into hate literature.
19.DISADVANTAGED AND MARGINALIZED GROUPS
a. The media shall not publish material that is intended to ridicule or impute ridicule of
persons on grounds of their gender or physical disabilities.
b. The media shall also take steps to ensure that content for publication or broadcast,
including paid-for content, is free of such contemptuous material.
20.COVERING CONFLICTS
a. The media shall exercise a high sense of individual and corporate citizen’s
responsibility when covering conflict and while commenting on sectarian disputes.
Covering conflict shall be done in a manner that is conducive to the creation of an
atmosphere congenial to national harmony amity and peace.
b. News, views and comments shall be backed by facts and measured in language and
tone. But it shall be the responsibility of the media to highlight potential conflicts
before they explode and seek to help society heal wounds after conflict.
21.UNDUE PRESSURE OF INFLUENCE
a. Media owners, publishers and practitioners shall not suppress or distort information
about which the public has a right to know because of undue pressure or influence from
commercial, political or social interest.

22.PAYMENT FOR INFORMATION
a. Media owners, publishers and practitioners shall not publish or broadcast or suppress an
editorial report or omit or alter vital facts in that report in return for payment of money
or for any other gift or reward.
b. This ethic shall however, not apply to advertisements or advertorials. Media houses
shall clearly distinguish between editorial content and advertisements or advertorials.
c. Media owners, publishers and practitioners shall not pay people to act as information
sources unless there is demonstrable public interest value in the information.
23.ADVERTISEMENTS
a. The media shall strive to preserve the sanctity and impartiality of News, as such media
houses shall not allow News bulletins to be sponsored.
b. Journalists shall always be seen to remain independent and shall not dress in corporate
branded wear when presenting programs or covering sponsored events.
HOW DOES THE COUNCIL HANDLE COMPLAINT?
1. Lodging a complaint
1.1 Any person or organization may lodge a complaint regarding ethics against a media house
news agency or individual journalist.
1.2 An organization may submit a complaint on behalf of an individual but must prove that it
has been authorized by the person or organization complaining unless a person is minor or
has been incapacitated.
1.3 The complainant will fill in a complaint form and submit it by hand or email to the offices
of the council or any other officer or organization authorized by the governing board to
receive complaints on its behalf.
1.4 Where applicable, the complainant or his/her agent shall furnish the council with a copy of
the item(s) the compliant is about.
1.5 Verbal complaints or those made through telephone calls will not be accepted.

2. Managing of complaint(s)
2.1 Upon receipt of the compliant, the executive secretary will;
i) Verify whether the complaint is within the mandate of the council.
ii) Record it in the complaints register and immediately issue the complainant
reference.
iii) Verify whether the compliant is clear.
2.2 In case the compliant is not clear, the executive secretary shall endeavor to contact the
complainant for more information.
2.3 Upon studying the complaint, the executive secretary shall forward it to the chairperson of
the ethics committee to determine if it merits adjudication or not.
2.4 Where a complaint does not merit adjudication, the executive secretary will communicate
to the complainant at the earliest time possible, stating the reasons why the complaint does
not merit adjudication.
2.5 If the complainant is not satisfied with the reasons given, matter will be refused to the
ethics committee of the council for consideration.
2.6 For a complaint which deserves adjudication, the secretariat will write to the respondent
drawing their attention to the complaint and requesting them to resolve the matter amicably
outside the council adjudication.
2.7 The executive secretary will avail the complainant with a copy of correspondence.
2.8 The respondent must respond within one week of the receipt of letter from the council
indicating whether they would resolve the matter outside the council adjudication or not.
2.9 The reply from the respondent will be forwarded to the complainant as soon as possible.
3. Handling a compliant
3.1 When the two parties fail to agree to settle the matter outside the council, the executive
secretary will prepare a summary on the matter, append the relevant correspondences and
forward to the ethic committee with a proposed date of adjudication.
3.2 The executive secretary may make recommendations on the decision the ethics committee
may take.
3.3 The executive secretary will as soon as possible inform both parties in writing when, where
and at what time the adjudication session will take place.

3.4 The ethics committee will as soon as possible but not later than 14 days on receipt of the
summary adjudicate on the matter.
3.5 The adjudication session will be public except in special circumstances as the council may
determine.
3.6 Legal representation in the adjudication process will not be allowed.
4. DECISION OF THE ETHICS COMMITTEE
4.1 If the ethics committee is satisfied that;
i) The journalism code of ethics was breached; it will declare that the respondent
breached the code of conduct.
ii) The journalism code of ethics was not breached; it will declare that the respondent
did not breach the code of conduct.
iii) The journalism code of ethics was breached; it may criticize the respondent for
breaching the code of conduct.
5. PUBLICATION OR BROADCAST OF THE DECISION OF THE ETHICS COMMITTEE
5.1 In case of a breach of the journalism code of the ethic, the respondent will be required to
print/broadcast/telecast the decision of the council a statement of which will be issued by
the secretariat at the end of the adjudication session.
5.2 The respondent will be required to accord the councils’ statement the necessary
prominence.
5.3 Where it is found that the respondent did not breach the journalism code of ethics, the
respondent will be no under obligation of print/broadcast/telecast the decision of the ethics
committee.
5.4 The decision of the council shall not be used as evidence in courts of law. Some of the
material in this booklet has been adopted from: Imperfect freedom. The case for self-
regulation in the Common Wealth Press and Eastern Africa Media Institute-Uganda chapter
report of the media law reform committee on non-statutory media council.

CHAPTER II: MEDIA LAW
2.0 THE IDEA OF LAW/ CONCEPT OF LAW
According to Cicero, law is the highest reason implanted by nature which prescribes those things
ought to be done and forbid the contrary.
Black Stone defined law as a rule of civil conduct prescribed by the supreme power of the state
commanding what is right and prompting what is wrong.
Therefore law is a set of rules and regulations which govern or regulates woman conduct in all spheres
of life.
2.1 MEDIA LAW
Media law is a set of rules, principles and regulations which govern the media both print and
electronic. Media law is an area of law which covers media communications of all sorts and sizes.
There are three general areas of interest with in media law. The first is print media, including
telecommunication newspapers, magazines, print advertising and so forth. There is also
telecommunication including radio, television broadcasting and lastly digital communications and
internet.
2.2 WHY DO WE STUDY MEDIA LAW?
Rationale for media law
As a journalist, there are two main reasons why you need to learn about the law.
The first is that there are legal rules which affect what you can and cannot publish and clearly you
need to know what these are.The second is that the law and legal proceedings will often form part of
the subject matter of the stories you write. This is most obviously the case on local papers where
reporting the local courts is an important part of the news coverage but legal issues and court cases are
also covered by national papers, TV and radio, women’s magazines and the trade press, even if not
always to the same extent. For that reason, you need to have a basic knowledge of the legal system and
how it works. That forms the subject of this chapter while later chapters look at how the law will affect
you in your daily work.

 To know/learn about the offenses and crimes which journalists may commit while carrying out
their work e.g. sedition, incitement to violence, invasion of privacy, contempt of court,
defamation, violation of copyright law etc.
 To know the procedures relating to enrollment of journalists in Uganda.
 To know the professional bodies charged with duty of regulating the media activities e.g.
Media Council, National Institute for Journalists in Uganda, UBC etc.
 To know the rights and obligations of the media e.g. freedom of speech and expression, right to
access information etc.
 To protect human rights e.g. not invade people’s privacy.
 To know the hierarchy of court systems in Uganda and how they operate.
 To know the legal frame work of media in Uganda e.g. the Press and Journalist Act cap 104,
the Electronic Media Act 104 etc.
 To know both civil and criminal cases which the media/journalists can commit e.g. defamation,
trespass etc.
THE LAW AND LEGAL SYSTEM
The seven (7) Sources of law are:
i) The constitution
ii) Statutes/ Acts of Parliament
iii) Delegated legislations
iv) Case law
v) International treaties
vi) Custom
vii) Equity
i) The constitution
This knows the supreme of the land all other laws including statutes/Acts of Parliament,
Customs must be in with it and those that contravene it are null and void.

ii) Statute
Statutes are laws passed by Parliament and are also known as Acts of Parliament. They
take precedence over any other type of law, except the constitution which is a supreme law
of the land. Constitutional court can make or cancel any law it chooses and the courts must
apply that law. This is not the case in many other countries such as the USA, Uganda,
South Africa etc. where the courts can refuse to apply legislation that they consider goes
against the country’s constitution.
HOW ACTS OF PARLIAMENT ARE PASSED
The Bill stage: all statutes start out as a Bill which is essentially a proposal for a new law or a change
in the law.
There are three types;
 Public Bills
These are put forward by the Government and form the basis for most legislation. In many
cases, a consultation document is published. The Government explains why it is looking at the
law in a particular subject area and gives general details of the options they are considering.
The government then invites anyone who might be affected by the plans to give their views on
the proposals.Pressure groups in the relevant area will usually give a response for example but
the paper may also ask for views from ordinary members of the public who are likely to be
particularly affected by a change in the law for example if considering changes to particular
areas of the welfare services, responses might be invited from users of those services and
charities who work with people using the services. The Government can then choose which if
any of the views expressed should influence the final content of the Bill. Usually, it will
produce a Bill which details the conclusions it has come to after the consultation process.
-
 Private members’ Bills
These are put forward by an individual Member of Parliament (MP) who is not a Cabinet
member. Pressure on parliamentary time means there are only limited opportunities to do this
and around half of Private Members’ Bill come from a ballot, held once each Parliamentary
session for the chance to put forward a Bill. Members who get this chance then have to
persuade the government to allow sufficient parliamentary time to get the Bill passed. This

rarely happens and as a result Private Members’ Bills are more useful as a way to draw
attention to an issue, which may later be taken up in a Public Bill than they are as a way to
change the law straight away. Some important legislation has been made this way, however the
anti-homosexuality bill for example was tabled as a Private Members’ Bill.
 These are put forward by individuals, local authorities or companies and essentially concern
specific local issues e.g. child trafficking, child sacrifice etc.
The title of the Bill is read to the House/Parliament to notify the House of the proposal. The proposals
are debated by the House and amendments may be suggested and voted on MPS then vote on whether
the Bill should go on to the next stage.
Committee stage: The bill is referred to Parliamentary Legal Committee, which will scrutinize it in
detail and may make further amendments.
Report stage: The Committee reports back to the House and any amendments are discussed and voted
on.
Third reading: the Bill goes back to the House for a vote on whether to accept or reject its proposals.
Presidential Assent: The final stage is for the President to give his consent to the new law (in
practice, this is never refused).
The Bill then becomes an Act of Parliament, though this does not necessarily mean that all or even any
of its provisions take effect immediately. The Act may specify future dates when particular provisions
take effect or allow the government or a particular minister to decide when thus should happen. In
some cases, elements of an Act may never actually come into force.
iii) Delegated legislation
Some types of legislation require very detailed rules, often of a technical nature; examples would
be the law on health and safety at work or the enormous number of road traffic provisions. Rather
than using up Parliamentary time making these detailed rules, Acts of Parliament often create a
framework for the law on a particular issue, putting general rules into place without necessarily
specifying exactly how they should work in particular situations.

Acts drawn up in this way will include provisions for who should make the detailed rules – usually
a government department or local authorities. These rules are known as delegated legislation (or
sometimes secondary legislation) and there are three types;
 Statutory Instruments are drawn up by government departments especially
ministry.
 By- laws are made by local authorities, public bodies for example rules on what can
and cannot be done in a specific park will usually be made in the form of by-laws
drawn up by the local authority.
 Orders in council are regulations which are made by the government at a time of
national emergency (such as in war time).
Delegated legislation is also used where rules may need to be changed quickly in response to
circumstances and the Parliamentary procedure is considered too slow-moving and cumbersome to
cope with these demands or where local knowledge is required to make the detailed rules (local by-
laws are examples of this). Whatever the reason, delegated legislation carries as much legal force as
statutes themselves.
iv) Case Law
Case Law (sometimes called common law) comes from the decisions made by judges in certain
legal cases. The courts are arranged in a hierarchy and its decisions made in the higher courts
(from the High Court up) which can make law through a system called Judicial Precedent. Cases
reach these courts through a system of appeals which provides a route for parties who believe their
case has been decided wrongly in the lower courts to take them to higher courts. In most cases,
permission is required for such appeals which ensure that the higher courts mostly hear cases
which raise important issues of law.
Deciding a case involves two stages;
First establishing what actually happened (often referred to as the facts of the case) and second
deciding how the law applies to the facts. In many cases, the latter will be obvious but there are
situations where the law is unclear. For example, if a statute states that ‘vehicles shall not be
allowed in parks’, it is obvious that you cannot drive a car or van round the park but you can ride a
pushbike or use a skateboard. Where these dilemmas arise, it is up to the court deciding the case to

determine what the words of the statute actually mean. When a higher court does this, the decision
forms what is called a precedent.
Once a higher court has set a precedent by interpreting a legal provision in a particular way, that
approach should be followed in all the courts that are lower in the hierarchy and only a higher
court can authorize a different approach.
The idea behind case law is that justice requires that like cases be treated alike, once a court has
decided what a statutory provision means and/or how it applies to a particular set of facts, later
cases with similar facts should be treated in the same way, rather than each judge interpreting the
law according to their own sense of justice. For example, if the imaginary case referred to above
went to the Supreme Court and it decided that for the purposes of the legislation, a skateboard was
a vehicle; other courts faced with cases involving skateboards used in parks would be expected to
take the same view. Case law accounts for a huge proportion of English Law, for example the law
of negligence which essentially creates the right to sue for loss or injury caused by someone else’s
carelessness is almost exclusively a creation of case law.
v) International treaties
In many countries, signing an international treaty automatically incorporates the provisions of the
treaty into the law within that country. In the UK, however, Parliament has to turn the provisions
into legislation e.g. if countries ratify (signs) international treaties, then they are bound to apply
such treaties e.g. UDHR, ICCPR, ICESR.
vi) Custom
When English law was in its early stages the decision on whether something was or was not lawful
would often be influence by traditional local practice- if a landowner attempted to stop people
taking firewood form his forests for example local people might argue that having been allowed to
do so for many years effectively gave them a right to continue, even if such a right conflicted with
the general law. These days custom can theoretically still play a role in such decisions but in
practice it arises extremely rarely.

vii) Equity
Historically, equity was a system of rule which grew up in parallel to the common law to fill perceived
gaps where justice could not be achieved by using the common law. For example at one time, the
common law provided that a person who had been caused loss by someone else could only claim
financial compensation, which was not always an adequate solution to a problem. Equity developed its
own special remedies which could be granted at the court’s discretion, for example the injunction
which is an order to do something or not do something and is used where compensation would not
solve the problem. Equity survives now as a specific branch of law, largely concerning the ownership
of property but equitable remedies especially injunctions are used in many branches of law, including
defamation.
2.3 SOURCES OF MEDIA LAW
 The Constitution of the Republic of Uganda 1995.
 The Penal Code Act cap 120
 The Press and Journalist Act cap 105
 The Electronic Media Act cap 105
 The Access to Information Act 2005
 The Uganda Broadcasting Corporation Act 2005
 The Anti-terrorism Act 2002
 The Copyright and Neighboring Act
 Uganda Communications Commission Act
 The Official Secrets Act
 The Deposit library and Documentation Center Act
2.4 LEGAL TERMINOLOGY
 ACTS Reus i.e. the Act itself
 Mensrea i.e. the intention of the person in a relation to a crime committed.
 Malice afore though i.e. the guilt mind.

 Felony i.e. case committed and carries a sentence of not more than three years.
 Misdemeanor i.e. is an offense committed and carries a big sentence of more than three years.
 Defendant i.e. a person who is called upon in a civil case to defend himself or herself. It can
also be a company, etc.
 Plaintiff i.e. a person or a company that commence/initiates legal action.
 Tort i.e. a civil wrong.
 Complainant i.e. a person who reports a criminal case.
 Accused i.e. a person who is called upon to defend himself in the criminal case.
 Conviction i.e. formal way of court declaring somebody guilty of an offense.
 Liability i.e. a person who is guilty of a crime attorney general.
 Guilt
 Advocate
 Director of public prosecution/state prosecution
 Sentence
 Bench.
2.5 CLASSIFICATION OF LAW/ BRANCHES OF LAW
i) Criminal law. This is a branch which deals with crimes and offenses committed by individuals
against the state/country e.g. rape, defilement etc.
ii) Civil law. It’s a branch of law which deals with disputes between individuals, legal entities like
organizations, etc.
2.6 DIFFERENCES BETEEN CIVIL LAW AND CRIMINAL LAW
Law refers to a set of rules or regulations which govern specific or given community or society. It
aims mainly at regulating moral and ethics of that society.

Therefore civil or private law is concerned with violation of private rights of any individual in his
personal capacity. Examples of civil wrongs may include; breach of contract, commission of a tort,
breach of trust agreement, denial of proprietary rights etc.
Criminal or public law deals with offenses or crimes which affect not only individuals but also the
whole community e.g. defilement, rape, robbery, treason etc. it aims at punishing the offender and
protecting the society.
Criminal law is much better known to laymen than civil law, as a result of journalists’ reports of
famous criminal trials. In talking with people about law, the purpose of this essay is to compare and
contrast criminal and civil law.
Civil law and criminal law are two broad and separate entities of law which separate sets of laws and
punishments.
According to William Geldart, introduction to English law 146, “The difference between civil law and
criminal law turns on the different objects which law seeks to pursue-redress or punishment. The
object of civil law is the redress of wrongs by compelling compensation or restitution: the wrongdoer
is not punished: he only suffers as much as is necessary to make good the wrong he has done. The
person who has suffered gets a definite benefit from the law, or at least he avoids a loss. On the other
hand, in the case of crimes, the main object of law is to punish the wrongdoer; and defer or prevents
from committing the same or similar crimes, to reform them if possible and perhaps to satisfy the
public sense that wrongdoing ought to meet with retribution”.
Civil law and criminal law are two broad and separate entities of law with separate set of law and
punishments. Examples of criminal law include cases of burglary, assault, battery, cases of murder etc.
civil law applies to cases of negligence, breach of contract etc.

2.6.1 DIFFERENCES BETWEEN CIVL LAW AND CRIMINAL LAW
 Civil law deals with the disputes between individuals, organizations or between the two in
which compensation is awarded to the victim. Whereas criminal law also known as penal law
is the body of statutory and common law that deals with crime and the legal punishment of
criminal offenses.
 Under civil law, cases are filled by private party or individuals while in criminal law, cases are
filled by the government on behalf of the victim or by a private person on complaint on oath
but this is rare.
 In civil law, a private party e.g. a corporation or individual person files the lawsuit and
becomes the plaintiff whereas in criminal law, the litigation is always filled by the government,
who is called the prosecution.
 In civil law, a case commences when a complaint is filed by a party, which may be a party
complaining called the plaintiff and the party responding is called the defendant and the
process is called litigation. In civil litigation, the plaintiff seeks legal redress, often in the form
of monetary compensation to the plaintiff. In contrast, in criminal law, the case is filed by the
government, usually referred to as the state and represented by a prosecutor. An individual can
never file criminal charges against another person. An individual may report a crime, but only
the government can file criminal charges on their behalf. Crimes are activities punishable by
the government and are divided into two broad classes of seriousness: felonies having a
possible sentence of more than one year incarceration and misdemeanors having a possible
sentence of one year or less incarceration.
 One of the notable differences between civil law and criminal law is the punishment. In case of
criminal law, a person found guilty is punished by incarceration in a prison, a fine or both, or in
some occasions death penalty. Whereas, in case of civil law, the losing party has to reimburse
the plaintiff the amount of loss which is determined by the judge or magistrate referred to as
damages. Criminal litigation is more serious than civil litigation in that criminal defendants
have more rights and protections than civil defendants who always come from their homes to
attend court.
 In case of criminal law, the burden of proof lies with the government in order to prove that the
accused is guilty i.e. state has to prove beyond reasonable doubt. On the other hand, in case of

civil law, the burden of proof first lies with the plaintiff on balance of probabilities. He who
alleges must prove.
 In criminal cases, there are no costs awarded to the victims or complainants whereas in civil
law, the plaintiff is entitled to costs of the suit and damages which must be paid by the
defendants.
 In civil law, there are no warrants of arrest issued by the courts whereas in criminal law court
can at any stage of the proceedings issue arrest warrants to any party to the proceedings.
 In civil law, court entertains Alternative dispute resolutions (i.e. settlement out of court) while
in criminal law, settlement out of court is minimal especially in capital offenses such as
murder, rape, defilement, etc.
 In criminal law, the accused person has a right to remain silent during questioning/ cross
examination whereas in civil law, silence may amount to acceptance and one required to
answer all the questions posed to him/her.
2.7CRIMINAL CASES
2.7.1 SEDITION
Sedition provided for under sections 39 and 40 of the penal code Act cap 120.
Sedition is an intention to:
a) To bring into hatred or contempt or to excite disaffection against the person of the president,
the government as by law established on the constitution.
b) To excite any person or attempt to procure the alteration, otherwise than by lawful means, of
any matter in state a law established.
c) To bring into hatred or contempt or to excite disaffection against the administration of justice.
The law on sedition was given reception by the colonial masters in order silence the opposition in
Africa. It was intended to suppress those resisting colonial rule. In the process, it limited freedom of
speech and expression granted under article 29 of the 1995 constitution of Uganda.

This freedom of expression extends to principles of democracy and good governance Article 43 of the
constitution provides for what is justifiable in a free and democratic society. In that regard, sedition as
a criminal offense did not survive for long. It was declared unconstitutional by the Constitutional
Court in the case of Andrew Mujuni Mwenda and the East Africa Media Institute vs, Attorney
general constitutional consolidated petitions 2005 and 2006. Where court observes that the law on
sedition contravenes/ contradicts with Article 29(I)(A) of the constitution which provides for freedom
of speech and expression including that of media.
Court further noted that the sedition also is not justifiable in a free and democratic society provided for
under Article 43 of the Constitution.
This law therefore undermines freedom of speech and expression and also undermines the basis for
democrat disagreement. It basically makes it a crime for people to criticize their government.
As a result, the law on sedition was declared redundant i.e. one cannot secure a conviction on it.
However, this law has remained in the law books and government still uses it to intimidate and to
harass journalists.
2.7.2 CRIMINAL LAW (S.179 P.C)
DEFINITION OF LIBEL
Any person who, by print, writing, painting, effigy or by any mean otherwise than solely by gestures,
spoken words or other sounds, unlawfully publishes any defamatory matter concerning another person,
intent to defame that other person, commits the misdemeanor termed as libel.
DEFINITION OF DEFAMATORY MATTER
Defamatory matter is matter likely to injure the reputation of any person to exposing that person to
hatred, contempt or ridicule, or likely to damage any person in his/her profession or trade by an injury
to his/her reputation.
It is immaterial whether at the time of the publication of the defamatory matter the person concerning
whom such matter is published is living or dead.
No prosecution for the publication of defamatory matter concerning a dead person shall be instituted
without the consent of the director of public prosecution.

181. DEFINITION OF PUBLICATION
A person publishes a libel if he causes the print, writing, painting, effigy or other means by which the
defamatory matter is conveyed to be so dealt with, either by exhibition, reading, recitation, description,
delivery or otherwise, that the defamatory meaning therefore becomes known or is likely to become
known to either the person defamed or any other person.
If not necessary for libel that a defamatory meaning should be directly or completely expressed, and it
suffices if such meaning and its application to that person alleged to be defamed can be collected
either from the alleged libel itself or from any extrinsic circumstances or partly by the one and partly
by the other means.
182. DEFINITION OF UNLAWFUL PUBLICATION
Any publication of defamatory matter concerning a person unlawful within the meaning of this chapter
unless the matter is true and it was the public benefit that it should be published; or it is privileged on
one of the grounds mentioned in this chapter.
183. ABSOLUTE PRIVILEGE OF DEFAMATORY MATTER
1) The publication of defamatory matter is absolutely privileged and no person shall in any
circumstances be liable to punishment under this code in respect of such publication, in any of the
following cases;
 If the matter is published by the president, the government or parliament.
 If the matter is published in parliament by the government or by any member of that
parliament or by the speaker.
 If the matter is published by order of the president or the government.
 If the matter is published in the course of any judicial proceedings by a person taking part in
them as a judge magistrate, commissioner, advocate, assessor, juror, witness or party to the
proceedings.
 If the matter published is in fact a fair report of anything said, done or published in parliament,
or

 If the person publishing the legally bound to publish it.
2) Where a publication is absolutely privileged, it is immaterial for the purposes of this chapter
whether the matter is true or false and whether it is or not known or believed to be false and
whether it is or is not published in good faith; but nothing in this section shall exempt a person
from any liability to punishment under any other chapter of this code or under any other
written law in force in Uganda.
184. CONDITIONAL PRIVILEGED OF DEFAMATORY MATTER.
The publication of defamatory matter is privileged if it is published in good faith and;
a) If the relation between the parties by and to whom the publication is such that the person publishing
the matter is under some legal, moral or social duty to publish it to the person to whom the publication
is made or has a legitimate personal interest in so publishing it.
b) If the matter published is in fact a fair report of anything said, done or shown in a civil or criminal
inquiry or proceeding before any court; except that if the court prohibits the publication of anything
said or shown before it, on the ground that it is seditious, immoral or blasphemous, the publication
therefore shall not be privileged.
c) If the matter published is a copy or reproduction, or in fact a fair abstract, of any matter which has
been previously published, and the previous publication of which was or would have privileged under
section 183.
d) If the matter is an expression of opinion in good faith as to the conduct of a person in a judicial,
official or other public capacity or as his or her personal character so far as it appears in such conduct.
e) If the matter is an expression of opinion in good faith as to conduct of any person as disclosed by
evidence given in a public legal proceeding, whether civil or criminal, or as to the conduct of any
person as a party, witness or otherwise in any such proceeding or as to the character of any person so
far as it appears in any such conduct as mentioned in this paragraph.

Media Law, Ethics & Human Rights by KATAMU EDDY NEDINANI

Media Law, Ethics & Human Rights by KATAMU EDDY NEDINANI

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