Press Freedom In Uganda Under Siege, Why The Observer Was Targeted – Male Deogratius

On May 8, 2024, the Uganda Media Council Chairperson, Mr. Paul Ekochu, issued a summons to The Observer’s Editor, demanding their appearance before the Council’s disciplinary committee on May 20, 2024. This summons, predicated on Section 9 of the Press and Journalist Act (Cap 105), concerns a May 8 article titled “MPs Bribed to Save Government Agencies” (Vol. 19, Issue 017). The Council alleges that the article undermines the sanctity and integrity of Parliament. Additionally, the Council accuses The Observer of failing to register its Editor’s particulars, a supposed criminal offense under Section 5 of the same Act.

The Flawed Foundation of Media Regulation

The Uganda Media Council is responsible for registering journalists and enforcing compliance with the Press and Journalist Act. However, its authority is fundamentally compromised. The Ministry of Information and Communications Technology (ICT), which oversees the Council, has failed to adhere to the legal requirements of the Act, rendering the Council’s current form and function illegal.

Despite its mandate, the ICT Ministry has neglected the welfare of journalists, instead focusing on punitive measures. The recurring exploitation of journalists by employers remains unaddressed, perpetuating a cycle of poor working conditions that hinder ethical journalism. The very foundation of independent journalism—adequate welfare—remains an unanswered question.

The Press and Journalist Act of 1995 was enacted with the ulterior motive of undermining the Uganda Journalists Association (UJA), which had been regulating the journalistic landscape since 1963. The Act’s implementation was met with resistance and rejection by journalists due to its numerous anomalies. Consequently, the Act remains on the books but is largely unenforceable in practice.

The Uganda Media Council’s authority to register journalists was definitively challenged in a January 14, 2021 High Court ruling. This ruling resulted from a petition by the Centre for Public Interest Law (CEPIL) and journalists from the Editors Guild against the Attorney General for the Media Council. The petition was a response to a December 2020 directive by then Deputy Inspector General of Police, Maj. Gen. Paul Lokech, which stated that journalists without Media Council press cards would be barred from covering the 2021 general elections.

The Court declared the Media Council’s registration of journalists illegal without an operational National Institute of Journalists of Uganda (NIJU). NIJU, a creation of the flawed Press and Journalist Act, has been defunct since its inception. The trial judge, Her Lordship Esther Nambayo, emphasized that without NIJU, the Media Council’s actions were beyond its mandate. The Court issued a permanent injunction against the Media Council’s illegal directives.

The Current Crisis

Given this legal context, the Uganda Media Council’s summons to The Observer is not only legally dubious but also potentially contemptuous of court. How can The Observer be penalized for failing to comply with an illegal and nonfunctional registration process?

This situation raises critical questions: Is the Council’s intervention an attempt to suppress critical journalism? Is this part of a broader strategy to gag the press and stifle dissent? The Observer’s article exposing bribery in Parliament is a vital piece of journalism that holds power accountable. Such reporting is essential for a healthy democracy and should be protected, not persecuted.

The resilience of Uganda’s journalists in the face of such challenges is a testament to the enduring power of the pen. The adage “The pen is mightier than the sword” remains true. Journalists must continue to hold the line against attempts to curtail press freedom. The international community, media organizations, and human rights advocates must stand in solidarity with Ugandan journalists, ensuring that press freedom is upheld and protected.

The struggle for press freedom in Uganda is a battle for truth and accountability. It is a fight against corruption, abuse of power, and the erosion of democratic values. The Media Council’s actions must be met with unwavering resistance to ensure that the press remains free to perform its essential role in society.

The Observer, and all journalists dedicated to uncovering the truth, must continue their work with courage and integrity, knowing that their efforts are not in vain. The fight for press freedom is a fight for the soul of the nation, and it is a fight that must be won.