HRNJ

UGANDA
HUMAN RIGHTS NETWORK FOR
JOURNALISTS - UGANDA
In Defence & Promotion of Freedom of Expression, Information & Media
Freedom
17
th
October 2014
Press statement: For immediate release
Criminal defamation must be outlawed in Uganda
Human Rights Network or !ournalist"#ganda $HRN!"#ganda% is dee&l' saddened b' the sentencing
o a (entral )roadcasting *er+ices $()*% radio ,ournalist Ronald *sembuusi on this 17
th
da' o
October- 2014 b' .alangala /agistrate0s (ourt1 *sembuusi has been ordered to &a' a ine o one
million shillings $#23400- 000" to court and #23400-000" to the com&lainant% within one month
rom toda' or ser+e a ,ail term o one 'ear1 5his is ater the 2rade 1 /agistrate6 .enneth 2imugu
con+icted *sembuusi o criminal deamation on October 7
rd
2014 ater two 'ears o trial1 5he
sentence comes ,ust a da' ater *sembuusi was discharged rom /engo hos&ital where he was
admitted on 10
th
October 8the +er' da' he colla&sed outside o the HRN!"#ganda oices in
.am&ala due to his ailing health situation1
On 07
rd
9ecember 2012- *embuusi was charged with criminal deamation contrar' to section 17:
and 1;0$1% o the Penal (ode <ct or re&orting a stor' on ()* radio on 17
th
No+ember 2011 to the
eect that the ormer .alangala =( 4 chairman 9aniel .ikola was being in+estigated in connection
with the disa&&earance o solar &anels donated to .alangala district b' the <rican 9e+elo&ment
)ank to &um& clean water in the area1
5his con+iction and sentencing has ham&ered *sembuusi- at onl' 24 'ears- in earl' stages o his
career with a criminal record that ma' &reclude him rom &racticing his ,ournalism &roession
without ear6 and is likel' to shun critical re&orting1 He is humiliated- his image has been &olluted a
criminal and his dignit' eroded because he raised a news stor' o &ublic concern on the
mismanagement and misa&&ro&riation o &ublic resources as well as the conduct o leaders o
.alangala district1 HRN!"#ganda is determined to assist *sembuusi to o+ercome this shame b'
a&&ealing against this con+iction and the sentence1 >e ha+e +er' ertile grounds or a&&eal- and we
belie+e that the High (ourt will o+erturn this ,udgment1
HRN!"#ganda is disturbed that criminal deamation remains on our law books and continues to be
used to silence critical re&orting1 ?t remains a huge obstacle to media reedom as enshrined in our
(onstitution6 it inhibits the media0s role as watchdog or the societ'1
(riminal deamation has recei+ed wide resentment around the world6 unortunatel' or #ganda0s
case- a &anel o i+e (onstitutional (ourt ,ustices led b' !ustice *te&hen .a+uma u&held that the
oence is @Aa saeguard against the inringement o a &erson0s re&utation1B
5he <rican (ommission on Human and Peo&les0 Rights- in No+ember 2010 &assed a resolution
stating that: @criminal deamation laws constitute a serious intererence with reedom o eC&ression
and im&edes on DsicE the role o the media as a watchdog- &re+enting ,ournalists and media
&ractitioners to &ractice DsicE their &roession without ear and in good aith6B 5he (ommission
called u&on *tate &arties to re&eal criminal deamation laws because the' im&ede on reedom o
s&eech1
Plot 18, Block 12 St!"#$ Ro$% K$&$!'$ T#($!)l *o!
P+O+BO, -1.1/ 0lock To1# K$23$l$-U)$!%$
Tl4 5267-/1/-2-28./, 5267-/1/-
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5he <# *&ecial Ra&oteur on Freedom FC&ression and <ccess to ?normation- Pans' 5lakula has
noted that: @criminal deamation laws are nearl' alwa's used to &unish legitimate criticism o
&owerul &eo&le rather &rotecting the right to re&utation1B 5he Pan <rican Parliament has called
u&on <rican leaders to sign onto the 9eclaration o 5able /ountain- which calls or the re&eal o
criminal deamation laws across <rica1 ?n <&ril 2014- the constitutional court o Gimbabwe nulliied
criminal deamation stating that: @the oence o criminal deamation constitutes a dis&ro&ortionate
instrument or achie+ing the intended ob,ecti+e o &rotecting the re&utations- rights and reedoms o
other &ersons1 ?n short- it is not necessar' to criminaliHe deamator' statements1B
?n 200:- the #nited .ingdom abolished criminal deamation entirel' rom their legal s'stem1 >e
thereore want the ollowing6
11 ?n light o the abo+e- HRN!"#ganda has decided to make all eorts to ha+e this &articular
law eC&unged rom #ganda0s law books1
21 >e call u&on the #gandan Parliament to re&eal this law o criminal deamation because it0s
a claw back to the reedoms as enshrined in the (onstitution and other regional and
international treaties to which #ganda is a &art'1
71 >e also call u&on the ?ns&ector 2eneral o 2o+ernment $?22% and the ?ns&ector 2eneral o
Police $?2P% to commission in+estigations into the disa&&earance o solar &anels in
.alangala district or our consecuti+e times and bring the cul&rits to book1 >e should
remember that on !une 11
th
2010- the Permanent *ecretar' /inistr' o >ater and
Fn+ironment wrote to the (lerk- .alangala 5own (ouncil- alluding to lack o eecti+e
management o+ersight and thet o solar &anels in the district1
?n a democratic societ' accountabilit' is an essential tool in assessing rule o law1 #gandans ha+e a
collecti+e res&onsibilit' to hold their leaders accountable1 <n eC&lanation rom a &ublic oicial is
the least eC&ected- howe+er i a leader res&onds to &ublic inIuiries- and legitimate concerns b'
instituting criminal &rosecution- it diminishes the rule o law and undermines democrac'1 5he time
has come or this countr' to do awa' with criminal deamation- which &ublic oicials ha+e resorted
to as a sword to &ersecute- silence and ban accountabilit' demands rom citiHens1
5oda'- HRN!"#ganda announces its resol+e to ight the law o criminal deamation and calls on all
stakeholders to ,oin in this ight1
=ets unite in deence o media reedom and ,ournalist0s rights
ROBERT SSEMPALA,
NATIONAL COORDINATOR.