By Diana Nandudu |
Online platforms have become essential for journalists across the globe. The digital era has provided journalists with unprecedented tools to gather, produce, and disseminate information in real time across borders. Social media, news websites, blogs, and data repositories are now key components of journalistic work, offering avenues for civic engagement, investigative reporting, and audience interaction. However, as online spaces become essential to the journalistic profession, threats such as restrictive laws, state and non-state harassment, surveillance and spyware and technology facilitated gender based violence are eroding journalists’ safety. They are shrinking safe space for reporting and have a chilling effect on press freedoms across the region.
The Legal and Policy Frameworks
The legal framework on press freedom in Uganda is embedded in numerous laws and regulations. Article 29 (a) of the Constitution of Uganda provides for freedom of speech and expression which shall include freedom of the press and other media Article 41 (1) guarantees every citizen’s right of access to information in the possession of the State or any other organ or agency except in cases of national security or state sovereignty and interference with the right to the privacy of any other person.
Uganda is also party to several international and regional instruments that guarantee freedom of expression. Notable of these is Article 19 of the Universal Declaration of Human Rights (UDHR), Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 9 of the African Charter on Human and Peoples Rights (ACHPR). Although both the Constitution and international instruments protect and promote press freedom, they also prescribe limitations to their exercise in matters of national security or public morals.
Contrary to the constitution, and the obligations set under the numerous treaties that it is party to, Uganda has severally enacted laws and regulations that undermine the enjoyment of press freedoms. These laws have been used to weaken as opposed to promoting and protecting press freedom in Uganda.
How the Laws Affect Digital Space for Journalists
The Penal Code, Cap 128 in section 162 and 38 criminalizes libel and the promotion of sectarianism, which are punishable with lengthy prison terms. While these provisions do not specifically refer to online expression, they could be applied to digital communications.
In 2017, Parliament passed the much-criticized Uganda Communications (Amendment) Act Cap. 1282016 The Act amended Section 89(1) of the Uganda Communications Act Cap.103, removing the requirement that Parliament approve regulations proposed by the Ministry for Information and Communication Technology and National Guidance (ICT ministry). The change effectively eliminated the system of checks and balances that regulated the ICT minister’s supervision of the communications sector.
In October 2022, the parliament passed the Computer Misuse (Amendment) Act 2022, despite criticism that the Act violates numerous rights, including free expression and access to information. The Act under section 27 prescribes a penalty of up to a fine of UGX 15,000,000 (USD4220) or seven years’ imprisonment for sending or sharing unsolicited information, sharing unsolicited information. In 2022, the Human Rights Network for Journalists-Uganda and 13 others in a matter which is still before the courts challenged the law arguing that it violates free speech and expression. Furthermore, CIPESA, a civil society organization focused on ICT policy in East and Southern Africa, voiced concerns that provisions related to the spread of unsolicited or malicious information could be used by the government to limit free speech and impose heavy penalties on government critics.
Section 25 (now repealed) of the Computer Misuse Act, was contentious and was used by the state to curtail free speech among journalists in Uganda. Section 25 criminalized “offensive communication,” stating that “any person who willfully and repeatedly uses electronic communication to disturb or attempt to disturb the peace, quiet, or privacy of another person…commits a misdemeanor.” Fortunately, the section was annulled in Andrew Karamagi and Another vs. Attorney General of Ugandaon grounds that it was overly broad, vague, and in violation of constitutional freedoms of speech.
In the lead judgment of Kenneth Kakuru JA (as he then was) he held that:
“I find that the impugned section is unjustifiable as it curtails the freedom of speech in a free and democratic society. Secondly, Section 25 of the Computer Misuse Act does not specify what conduct constitutes offensive communication. To that extent, it does not afford sufficient guidance for legal debate. Thirdly, it is vague, overly broad, and ambiguous. Therefore, I find that the impugned section is inconsistent with and/or in contravention of Article 29 of the Constitution, Article 19(2) of the International Covenant on Civil and Political Rights and Article 9(2) of the African Charter on Human and People’s Rights…The enforcement of Section 25 of the Computer Misuse Act No. 2 of 2011 is hereby stayed”.
This judgment was seen as a victory for journalists and advocates of free speech, as the law had previously been employed to silence critics and political opponents. Despite this ruling, the Computer Misuse Act continues to impose restrictions on press freedom, particularly following amendments made in 2022 that remain in force.
According to the Human Rights Network for Journalists-Uganda, by the time the section was annulled, seven journalists had been charged in court. All the cases were however dismissed for want of prosecution.
That said, regional human-rights bodies and pan-African instruments have reaffirmed protection for media freedom. The African Commission and other regional actors continue to emphasise that freedom of expression and access to information are fundamental to democracy and must be protected online as well as offline. These instruments provide an important normative basis for challenging abusive laws and practices at national level.
Online violations by the state and individuals
In Uganda, journalists are subjected to online rights violations by both state actors and individuals, threatening their safety and undermining press freedom. The state has employed measures such as internet shutdowns, digital surveillance, and the enforcement of restrictive laws like the Computer Misuse Act to target journalists who publish critical content. Individuals perpetuate abuses including cyberbullying, hacking of social media accounts, doxxing, and tech-facilitated gender-based violence, with female journalists disproportionately targeted. These actions create a hostile online environment that fosters fear, promotes self-censorship, and limits the ability of journalists to operate freely and independently in digital spaces.
In the backdrop of the COVID-19 pandemic and the 2021 general elections, the Ugandan government implemented stringent surveillance protocols while intensifying existing restrictions on free expression. This crackdown became particularly conspicuous after a cohort of Ugandan investigative journalists received notifications that their devices had been compromised by Pegasus, a spy software enabling operators to extract messages, photos, emails, record calls, and clandestinely activate microphones and cameras. This software is attributed to the Israeli spyware firm, NSO Group, which officially supplies the Pegasus software to military, law enforcement, and government intelligence agencies for the purpose of targeting criminals and terrorists. However, multiple reports surfaced indicating the use of the software against politicians, journalists, and activists. Investigative journalist Canary Mugume was among the few who received an alert from Apple, signaling that state-sponsored attackers may be targeting his phone
There is also technology-facilitated gender-based violence (TFGBV) among women journalists.TFGBV is “an act of violence perpetrated by one or more individuals that is committed, assisted, aggravated and amplified in part or fully by the use of information and communication technologies or digital media, against a person on the basis of their gender.”
Female journalists, particularly those working in television are increasingly subjected to online gender-based violence (OGBV). This includes stalking, trolling, defamation, gender-based disinformation, hacking, cyberbullying, and even the dissemination of pornography. In Uganda, a study conducted by researchers Gerald Walulya and Florence Namasinga Selnes titled “I Thought You Are Beautiful: Uganda Women Journalists’ Tales of Mob Violence on Social Media”, revealed that online attacks on women journalists are largely centered on their gender and sexuality. This relentless harassment erodes the confidence of women in the media, deterring them from engaging in critical reporting, particularly on politically sensitive issues.
Mildred Tuhaire, an NBS TV journalist in Uganda was attacked online after conveying results of the 2021 General Elections relayed by the Electoral Commission. She said,
“…I received some abusive comments on twitter and Facebook and ignored them. Shortly thereafter, I started seeing many more comments directed at my personality. I saw memes of myself, and in some cases my pictures were edited to make me look beastly. I saw people directly attacking me and alleging different kinds of things about me. At one point they alleged that I was involved in an accident in Kamwokya area and that I had been beaten by a mob following the incident. All this did not move me, but I got extremely worried and concerned when the comments descended into character assassination. People were alleging that I slept with my boss to get favors at work. At this point it got personal for while it is okay to criticize the way I execute my job, it’s extremely unfair to make such false and baseless allegations just because I read a news item that you don’t like.”
This incident illustrates how online violations against journalists in Uganda can escalate from professional critique to personal harassment and defamation, with female journalists particularly vulnerable to gendered attacks. It underscores the need for stronger legal protections, digital security measures, and public awareness to safeguard journalists and enable them to work without fear of harassment or reputational harm. Some of the measures aimed at addressing the root causes and gaps include:
- Amendment of laws by Parliament to expunge all provisions that unjustifiably criminalize legitimate online expression such as those in the Computer Misuse Act, Penal Code Act and Uganda Communications Act.
- State, government and private actors’ compliance with Constitutional and International standards on freedom of expression.
- Civil society organisations should provide training, tools and support for journalists to protect their devices, accounts and data against state and non-state surveillance, hacking and spyware attacks like Pegasus.
- The government in partnership with the media houses and civil society organisations should implement targeted policies, reporting mechanisms and protective measures for female journalists who face online harassment, cyberbullying and gendered attacks.
- The Government, media and civil society organisations should educate citizens about responsible online behavior, the consequences of online harassment and the importance of protecting journalists’ online spaces.
- The government and all other sector players should use regional instruments (ACHPR, Declaration of Principles on Freedom of Expression in Africa) and international standards (UDHR, ICCPR, UNESCO Guidelines) as normative frameworks to challenge abusive laws and promote press freedom online.