References: Article (Article 29(1) (a)) of the Constitution of Uganda states that every person has a right to freedom of expression, and this includes freedom of the press and other media.

Section 2, Press and Media Act, 1995

Peer Review Comments: Yes, in law media freedom is guaranteed to all political parties, religions, and ideologies.

Peer Review Comments: For the most part, journalists, especially those who work for newspapers, operate with the necessary freedom. However, because most journalists fear they may be targeted for critical reporting, there is a tendency for self-censorship.

Due to this, any statements are sometimes thought to aid the opposition. It is no wonder the media has on several occassions been accused of aiding the opposition.

Several journalists were frequently summoned to the criminal investigations department for their stories. At a much broader level, the increased cracking down of legitimate political activities such as political rallies "deemed detrimental to the sitting NRM government".

I think it is a deliberate move to crack down on the freedom of speech. Further more, the government still uses Section 50 of the Uganda Penal Code on Publication of False News. Laws on civil defamation continue to restrict freedom of speech and expression in Uganda.

References: Article Article 29(1) (a)) of the Constitution of Uganda states that every person has a right to freedom of expression and this includes freedom of the press and other media.

Peer Review Comments: Much as freedom of speech is provided for in Uganda, it is often curtailed by some codes; for example, the public service code, which does not allow civil servants to release information; there is also the application of laws on information that could be of national security concern and or relate to sedition.

Peer Review Comments: In the law, the freedom of speech is guaranteed.

Peer Review Comments: Yes, there is freedom of speech, but it is a challenge for the main opposition leaders to find media outlets where they can air their views particularly radio stations. Quite often, the president of the main opposition party, Dr. Kiiza Besigye, has been barred from appearing on radio stations; for example, Radio West, in Kasese in the north, was interrupted just as Besigye was arriving at the station to air his views.

Peer Review Comments: Whereas the freedom of speech is guaranteed by law, there has not been justice in the administration of the same to the enjoyment of the populace. Only speeches in support of the interests of government and all the powers-that-be are tolerated, while the reverse will always cause questioning. We have seen may radio stations being closed and some radio and TV owners forced to sack their presenters for hosting programs that are critical to the state, while other people have been banned from holding radio programs on certain radio stations. A case in point is Masindi District Chairperson Stephen Birija who has been banned for the last two years from holding any radio talk show on Masindi Radio, while CBS Radio has been closed since the Kampala riots. All these acts are deliberate attempts to curtail freedom of speech.

Peer Review Comments: While such freedom is guaranteed by law, the government does its best to undermine it. For example, talk-show discussions where ordinary Ugandans could weigh in -- they were called Bimeeza -- have since been banned. The authorities pretend to know what is good and bad for the country, and what constitutes responsible speech.

Since the liberaliztion of the media in the 1980's after the NRM bush war, there are less barriers to forming a print media entity. The barriers that exist are the maintenance of what people have called oppressive laws against the media such as the law on publication of false news, which is currently being contested by Onyango Obbo and Andrew Mwenda in the consitutional court. Other hinderances include the criminalization of defamation. Such laws discourage people from forming media entities.

References: Interview with journalist of New Vision ,who preferred to remain anonymous, Aug. 14, 2009, Asuman Bisiika, Press freedom in Uganda: Myth or reality? Published on Dec. 26, 2008 on ugpulse.com, Press and Journalists Statute, 1995

Peer Review Comments: The government does not create barriers to form a print media entity. But journalists have to guard against publishing "seditious" and false news.

Peer Review Comments: Much as there are impediments to survival of the print media, I would give this indicator 100 because any person or group of persons is free to create a media entity. The barriers may only depend on the nature of the news being produced. If the products are seen to be in support of the opposition, then the proprietors and journalists may face challenges.

Article 34 of the statute details the appeals to the High Court; and states that (1) A journalist or complainant aggrieved by the decision or order of the committee may appeal against the decision or order to the High Court within 14 days from the date which the report of the committee was delivered to that journalist or complainant. (2) An appeal made under this section shall be: (a) Made by petition in writing under the hand of the journalist or complainant, and (b) Heard and decided upon by a judge of the High Court after summary hearing. (3) Where the council suspends a journalist, the journalist shall not, while an appeal is pending under this section, be entitled to practice.

References: The Press and Journalists Act, 1995. Article 10 of the Press and Journalist Act, 1995, gives functions to the Media Council to include arbitration of disputes between the public and the media and the state and the media.

Peer Review Comments: Print media licenses are in the docket of the Uganda Communication Commission. Appeals can also go to the judiciary and parliamentary committee on communication.

Peer Review Comments: Whereas the appeals mechanism is in place in terms of the availability of legal framework, and even when these courts rule in favor of justice, on many occasions the president has accused the members of the judiciary of being corrupt. The government thinks the judiciary is not corrupt when it is ruling in its favor. That is why there have been many deliberated quests by the concerned ministries for change in the laws on media operations.

As a matter of fact, most media organizations start operating without this license and get it later. Apart from this, other delays may be caused by administrative procedures within the the media council.

References: Interview with New Vision journalist who preferred to remain anonymous

www. mediacouncil.org

References: The Media Council ( www.mediacouncil.ug)

Interview with New Vision Journalist who preferred to remain anonymous, Aug. 14, 2009

While people are free to form media entities for as long as they meet the registration requirements, there is no guarantee of their continued stay on the airwaves.

Threat to media freedom continues through the use of charges such as sedition, defamation, and inciting violence. In September 2009, the broadcasting council closed four radio stations and suspended two journalists: Kalundi Serumaga and Peter Kibazo from radio and TV talk-show hosting, respectively. This was for allegedly inciting the public during the recently concluded riots. To date, only one of the closed radio stations (Radio Sapientia) has since been reopened.

References: New Vision, Daily Monitor, The weekly Observer, June 2008 to August 2009

Interview with Official from the Uganda Communications Commission. (Anonymous), Aug. 13, 2009.

Peer Review Comments: There are no barriers. Evidence of this is the ever-growing number of radio stations in Uganda.

Peer Review Comments: There have been no real barriers to forming a broadcast (radio and TV) media entity for the last couple of years. But as the next elections draw closer, some of the media's irresponsibility is drawing more state censorship.

Peer Review Comments: The government will create the necessary barriers if it feels that the proposed entity could threaten its standing with the masses.

References: Electronic Media Act 1996 (establishes the Broadcasting Council consisting of 12 members). Among its duties is arbitration - in case of disputes in the industry. This duty is specifically by the License Issuing.)

www.broadcastug.com (FAQs)

There is a provision that if within one year if the license has not been granted, the process is terminated and one has to start the process again.

References: Interview with official from Uganda Communications Communication, Aug. 13, 2009 (names withheld on request)

This figure is still high and can only be afforded by wealthy or middle-class individuals.

References: www.broadcastug.com ( Uganda Broadcasting Council.)

Peer Review Comments: Obtaining a broadcast (radio and TV) media license is expensive.

References: Media Reports

Peer Review Comments: Yes, actually it is becoming a concern that the government is not controlling publications and Internet information.

References: New Vision, Monitor, Weekly Observer June 2008 to August 2009

Peer Review Comments: The case where Radio Katwe's was scrutinized by the government should be considered along with its current inactive state as an online government medium.

Peer Review Comments: Almost all the newspapers in Uganda are online. Citizens easily access them.

Ethics No. 9 states that a journalist shall not originate or encourage the dissemination of information designed to promote or which may have the effect of promoting tribalism, racism or any other form of discrimination.

Once the information is accurate and does not carry any malicious intent, the law accepts for the reporting of such information

References: The Professional Code of Ethics The Press and Journalist Act 1994 Interview with New Vision Journalist who preferred to remain anonymous, Aug. 14, 2009

Peer Review Comments: Information that could cause a national threat is often cautioned against.

Peer Review Comments: Yes, it is legal, and high-level government officials have quite often been criticized, but when the reports are deemed to be compromising to state security or to be any form of incitement, journalists are penalized.

Some editors publish or edit content based on political pressure or concerns.This influence comes through dismissal, suspension or "errant journalists or editors" in some instances, or through use of charges such as sedition, defamation, and inciting violence. The suspension of two journalists; Kalungi Serumaga and Peter Kibazo from radio and T.V. talk-show hosting, respectively, is a case in point. More recently, it was the dismissal of Mr Mark Walungama as television manager of the Uganda Broadcasting Corporation for sanctioning pictures of armed security personnel clobbering rioters in city streets during the recent riots in Uganda. (Daily Monitor, 2 October 2009).

References: Media Reports ( New Vision, Daily Monitor, The Weekly Observer ( June 2008 to August 2009)

Interview with Journalist from the New Vision, Aug. 14, 2009 (Names withheld on request)

Peer Review Comments: I would give this score 75. For instance, in the cited Buganda incident, the media was forced to apologize. Quite often, the media reports freely on corruption cases.

References: Interview with Journalist, Aug. 13, 2009

The Media (New Vision, Daily Monitor, Weekly Observer articles)

Peer Review Comments: There is a difference between the kind of stories that the government-owned media runs and the kind that private media publishes; for instance, the kind of stories that New Vision publishes versus stories published by the Monitor Newspaper.

References: Press and Journalist Act of 1995

References: Electronic Media Act of 2000 Cap. 104

References: Media Reports (both print and broadcast) Interview with Journalist, Aug. 14, 2009

Peer Review Comments: Training in journalism has been common, but media ethics are still lacking due to journalists' tendencies to sensationalize and also due to media outlets' failure to recruit professional journalists. And so people who only have an interest in writing rather than those with journalism qualifications fill the newsrooms.

Peer Review Comments: Although there is some laxity in adhering to professional ethics (for example, the newspaper Red Papaer) other reporters endeavor to follow professional ethics for fear of retaliation.

Peer Review Comments: Most media houses are owned by lay persons or politicians who will want their employees to deliver according to their aspirations, rather than according to professional standards. Personally, I resigned my job as a station manager because I refused to run unprofessional material that my boss had directed to me because I thought it was defiling the temple of the Fourth Estate. Therefore, most journalists, since they need jobs, are forced to deviate from professional ethics. Additionally, most local journalists are poorly paid and, hence, end up compromising for the sake of survival.

Peer Review Comments: The score is unfair. Mistakes and errors of judgment are often made, but they are not always deliberate. Most newsrooms emphasize professionalism when reporting and editing news.

It is important to note that most media stations (particularly broadcast) are owned by politicians, and these tend to use them unfavorably during elections such as during the recently concluded Rugaba LC III chairperson by-elections held in May 2009. The winner, Mr. Peter Ssematimba, used his radio station Super FM for campaigns.

References: Parliamentary-Executive Relations in the run-up to the 2006 Elections in Uganda, February 2006 monthly report (Christian Michelles Institute and Makerere University)

Media Reports (Broadcast and Print)

Peer Review Comments: I agree with the researcher partly, but it is not true that other candidates from the FDC and the NRM got zero coverage. It is mainly the New Vision that was not covering FDC, but the Daily Monitor tried a lot to cover the FDC and the other candidates.

Peer Review Comments: There were obvious biases here and there, but at least there was an attempt to give all the candidates a platform. For example, Mr. Abed Bwanika, who was an unknown quantity when he announced his candidacy, ended up becoming a regular face in newspaper columns. He was also the guest of many talk-show hosts.

References: Media Reports (New Vision, Daily Monintor, The Weekly Observer)

The article from which the charges are drawn was published in the Daily Monitor on July 8, 2009, and quoted that Mr. Odongo collected 30 iron sheets from Micheal Ojara, a disabled man, who gave them to his unidentified girlfriend.

References: The Daily Monitor, Wednesday, Aug. 12, 2009

Peer Review Comments: Journalist intimidation is a common feature. Andrew Mwenda often takes the spotlight in being arrested.

References: Media Reports (New Vision, Daily Monitor, the Weekly Observer)

References: Media Reports (New Vision, Daily Monitor, The Weekly Observer)