A recent warning by General Muhoozi Kainerugaba to The Observer has sparked concerns about press freedom in Uganda. The General reportedly said, “Observer is Ssemujju’s newspaper, isn’t it? Let me see how they behave.” This statement has been seen as a threat to the newspaper and the broader media landscape.
The lawyer, who has over three decades of experience dealing with the law, has urged General Muhoozi to respect the principles of constitutional democracy and the role of a free press. He argues that while newspapers are not above criticism, there are lawful remedies for addressing perceived wrongs, such as correcting falsehoods, suing for defamation, or complaining to regulatory authorities.
The lawyer's concerns are informed by Uganda's recent history, including the shutdown of Daily Monitor and NTV on 28 June this year. On that occasion, General Muhoozi ordered the shutdown, stating that he did not believe in a free press. Military personnel were deployed to the Nation Media Group premises, raising concerns about intimidation and coercion.
The lawyer argues that a free press is essential to a healthy democracy, allowing for the collision of arguments and the exchange of ideas. He cites Article 29(1)(a) of the Ugandan Constitution, which protects freedom of speech and expression, including freedom of the press and other media. Article 43 permits limitations on rights only within a constitutional framework.
The Supreme Court of Uganda has also weighed in on this issue, striking down the offence of publishing “false news” as an unconstitutional restriction on freedom of expression. In Charles Onyango-Obbo and Another v Attorney General, the Court held that the restriction was vague and overbroad, and warned against restrictions that create a chilling effect on freedom of expression and the press.
The lawyer's plea to General Muhoozi is not just about protecting The Observer, but about upholding the principles of constitutionalism and the rule of law. He argues that even powerful individuals should not be able to silence critics or stifle debate, and that disputes should be resolved through law rather than discretionary power.
Ultimately, the lawyer believes that General Muhoozi, as the serving head of the country's armed forces, has a responsibility to respect the institutional asymmetry between a military commander and a newspaper editor. He urges the General to engage with The Observer and other media outlets through lawful means, rather than issuing warnings that could be seen as intimidation.
Key points
- The lawyer argues that a free press is essential to a healthy democracy.
- The Supreme Court of Uganda has protected freedom of expression and the press.
- The lawyer urges General Muhoozi to respect press freedom and engage with media outlets through lawful means.
