Uganda Law Society petitions DPP over alleged misuse of criminal prosecutions

The Uganda Law Society (ULS) has petitioned Director of Public Prosecutions (DPP) Lino Anguzu to discontinue criminal cases brought against journalists and social media users under the offence of sending false distress signals. ULS argues that the provision is being misused to suppress freedom of expression. The petition, dated November 6, 2026, was received by the DPP's office on the same day. ULS President Isaac K. Ssemakadde signed the letter, which challenges the prosecution of individuals, including businesswoman Kushaba Susan.

Susan Kushaba faces three counts of sending false distress signals in Criminal Case No. BUG-CO-1632/2026 before the Chief Magistrate's Court at Buganda Road. She was remanded to Luzira Women's Prison until November 17, 2026, over TikTok videos published on her account @The Investigator. UG between January and October 2026. The videos allegedly accused public officials, including Kampala Minister Minsa Kabanda Nabbengo and State Minister for Kampala Capital City and Metropolitan Affairs Kyofatogabye Joseph Kabuye, of fraud, land grabbing and embezzlement of public funds.

ULS argues that the videos contained allegations and opinions on matters of public interest rather than false emergency messages. The society cites an earlier prosecution of journalist Arnold Anthony Mukose, who faced the same charge after publishing claims that First Lady Janet Kataaha Museveni was dead. Mukose's case was later dismissed for want of prosecution after he had spent time on remand. ULS claims that maintaining such prosecutions violates constitutional protections of freedom of expression and personal liberty.

The society argues that prosecutors are required to establish both a realistic prospect of conviction and that prosecution is in the public interest before preferring charges. ULS is demanding that the DPP review and discontinue pending prosecutions under Section 82 arising from ordinary speech, journalistic reporting and public-interest criticism. The society also wants the office to issue a circular directing prosecutors against using the provision to criminalise social media content and online publications that do not involve false emergency signals.

ULS has given the DPP seven days from receipt of the letter to provide a written response outlining measures to address the concerns. The society has also warned that prosecutors who knowingly maintain what it considers baseless charges could face personal civil liability for malicious prosecution and violations of fundamental rights. The letter was copied to several institutions, including the Attorney General, Chief Justice and Uganda Human Rights Commission.

The petition is based on Section 82 of the Uganda Communications Act, which ULS claims is being misused to suppress freedom of expression. The society argues that the provision should only be used to prosecute cases involving false emergency signals capable of misleading emergency services. ULS is seeking to protect journalists, social media users and critics of public officials from what it considers malicious prosecutions.

The outcome of the petition remains uncertain. The DPP's office has seven days to respond to the concerns raised by ULS. If the DPP's office fails to address the concerns, ULS may consider taking further action to protect freedom of expression and personal liberty in Uganda.

Key points

• ULS argues that prosecutors are required to establish both a realistic prospect of conviction and that prosecution is in the public interest before preferring charges.