The Implementation of Freedom of Expression to the Media Fraternity a Case Study of Daily Monitor

THE IMPLEMENTATION OF FREEDOM OF EXPRESSION TO THE MEDIA FRATERNITY A CASE STUDY OF DAILY MONITOR

BY MUHUMUZA JOEL BMC135437/ 113! DU

A RESEARCH DISSERTATION SUBMI1TED TO THE COLLEGE OF HUMANITIES AND SOCIAL SCIENCES IN PARTIAL FULFILLMENT OF THE REQUIREMENTS FOR ThE AWARD OF BACHELORS DEGREE IN MASS COMMUNICATION OF KAMPALA INTERNATIONAL UNIVERSITY

JUNE, 2014 DECLARATION

I, Muhumuza Joel, hereby declare that this is my original work and has never been presented to any other educational institution for the award of any degree, diploma or certificate.

Signature ...~*~ ~

(STUDENT) ~ /~_i~,7_~L/ APPROVAL

This is to certify that the research of Muhumuza joel has been under my supervision and is now ready for submission to the college of Humanities and social sciences department of Mass Communication of Kampala International University.

Signature ~...... date ç~JUfl€~ ?~o(~f~

MR. Nthiga Nicholus

(SUPERVISOR) DEDICATION

I dedicate this work to my lovely parents, who took care of me right from childhood to date and also giving me lots of encouraging words towards my education.

III ACKNOWLEDGEMENT I express my heartfelt gratitude to the almighty God for the protection and wisdom which enabled me to write this research.

My appreciation is extended to my supervisor Mr. Nthigah Nicholus who availed me with both technical and academic knowledge which enabled me to write this dissertation.

Finally my thanks go to my beloved family members and not forgetting my dear friends. I am dearly indebted to you friends, I thank you for your encouragement. God bless you all.

iv Contents DECLAJ~.A1ION APPF~O~I’I~L ii DEDICA1~IOI’J iii ~

Contents V LIS’r OF 1ABLES vii I_IS1~ OF FIGURES v’iii ABS1~A~1 ix

CEiAPTER. OF~iE 1 1.1 Background 1 1.2 Statement of the Problem 3 1.3 Objectives of the study 4 1.3.1 General Objective of the Study 4 1.3.2 Specific Objectives 4 1.4 Research Questions 4 1.5 Significance of the study 5 1.6Scope 5 1.6.1 Geographical scope 1.6.2 Theoretical scope 5 1.6.3Timescope 6 2.6.4 Context scope 6

CHAPTER TWO: LITERATURE REVIEW 7 2.1 The state of freedom of expression in Uganda 7 2.1.1 Government rights body silent 11 2.2 Relevance of Freedom of expression and media legislation 12 2.3 The importance of freedom of expression 13 2.4 Challenges of Freedom of expression 16

v CHAPTER THREE: METHODOLOGY ...... ~. 19 3.1 Research Design 19 3.2 Method of data collection 19 3.3 Sources of Data 19 3.4 Target population 20 3.5 Sample size 20 3.6 Sampling technique 20 3.7 Ethical considerations 21 3.8 Limitation of the study 21

CHAPTER FOUR: DATA PRESENTATION, FINDINGS INTERPRETATION AND ANALYSIS 22 4.1 Demographic characteristics 22 4.2 The freedom of expression experienced by the print media 23 4.2.1 The Governments’ take on freedom of expression 25 4.3 The relevance of freedom of expression to the Media 27 4.4 Challenges of operating media in Uganda 28

CHAPTER FIVE: SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATION 30 5.1 Summary and conclusion 30 5.2 Recommendations 31

REFERENCES 31 APPEN DICES 37 APPENDIX I: RESEARCH INSTRUMENT 37 A: QUESTIONNAIRE 37 B: INTERVIEW GUIDE 39 APPENDIX II: TIME SCHEDULE OF THE STUDY 40 APPENDIX III: BUDGET OF THE STUDY 41

vi LIST OF TABLES

Table 1: Sample size 20 Table 2: Marital status distribution of the respondents 22 Table 3: Education level of Daily Monitor respondents 22 Table 4 (a): Do you think media industry enjoy the freedom of expression7 23 Table 4 (b): Does your media enjoy the freedom of expression7 24 Table 5: Governments’ effects on freedom of expression 26 Table 6: Freedom of expression effects on quality of content 27 Table 7: Respondents take on challenges of operating media 29

vii LIST OF FIGURES

Figure 1: Marital status distribution of the respondents 22 Figure 2: Education level of Daily Monitor respondents 23 Figure 3: Do you think media industry enjoy the freedom of expression7 24 Figure 4: Media experience on freedom of expression 24 Figure 5: Governments’ take on freedom of expression 26 Figure 6: Freedom of expression effects on quality of content 27

viii ABSTRACT This research was concerned to investigate the applicability of freedom of expression in the print media. The researcher took time on the background of study to lay a foundation of the research. Statement of the problem acted like a backbone the entire study by critically showing the challenges on the ground. The Objectives followed, which were both general and specific, the researcher highlighted the benefits of doing this research. The scope of the study was well explained. Chapter two was a tentative research done by the researcher whereby he relied on the works of other Scholars. The study employed descriptive survey design which was used to discover casual relationships between the two variables. Slovene’s formula was used to arrive at the sample size. To ensure validity of instruments, content validity index was used and reliability of the instrument was established by corn-bachs coefficient alpha variable. Data gathering procedure before and after administration of questionnaires was followed to the letter. Data presentation, analysis and interpretation was tabulated, this included the analysis of demographic characteristics of respondents, the IV (Freedom of expression) and DV ( Print Media ) whose summary was done in terms of mean. The researcher found out violent and intimidating ways were not supposed to be used as a viable option and he did recommends diplomatic ways of solving problems to be used, ie dialogue.

ix CHAPTER ONE 1.1 Background

Freedom of expression is a cornerstone of democratic rights and freedoms. In its very first session in 1946, before any human rights declarations or treaties had been adopted, the UN General Assembly adopted resolution 59 (I) stating “Freedom of information is a fundamental human right and the touchstone of all the freedoms to which the United Nations is consecrated~’T Freedom of expression is essential in enabling democracy to work and public participation in decision-making. Citizens cannot exercise their right to vote effectively or take part in public decision-making if they do not have free access to information and ideas and are not able to express their views freely.

The freedom of expression is a pivotal component of our individual development as human beings and as “political animals” and to mprove and radicalize democracies. The invention of the press therefore constitutes the turning point for the debates about freedom of expression. Guaranteeing each individualTs right to freely seek, receive or impart information while interacting with other individuals ceased to be enough. It was necessary to go beyond, upholding this right allied by an intermediary that radically magnified the outreach of opinions, information and ideas like the mass media.

Under this perspective, many foundational pillars of the contemporary debate on human rights (the Glorious, American and French Revolutions; the writings of John Milton, Alexis of Tocqueville and John Stuart Mill, among others) dedicated substantial attention to freedom of expression and its links to the mass media. The idea of a free, independent, plural, and diversified media has become the ideal to be achieved in order to fully ensure the right to seek, receive and impart information. Finding the appropriate format for State participation in

1 this equation of fostering media systems endowed with these characteristics have quickly constituted one of the most relevant pieces of the puzzle.

This challenge became particularly complex when broadcasting took over the system’s leading role in the beginning of the 20th Century. The possible hypothesis that each legitimate Interest from the different social groups might have been voiced In their own newspapers did not prove to be true In relation to television and radio. The electromagnetic spectrum Is a finite public resource and needs to be regulated, at least as far as frequencies are concerned.

Therefore, media regulation started Its development hand In hand with guaranteeing, promoting and protecting freedom of expression. In fact, the ultimate goal for regulating media should be to protect and deepen this fundamental right For this reason, the most important International Instruments on human rights (the United Nations Charter; the Universal Declaration of Human Rights; the International Covenant on CMI and Political

Rights; the Conventions on the Rights of the Child, on the Protection and Promotion of Diversity and Cultural Expressions, on the Elimination of All Forms of Racial Discrimination, and on the Rights of Persons wIth Disabilities) address to the matter in different perspectives. The same holds true for regional human rights instruments and for legal Instruments of the world’s most consolidated and long fought democracies.

The Media In Uganda has been transformed with the ever changing political and economic landscape & the nation, and since the liberaiization of the media in the early 1990s, the number of print and broadcast media outiets has rapidly increased. However, prior to media 2 liberalization, Uganda experienced limited access to independent, privately-owned media outlets. Today, while freedom of expression is enshrined in the 1995 Constitution, it is still subject to statutory and regulatory restrictions as well as regular government sanctioned attacks and interference.

In 2006, Reporters without Borders ranked Uganda 116 out of 168 in its Annual Press Freedom Index. The 2006 ranking represents a sharp drop from the previous year when Uganda was ranked 80th. Similarly, Freedom House, in its 2007 Annual report on Press freedom ranked Uganda 116th out of 169 countries, a drop from 111th in 2006. While once heralded as one of Sub-Saharan Africa’s freest countries for the press, Uganda has dropped in the ranks over the past couple of years following the enactment of the anti-terrorism legislation and the tightening of controls on the media, especially in the run up to the 2006 General elections.

L2 Statement of the Problem Uganda has made significant strides in the enjoyment of press freedom and freedom of expression in the last two decades. The decision to enshrine the right to freedom of expression and access to information in the Constitution was an important recognition of the importance of free media and freedom of expression in a democracy. Indeed, the Ugandan media have thrived in the last 15 years, scrutinizing public affairs, encouraging robust public debate and exposing corruption and other forms of malfeasance.

In that regard, until recently Uganda was often cited as a good example of a vibrant media landscape in the region. Citizens have also been generally free to express themselves. Unfortunately, reports by international and local human rights organizations including Freedom House, Human Rights Watch, Committee to Protect Journalists and FES

3 Media, Uganda Journalists Network for Human Rights, among others, show that a worrying decline in freedom of expression and press freedom in Uganda over the past five years has been accompanied by a rise in self-censorship and attacks on journalists. (Caswell, 2009).

1.3 Objectives of the study

1.3.1 Genera’ Objective of the Study To examine the freedom of expression experienced by the print media in Uganda

1.3.2 Specific Objectives 1. To identify the demographic characteristics of the respondent according to; a. Gender b. Education level c. Marital status 2. To assess the relevance of freedom of expression in Uganda.

3. To find out the challenges of operating a media house in Uganda.

4. To find out the lasting solutions to the problems of freedom of expression.

5. Media freedom and challenges of operating a print media

1.4 Research Questions 1. What the demographic characteristics of the respondents according to; a. Gender b. Education level c. Marital status 2. What is the relevance of freedom of expression in Uganda?

3. What are the challenges of operating a media house?

4 4. What are the lasting solutions to the problems of freedom of expression?

1.5 Significance of the study i. This study is aimed at understanding media position at fighting menace of freedom of expression in developing countries like Uganda.

ii. The study will provide meaningful information to scholars interested in the Ugandan media content.

iii. Will help the Government to come up with new ways of ensuring laws are implemented and policies with no loopholes are put in place. These will add to the existing checks and balances that have in most cases proved counterproductive.

1.6 Scope The Daily Monitor Uganda was started in 1992 as an independent news paper in Uganda before the majority shares were bought by the Kenya based National Media Group, from which most East and Central African governments used it as a basis for fighting the media in their respective countries.

1.6.1 Geographical scope The study was conducted at 29/35 8th Street, Kampala, (daily monitor studios) Uganda in Kampala

1.6.2 Theoretical scope

McCombs and Shaw were the proponents of Agenda-setting in 1968, which was a creation of public awareness and concern of salient issues by the news media. Two basis assumptions underlie most research on agenda-setting: (1) the press and the media do not reflect reality; they

5 filter and shape it; (2) media concentration on a few issues and subjects leads the public to perceive those issues as more important than other issues. One of the most critical aspects in the concept of an agenda-setting role of mass communication is the time frame for this phenomenon. In addition, different media have different agenda- setting potential.

L6.3 Time scope The research Dissertation was carried out for the period of 10 months from September 2013 to June 2014. This time was considered to be appropriate and enough for the researcher to retrieve all the questionnaires and compile the information required to complete this research.

2~6.4 Context scope The research was limited to examining the freedom of expression experienced by the print media in Uganda.

6 CHAPTER TWO LITERATURE REVIEW

2i. The state of freedom of expression in Uganda Uganda has made significant strides in the enjoyment of press freedom and freedom of expression in the last two decades. The decision to enshrine the right to freedom of expression and access to information in the Constitution was an important recognition of the importance of free media and freedom of expression in a democracy. Indeed, the Ugandan media have thrived in the last 15 years, scrutinizing public affairs, encouraging robust public debate and exposing corruption and other forms of malfeasance. In that regard, until recently Uganda was often cited as a good example of a vibrant media landscape in the region. Citizens have also been generally free to express themselves.

Unfortunately, reports by international and local human rights organizations including Freedom House, Human Rights Watch, Committee to Protect Journalists, FES Media, Uganda Journalists Network for Human Rights, among others, show that a worrying decline in freedom of expression and press freedom in Uganda over the past five years has been accompanied by a rise in self-censorship and attacks on journalists.

In particular, journalists in the countryside have been forced to carry out their work in an environment of widespread impunity and constant pressure from the authorities, especially Resident District Commissioners and District Internal Security Officers. Increasingly, members of the opposition have been turned away from radio stations on orders from RDCs and DISOs. Talk show callers also report being followed up and warned by security agents and strangers. Perhaps the biggest affront on freedom of expression and press freedom in recent years was the closure of four radio stations after the riots that followed

7 a standoff between the Buganda Kingdom and the central government in September 2009.

The stations were Central Broadcasting Service (CBS), Suubi FM, Radio Sapientia, and Akaboozi ku Bbiri which were accused of inciting violence, promoting sectarianism, campaigning against the government and abusing the President. Three radio stations were allowed back on air within a few weeks and months under strict conditions that were not discussed transparently through the established regulatory process. CBS, whose licence was revoked, remained off air until October 2010. Cabinet had come up with some strict conditions for re-opening the radio station, which were rejected by Mengo and CBS management.

Throughout this period it was apparent that the closure of CBS was not the independent action of the Broadcasting Council but a government decision. This confirmed concerns that the broadcasting regulator was susceptible to influence and manipulation by the Executive. In fact, the President and his handlers have in the last year said on numerous occasions that he had ordered the closure of CBS. Similarly, the President announced in October that he had ordered the re-opening of CBS. This brings into question the independence of the Broadcasting Council.

The closure of the radio stations and arrest of journalists critical of the government as well as the conditions that have been quietly negotiated for the reopening of these stations have combined to send a chilling effect down the spines of both journalists and citizens. There are more reports of self-censorship within newsrooms today than at any one time in the last five years.

The condition of freedom of expression has also not been helped by the failure by the Ministry of Information to pass the regulations that

8 are necessary to operationalize the Access to Information Act 2005. Parliament has also not followed up on the legal requirements that each ministry submits an annual report on the status of the implementation of the law. In the circumstances, journalists, civil society and the public are not always able to get access to vital information that would allow for more meaningful citizen participation in governance and help to hold officialdom accountable.

A Press Freedom Index Report released by the Human Rights Network for Journalists-Uganda (HRNJ-Uganda) has indicated that the space for the media in Uganda is rapidly Hshrinking and sinking~ due to increasing levels of attacks, especially by the police. HRNJ-Uganda documented 107 cases of attacks on journalists in 2011 compared to 58 in 2010 and 38 in 2009. The incidents range from shootings, physical attacks, unlawful arrests and detention, incarceration of journalists, denying the media access to news scenes, confiscation of equipment, defective and tramped up charges, to verbal threats.

The report includes photographs of two journalists who were shot while covering news events. Christine Nabatanzi, a reporter with Radio Simba, was shot in the leg while covering Democratic Party supporters who were celebrating the release of their party president Norbert Mao, from prison, while Capital FM! Beat FM reporter Gideon Tugume was shot when covering the return of the opposition FDC leader’s return to the country from Nairobi, in May 2011.

“The abuses happen countrywide under different commands from within the security. They clearly show that press freedom remains elusive for many journalists seeking to enjoy these freedoms in the course of their work,” HRNJ-Uganda says in a statement.

9 It adds that: “Increasingly, journalists are being targeted and attacked, injured, threatened and their property vandalized by mainly the police and army.”

This is the 3rd time HRNJ-Uganda is releasing an annual assessment of press freedom in Uganda based on the investigations, analysis and documentation of complaints received from different parts of the country. The index highlights the continuous and systematic attacks on journalists by the Police, army and other security organs as well as non-state actors countrywide.

The report accuses the police and other security agencies of confiscating still and video cameras from journalists. Between April and May ten cameras were confiscated by security operatives as journalists covered the walk to work campaign. This trend indicates a systematic and calculated move by Police and other agencies to obstruct journalists from executing their duties.

“Most worrying is the notable high degree of impunity and the disinclination by the law enforcement agencies and other institutions to pursue the perpetrators in spite of HRNJ-Uganda1s concerted efforts to engage them,” HRNJ adds.

It adds that the victims of these abuses deserve and await justice from the relevant institutions. This is an obligation the government must fulfill.

In the course of 2011, newspapers were raided and broken into, but there were no serious investigations by the Police to establish who the culprits are. Police stormed media houses searching for alleged ‘subversive’ materials. As a result, landlords, suppliers and printers of newspapers considered anti-government felt intimidated and threatened to abandon the targeted media houses. This conduct has

10 led to the temporary closure and ceasing of the publication of newspapers.

By the end of 2011, about 30 journalists had pending charges against them. Only Daniel Kalinaki and Henry Ochieng, both editors at the Daily Monitor, only recently had their cases disposed of while the majority continues to have pending cases against them. The principle of natural justice demands that justice must be speedy and be seen to be done. This has continued to elude journalists in Uganda. HRNJ also condemns the government’s current plans to introduce new legislation which it says will further limit media freedoms in the country. “Efforts from government to bring into conformity the existing media legislation with the Constitution of Uganda and international standards are non existent. Unfortunately, proposals are being made to introduce measures that undermine the enjoyment of press freedom,” HRNJ says: “Sadly, there is glaring silence from the statutory bodies that should be on the forefront of protecting and defending media freedoms.”

2.1.1 Government rights body silent

HRNJ has also criticized the conspicuous silence exhibited by the government-established semi-autonomous human rights commission — the Uganda Human Rights Commission.

“It is a matter of concern that the Uganda Human Rights Commission has not taken any initiative to independently investigate and expose these abuses. This statutory body has had over 25 cases brought to its attention by journalists, but none of them has been fully investigated and brought to a logical conclusion. Some cases date back as far as 2007,” says the journalists’ body.

HRNJ has therefore concluded that press freedom in Uganda as “shrinking and seeking”. “It requires a concerted effort from the 11 stakeholders to play their role to rescue it from sinking further. This is the best time for all the various stakeholders to stand up and be counted,” says HRNJ.

2.2 Relevance of Freedom of expression and media legislation

The rule of law is to a stable sustainable society what the skeleton is to the human body. Without a strong, stable, unbroken and nourished skeletal underpinning the human body falls, fails, simply cannot function in any reliable manner. With a sound skeletal framework in place, the human body can absorb the stresses of it movements and its ambitions: we can sit, stand, run, create, defend, protect, assert.

For human society, it is law that is the essential skeleton on which all stable and sustainable functioning relies. Sustainable society which requires right-full and responsible citizens, a stable basis for sound economic enterprise, open space for scientific innovation and artistic creativity cannot stand unless it is underpinned by a vigorous rule of law supported an independent judiciary.

It should however be noted that Establishing, maintaining and abiding by this system of law are the principal functions of government. Under the doctrine of the separation of powers there is a tripartite of complementary roles to be fulfilled; those who have the formal power to create legislation like the legislators; the judicial branch which has the formal power to interpret legislation and the executive branch which can act only within the powers and limits set by the law. Not all law are good laws. Indeed, there is no equality amongst laws. There are laws that meet what the international community has determined to be good standards.

Inequality, repression, discrimination, corruption can be embedded by, through and in law. Racism was entrenched in law by the apartheid regime of South Africa, Colonial power was entrenched in a multitude 12 of laws. Nazi Germany’s obsession with legislation and regulation enabled the mass extermination of millions of Jews and thousands of others. History has shown us that systematic repression, mass scale suppression and grave human rights violations have often been formally justified, if not entrenched, in law in bad law.

These examples and many others prompted the international community to work together to define, determine, agree on standards for good law; prompted governments to establish the United Nations to set those standards, agree a multitude of conventions and treaties, and establish international courts.

2.3 The importance of freedom of expression Human rights are the foundation of human dignity, freedom, justice and peace. The 1948 Universal Declaration on Human Rights laid out equal rights for all people and three fundamental principles governing human rights: rights are universal, meaning that rights apply to everyone whoever or wherever that person is; inalienable, in that they precede state authority and are based on peoples’ humanity; and indivisible in that all rights are of equal importance.

The UDHR was also intended to provide a common framework and understanding across nations for preventing the religious, racial, political and sectarian strife which plagued humanity throughout its history, culminating in the Second World War. This idea is forcefully expressed in the preamble of the UDHR, which explicitly mentions freedom of speech and beliefs together as the highest aspirations of the common people.

At its very first session, in 1946, the UN General Assembly adopted Resolution 59(I) which states: “Freedom of information is a fundamental human right and the touchstone of all the freedoms to which the United Nations is consecrated.” ARTICLE 19 considers freedom of expression as a cornerstone right one that enables other 13 rights to be protected and exercised. The full enjoyment of the right to freedom of expression is central to achieving individual freedoms and developing democracy and plays a critical role in tackling the underlying causes of poverty. It makes electoral democracy meaningful and builds public trust in administration. Access to information strengthens mechanisms to hold governments accountable for their promises, obligations and actions. It not only increases the knowledge base and participation within a society but can also secure external checks on state accountability, and thus prevent corruption that thrives on secrecy and closed environments.

Freedom of expression has long been regarded as a fundamental right, one which is important in itself and also helps to defend other rights and freedoms. There are three reasons why freedom of expression is so crucial. Firstly it is a human need to be ourselves and have our own identity and the ability to express ourselves in words, music, dance or any other form of expression is central to the realization of our humanity. Secondly it is a foundation for other rights and freedoms as without freedom of expression it is not possible to organize, inform, alert or mobilize in defence of human rights. Thirdly, as Amartya Sen has persuasively argued it’s the pre condition of social and economic development as transparent and open communications are necessary to ensure economic and social development that benefits everyone.

Freedom of expression and freedom of information are crucial to democracy and the enjoyment of other rights. The importance of freedom of expression was particularly emphasized by the Inter American Court of Human Rights which stated that Freedom of expression is a cornerstone upon which the very existence of a democratic society rests. It is indispensable for the formation of public opinion. It is also a conditio sine qua non for the development of political parties, trade union, scientific and cultural societies and, in

14 general, those who wish to influence the public. It represents, in short, the means that enable the community, when exercising its opinions, to be sufficiently informed.

Freedom of expression is what made the Western world the civilized world. In countries, where free speech is valued, citizens are citizens that express their thoughts and opinions, without being persecuted or jailed. While in countries, where there is no free speech, people are not treated like citizens, but like subjects. The problem with the misuse of free speech can be an excuse sometimes to those who promote hatred and violence in the name of race, political and religious reasons.

Consequently, it can be said that a society that is not well informed is not a society that is truly free. If people are not free to say what they want, to disseminate information and expression their opinion on matters of political interest and to receive information and ideas from a variety of sources, then they will not be able to case an informed vote or to participate in governance in other ways. The right to freedom of expression and freedom of information are also key in any system for protecting and promoting the enjoyment of all other human rights whether civil or political rights or economic, social and cultural rights.

The guarantee of freedom of expression applies with particular force to the media. The European Court has consistently emphasized the ~re eminent role of the press in a State governed by the rule of law ~“and has stated; ‘Freedom of the press affords the public one of the best means of discovering and forming an opinion of the ideas and attitudes of their political leaders. In particular, it gives politicians the opportunity to reflect and comment on the preoccupations of public opinion; it thus enables everyone to participate in the free political debate which is at the very core of the concept of a democratic society.

15 If it is to be fully realized, however, freedom of expression requires a public dimension a means of communication in order to facilitate the exchange of opinions, ideas and information. It follows that free expression activists have focused a great deal of attention on the structure and regulation of the media environment, for it is these that provide the principal platforms for public expression, from books and newspapers to the broadcast media.

2.4 Challenges of Freedom of expression According to international law and the Ugandan Constitution the right to freedom of expression is not absolute. Both recognize that freedom of expression may be restricted. However, any limitations must be within strictly and narrowly defined parameters. Article 19(3) of the ICCPR provides for the conditions that any restriction on freedom of expression must meet the exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary; for respect of the rights or reputations of others; for the protection of national security or of public order (order public) or of public health or morals.

Article 2 of the Declaration of Principles on Freedom of Expression in Africa states that no one shall be subject to arbitrary interference with his or her freedom of expression; and any restrictions on freedom of expression shall be provided by law, serve a legitimate interest and be necessary in a democratic society.

Article 43 (1) of the Constitution states: In the enjoyment of the rights and freedoms prescribed in this chapter, no person shall prejudice the fundamental or other human rights and freedom of others or the public interest. Public interest under this article shall not permit political 16 persecution; detention without trial; any limitation of the enjoyment of the rights and freedoms prescribed by this chapter beyond what is acceptable and demonstrably justifiable in a free and democratic society or what is provided in this Constitution. Restrictions on freedom of expression, therefore, have to meet strict tests. In particular, the restrictions or limitations must be provided for by law which in turn has to be clearly “formulated with sufficient precision to enable the citizen to regulate his conduct”. In addition, the restrictions must serve a legitimate aim, and they must be necessary, that is there must be a “pressing social need” for the limitation.

Uganda’s Supreme Court has concluded that the limitation to the right to freedom of expression and other fundamental rights is itself subject to a limitation. The limitation provided for in clause (1) [of Article 43] is qualified by clause (2), which in effect introduces “a limitation upon the limitation”. It is apparent from the wording of clause (2) that the framers of the Constitution were concerned about a probable danger of misuse or abuse of the provision in clause (1) under the guise of defence of public interest. For avoidance of that danger, they enacted clause (2), which expressly prohibits the use of political persecution and detention without trial, as means of preventing or measures to remove, prejudice to the public interest.

In addition, they provided in that clause a yardstick, by which to gauge any limitation imposed on the rights in defence of public interest. The yardstick is that the limitation must be acceptable and demonstrably justifiable in a free and democratic society. The limitation on the enjoyment of a protected right in defence of public interest is in turn limited to the measure of that yardstick. In other words such limitation, however otherwise rationalized, is not valid unless its restriction on a protected right is acceptable and demonstrably justifiable in a free and democratic society. 17 Officially the Media Council has the role of censoring offensive materials, mainly pornography or racist, sectarian or tribalistic material. The National Institute of Journalists also carries some responsibility for discipline of this material. In actual practice, however, agents of the state (usually the police) more often investigate and indict journalists before calling on either professional agency. As a result, the Media Council remains weak and ineffective.

The arrival of the Internet has complicated every effort to control media content. In most national legal systems, legislation cannot keep up with technology. This is certainly the case in Uganda. The split- court decision in 2002 in the U.S. case Ashcroft versus Free Speech Coalition concerning virtual child pornography would be seen in Uganda to be hair-splitting to the extreme, yet the Ugandan legal system no more than the one in such an advanced democracy cannot maintain pace with the creative technologies of those who would ply the public’s most vulnerable sensitivities (Lucy Shelton, 2009).

18 CHAPTER THREE METHODOLOGY

3.1 Research Design A cross sectional research design involves getting responses from informants at once as opposed to longitudinal researches which involve contacting or checking specimens repeatedly. The researcher used cross-sectional in order to reduce time and cost involved.

3.2 Method of data collection Research instrument was constructed following a frame work, for instance, a list of questions framed in an objective way and accomplished by a list of all possible alternatives from which respondents can select the answers that best describe their situation.

The researcher used the instrument since they are easier to analyze and are in an immediate usable form. Moreover closed-ended questions are easier to administer because each item is followed by alternative answers. And they are economical as far as time and money is concerned.

Interview refers to an oral administration of a questionnaire. The researcher employed face-to-face interview in order to build maximum cooperation and friendly relationship with the respondents.

3.3 Sources of Data Primary sources normally act as direct description, due to this reason the researcher meet and talked to the staff of the Daily Monitor.

Secondary sources are data which are already in existence; they can be derived from books or other materials which other scholars have researched.

19 3.4 Target population The target population included a total of 100 people from selected departments and 30 media practitioners, drawn from Daily media house too.

3.5 Sample size Due to the expected threats to validity, the researcher was claimed and allowed 5% margin of error 0.05 level of significance. Measures are also indicated in order to maximize and to eradicate the threats to the validity of the findings of this study. N n= 1+N(o.o5)2

where ‘n’ is the sample size and ‘N’ is the target population and ‘1’ is constant while the margin of error completes the Solvents formulae.

Table 1: Sample size

Kampala Media house Selected departments

Target Sample size Target Sample population population size

A 30 27 100 80

3.6 Sampling technique The researcher used simple random sampling due to the fact that it involves giving a number to every person of the accessible population. In addition purposive sampling was also used because it allowed researcher to use cases that have required information about corruption. These cases were then handpicked since they poised required characteristics.

20 3.7 Ethic& considerations The respondent were assured confidentiality otherwise they would be stigmatized by the community. Moreover a legal letter from the University was provided which gave the researcher the right to exercise the research study; this actually acted as a gate pass to different media organizations.

3.8 Limitation of the study 1. The time of doing tentative research was limited, hence the researcher worked under pressure to beat the deadline. 2. The researcher faced a serious challenge of gathering the information due to the fact that some members were not cooperative. 3. The high level of illiteracy led to many spoilt questionnaires. 4. Scarce resources, a major hurdle where researcher had to forego some of the things.

21 CHAPTER FOUR D TA PRESENTATION, FINDINGS INTERPRETATION AND ANALYSIS

4~ Demographic characteristics Table 2: Marital status distribution of the respondents Marital stabis Respondents Percentage Manied 60 56 Single 47 44

I’ ~ Figure 1: Marital status dlstribUtiOfl of the respondents marital status

140 120 100 80 60 40 • marital status 20 0

(Source: field study) At Daily MonilX)r Studios, the researcher gathered the data below gMng detail about their education level; Table : Educatlofl level of Daily MonitOr respondents

23 25 28 1Ma~ 31 h~ói~L 107 100 ~fleidstudY

22 Figure 2: EducatiOn level of Daily Monitor respondents

Sou : field ~y Most employees (26.2%) at Daily Monitor have attained degree level education while 23.3% have diploma and the lowest being those witt~ certificate (21.5%). The researcher could therefore tell that Daily Monitor employee’s journalists witI~ high education level as those with degree are the majority while those with certificate being the minonty. The researcher couki also tell that those journalists with higher education level like masters and long working experience at Daily Monitor were the ones holding senior positions like management at the station.

4.2 The freedom of expression experienced by the print media The general objective was to find out how the media have experienced the freedom of expression. It was answered by question 7 and 8 on appendbc A and B. The results were summarized in tables 4(a) and 4 (b) below;

Table 4 (a): Do you think media industry enjoy the freedom of —7 Response

Frequency (f) 21 rcentage (%) [i~ (Source: field study)

23 with those who say that media freedom is restricted. No response was as a result of failure of some respondents unable to submit back the questionnaires that were given to them.

When it comes to the journalists themselves, represented by table 4 (b), the researcher observed that 73% of the respondents agreed that their work was in a way threatened by the contentious issue of freedom of expression, while 22.4% dissagreed with the question. The 5% of the respondents refused to answer the question. Media professionals were proped to further explain why those who thought media freedom was curtailed do think so and why.

They pointed out that media owners start up media houses for various reasons among them being for political and economic influence. Thus, they will ensure that their media outlets do produce content that reflects or helps him achieve their goals. Also media has influence on society and if an owner strategises well, he or she will end up influencing the society through his media content. They agreed that media has a very bad experience on freedom of expression, some times which leads to the close up of the media house and confiscation of the equipment.

Despite the varying degree in response for and against the question, there is an agreement that media practise self censorship.

4.2.1 The Governments’ take on freedom of expression This question was directed to media professionals involved in this study and it was meant to provide data, where the researcher was interested in establishing whether forces outside the media do affect freedom of expression on content produced by the media. It is answered by question 8 of both appendices A and B. the results are summarized in Table 5 and figure 5 below.

25 otherwise. The 8% of the respondents did not respond because they did not return the research questionnaires.

The researcher wanted to know how does freedom of expression affect the quality of content produced by the media and he posed the question to the respondents. Most of them said the effect is much witnessed in a media house that has a chain of media outlets where, in order to cut costs, the media owner directs that stories be re used by various media outlets under his name. That to say, a single story will be edited or translated to fit the medium, be it print or broadcast. Another instance noticed by the researcher is where media owners reduce the number of journalists and those that are left are directed to do a lot of work in order for the media owner to make more money while giving out as little as possible.

This affects the quality of content as journalists are over worked and thus forced to take short cuts that will in turn affect their work quality. The kind of employees brought into a media house was another observation the researcher made. It was noted from the response, that nowadays non-professionals in media, like comedians and celebrities, are being employed to work in the media industry. These personalities are brought in to increase the popularity of a media house since they pull audiences that are their supporters.

However, those who said media is there to educate the masses went further to say media serves the audience as a strategy to increase profit. In other words, media gives the audiences what they want to consume and from it they get more money because they will be liked. Thus, profit maximization is the end product but they get it by prioritizing the role of educating the audiences.

4.4 ChaHenges of operating media in Uganda This question was meant to find out what respondents thought of ownership of the media in relation to content produced. It was mainly

28 aimed at summarizing all the questions administered to them by the researcher.

Table 7: Respondents take on challenges of operating media Respondents take Good Bad No response Total Frequency 27 70 10 107 Percentage 25 65 9 100 (Source: field study)

Most respondents (65%) did not like the kind of media ownership in Uganda today, 25% did favor it while 9% of those supposed to respond did not respond. When probed to further by the researcher, respondents pointed out that the aspect of self censorship and few owners controlling the media is not good for the development of the industry and the country at large.

The same question was asked the media professionals and most of them too did not like the aspect that media is owned by few people as it affects their work since owners, with different interests, direct journalists to produce and disseminate content that is aimed at achieving the interests of their bosses. They pointed this ownership has affected their profession as it makes it hard for them to follow the codes of ethics like objectivity since owners subject them to situations where they’ll have to break or bend the ethics. Finally they noted that most of them can’t easily advance professionally as non-professionals brought into the media have taken up their opportunities.

29 CHAPTER FIVE SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATION

5~1 Summary and conclusion Journalists and other media professionals also ran a high risk of being subjected to arbitrary detention and internment for alleged security reasons. Media professionals who fell into the hands of a party to an armed conflict were not without protection, and this aspect was often overlooked, as they benefited from all the protections granted by the Fourth Geneva Convention. Media professionals detained or interned in a non-international armed conflict must be treated humanely, and the same fundamental guarantees applied to them as in the case of international armed conflicts.

The humanitarian issues involved in direct attacks against media professionals as well as in their disappearance or captivity in wartime or their detention in other situations of violence were matters of direct concern to the ICRC, and it constantly endeavored to make the rules that protected journalists and civilians in general more widely known and better respected. The most serious deficiency was the lack of vigorous implementation of existing rules, and the systematic investigation, prosecution and sanction of violations, rather than a lack of rules. It should therefore be a foremost objective to work for improved compliance with these rules.

Apart from denying journalists the opportunity to report events, they also saw them as dangerous opponents. The Horn of Africa was a place where to choose to become society’s messenger often equated with choosing martyrdom.

Furthermore, political instability, election violence, military coups, tyrannical administrations and civil wars in several African countries

30 continued to endanger the lives of journalists. Journalists in Africa had today become the most unprotected and persecuted defenders of human rights. They were hunted because of their commitment to standing up for and telling the truth. Any attempt by journalists to raise the visibility of victims of injustice, or expose crimes against humanity and human rights violations put their personal lives, rights, and liberty at risk.

The suppression of press freedom and freedom of expression in many countries had forced the people of Africa into submissiveness in the face of ruthless rulers. The absence of the rule of law, abuse of judicial processes, political crises and instability that today occurred so frequently in Africa had struck heavy blows to the work of journalists and the media, resulting in the lack of protection, violent deaths, censorship and self-censorship. Killers of journalists were mostly free and still at large. At the continental level, there was no practical or legal mechanism to address the protection of journalists in conflict areas. Human rights could not be guaranteed in the absence of press freedom and freedom of expression, while freedom of expression could not exist when journalists were not protected and suffered death or violence for telling the truth. The Human Rights Council should send a clear message that it would not remain idle while journalists continued to be the subject of violent death and unjustified attacks.

Attacks on journalists had a serious impact on freedom of expression and the right to truth, as well as the quality and independence of information, which were essential components of a free media and a democratic society.

5.2 Recommendations Mindful of the important contribution to society made by those who investigate into and report on human rights abuses, organized crime, corruption, and other serious forms of illegal behavior, including

31 Conventions of 1949 and their Additional Protocols, the International Convention for the Protection of All Persons from Enforced Disappearance, UN Security Council Resolution 1738 (2006), UN Human Rights Council Resolution 12/16: Freedom of opinion and expression, the 2007 UNESCO Medellin Declaration and the 2010 UNESCO Decision on the Safety of Journalists and the Issue of Impunity.

33 Gans, H. (2009). Deciding what news is: A study of CBS evening news, NBC nightly news, Newsweek, and Times. New York: Vintage Books.

Golding, P., & Elliot, P. (2009). Making the news, London and New York: Long man.

Hall, S., Catcher, C. Jefferson, T, Clarke, J. and Roberts, B. (2008). Policing the crisis: Mugging the state and the law and order. London: Edward Arnold.

Hall, S. (2003). The determination of news photographs. The manufacture of news (176-90). In Cohen, S., & Young, J. (Eds). The manufacture of news: Reader. Beverly Hills: Sage.

Hall, 5; Critcher, C; Jefferson, T; Clarke, J., and Roberts, B. (2008). Poilcing the Cri~/s: Mugging, the state, and the law and order~ London: Edward Arnold.

Haskins, J. (2001). The trouble with bad news. Newspaper Research Journal, 2(2), 3-16. Retrieved November 12, 2009, from the Communication and Mass Media Complete database

Kalyango, Matovu (2009). Political news use and democratic support: A study of Uganda’s radio impact. Journal of Radio & Audio Media

McCombs, M.E. & Shaw, D. (1972). The Agenda-Setting Function of Mass Media. POQ, 36; 176-187.

McQuaill, D. (1994). Mass communication theory: An introduction (3 Ed.). London: Sage Publications.

35 Natabaala, G.Women root for equality. The Daily Monitor, June 6, 2007. Walk To Work: “Journalists Slap A Ban On Government Activities Over

Attacks”, Uganda Radio Network, May 13, 2011, accessed August 13, 2011

Ziegler, Dhyana; Moleti K., Asante (1992), Thunder and Silence: The Mass Media in Africa, Africa World Press, pp. 11—12,

36 APPENDICES APPENDIX I: RESEARCH INSTRUMENT A: QUESTIONNAIRE Dear respondent,

I am Muhumuza Joel, a student pursuing Bachelor Degree in Mass Communication. I am carrying a research on the topic “Freedom of Expression faced by Print Media”. The study is conducted in the fulfillment of the requirement of a Bachelor degree. I hereby request for your contribution to the study as this will enable my successful completion of the course. Your response will be treated with confidentiality and will strictly be used for academic purposes.

Please tick where applicable

LAge 21-24 25-35 35-45 L~45andabove D

2. Sex Male ~J Female~j

3. Marital Status Single ~ MarriedEl

4. Education level Certificate ~j Diploma L1 Degree El Masters

5. How long have you worked at Daily Monitor

less than 5 years El more than 5 years over 8 years El

6. Which department do you work with?

7 a) Does Daily Monitor owner directly or indirectly censor the kind of content you disseminate?

Yes El No El

37 b) If yes in 7 (a), how does he do it and to what extent?

8 a) Does external forces like advertisers and politicians interfere with your work in any way?

Yes No

b) If yes in 8 (a), how and to what extent?

9 a) Do you think media self censorship and other external forces is good for the industry and the journalism profession?

Yes No El

b) Explain your answer in 9 (a)

10. Which of these two is top priority for Daily Monitor?

Profit maximization In Disseminating and educating the public El

11. To what extent do you think media content affects and influences the masses?

To a larger extent El To a smaller extent El

12. What is your verdict on the content on Ugandan media today?

Thank you for your cooperation~

38 B: INTERVIEW GUIDE Good morning Sir/Madam, My name is Muhumuza Joel, a student of Kampala International University. I am carrying out a research study that is meant to find the Freedom of expression faced by print Media. The research study is mainly to fulfill the requirements of the award of a degree of Kampala international University. Therefore, the information obtained will be treated with utmost confidentiality. PART A (personal data) 1. Age (21-24, 25-30, 31-45, 45 and above.) 2. Sex (Male, Female.) 3. Marital Status (Married, Single.) 4. Level of Education (certificate, Diploma, Degree, Masters, Others.) 5. Department! position held at work. 6. Work experience (less than 5 years, more than 5 years, over 8 years.) PART B (Research Questions) 7. Does your self censorship in the media influence your work in any way? 8. Do external forces like advertisers have a say in the way you work? 9. Do you think media self censorship and external forces is good for the industry and the journalism profession? 10. Is Freedom of expression a top priority for Daily Monitor? 11. How would you describe the kind of content on the Ugandan media today?

39 APPENDIX II: TIME SCHEDULE OF THE STUDY

ACTIVITIES MONTHS/YEARS

Proposal writing and submission September 2013 - December 2013

Data collection and analysis January 2014 - February 2014

Dissertation writing March 2013 - June 2014

Dissertation submission May 2014

40 APPENDIX III: BUDGET OF THE STUDY

Items Quantity Amount UGX

Printing proposal 3 copies 80,000

Binding proposal 3 copies 50,000

Transport 2 weeks 40,000

Food 2 weeks 50,000

Printing dissertation 3 copies 100,000

Binding dissertation 3 copies 50,000

Contingency funds 1 week 25,000

Photocopying questionnaires photocopy 15,000 and interview guides

TOTAL 410, 000