m e d i a and elections Page 1 Publisher FOREWORD Media Development Foundation P.O.BOX 21778, Early in 2011 the Ugandan people will be called to vote in the PLOT 976, MUGERWA ROAD BUKOTO Parliamentary and Presidential elections, the fourth elections after Tel:+256 414 532083 the promulgation of the 1995 constitution and only the second Email: [email protected] under the new multiparty dispensation. The media has a crucial Website: www.umdf.co.ug role to play in this process - before, during as well as after the elections - since they provide information for the voters and help Project Editor creating transparency in the electoral process. Gertrude Benderana Only informed citizens can effectively practice their democratic Tel: +256 772 323325 rights, and a pre-condition for an informed choice of the voters is Email:[email protected] a free and vibrant media landscape. The media provide a platform for the people to get to know the available alternatives and learn UMDF National Coordinator about the different candidates and what they stand for. At the Mathias Mulumba Mayombwe same time, the candidates and parties competing for power can Tel: + 256 752 964448 actively use this platform for reaching out to the voters and getting Email: [email protected] their messages across. However, for the media to effectively fulfill their democratic role, UMDF Chairman particularly during times of election, a number of challenges have James Kigozi to be managed. This includes ensuring responsible conduct of Email:[email protected] journalists and adherence of basic principles and quality standards Photo credit: All pictures courtesy of the New in reporting, as well as promoting a free environment for objective Vision printing and publishing corp. reporting and working on a constructive relationship between the media and political actors and state agencies. Editors Promoting an independent and professional media is an important John Baptist Wasswa component of the work of the Konrad-Adenauer-Stiftung (KAS) in Tel: +256 782 294 777 Uganda. KAS has been active in the country for more than three Email: [email protected] decades in the areas of promoting democracy, good governance, [email protected] human rights and the rule of law. In light of our approach of providing support to local initiatives and cooperating with Adolf Mbaine indigenous organizations in Uganda, a strong long-term partner Tel: + 256 782 396551 like the Uganda Media Development Foundation (UMDF) plays Email: [email protected] an important role for achieving the common goal of a peaceful, [email protected] democratic and prospering society. For more than 15 years KAS and UMDF have been implementing Funding various activities together in order to empower media practitioners Special thanks to Konrad Adenauer Stiftung by training their professional skills, promoting an enabling for their immense financial assistance. KAS environment for a free and vibrant media and enhancing awareness is located on Plot 51 A, Prince Charles Drive, among political and other stakeholders on media-related issues. Kololo, P.O. Box 647 Kampala, Uganda In 2010, the specific focus of the trainings for journalists conducted Tel: +256 414 25 96 11 by UMDF with support from KAS was “Elections Reporting” and www.kas.de/Uganda in this light it is a logical step that the first edition of this journal Uganda Media Review is dedicated to the same topic. The Design & print publication of this journal – the first of its kind in Uganda – marks Media PH limited another milestone in the cooperation between KAS and UMDF. Email: [email protected], The Konrad-Adenauer-Stiftung wishes to express sincere gratitude Tel: +256 0312 371217 to UMDF for the many years of fruitful cooperation. Our special thanks go to the authors who contributed articles to this journal and to the staff members of UMDF without whose commitment Copyright and good work this publication would not have been successfully We consider the stories and photographs realized. submitted to Review to be the property of their creaters, we supply their contacts so that you can source the owner or a story or photograph you might like to reprint. Our Peter Girke requirement is that the reprint of a story Country Representative should carry a credit saying that it first Konrad-Adenauer-Stiftung Uganda appeared in the Uganda Media Review.

Page 2 UGANDA MEDIA REVIEW CONTRIBUTORS

GERTRUDE BENDERANA GAWAYA TEGULLE

Gertrude Benderana is the UMDF Media and Gawaya Tegulle has since 1995, worked variously Democracy Project Manager with an experience as a political writer and editor for The People, The of 6 years in media development and 4 years in and The newspapers. He active journalism. She has also worked on several has also been a political talkshow host on radio projects aimed at endowing journalists with skills and television, with spells at WBS, NTV and UBC to create a positive impact in society. As a creative televisions; plus Impact FM and Radio One. He writer, some of her works are found on her personal currently hosts Deadline and Matters of Policy on blog at http://wwwafricantrudy.blogspot.com. You UBC Television and Agenda 2011 on Impact FM. could contact her at umdf. [email protected] He is a lawyer and journalist by training. [email protected] MOSES SSERWANGA ADOLF MBAINE Moses Sserwanga has 17 years working experience in Journalism having served as a war reporter and assistant news editor at The New Vision and now Adolf E. Mbaine holds an MA in Journalism and serving as Saturday and Sunday Monitor Editor. Mr. Media Studies from Rhodes University and has been Sserwanga is also an advocate of the High Court teaching at the Department of Mass Communication of Uganda with vast experience in human rights, at since 1996. He specializes in commercial, environment law and civil litigation. media policy and regulation. He is also the Managing He has written many articles about human rights, Director of Vachi Communications Ltd, a media and rule of law and good governance issues. Some of communications consultancy firm. He is a doctoral his articles can be found on his blog: msserwanga.blogspot.com student at Rhodes University. and he can be reached on email: [email protected] or [email protected] JOHN KAMYA BENON OLUKA John Kamya is an Assistant Commissioner of Benon Herbert Oluka, 27, works as a special Police in Charge of the Training Planning Unit in the projects writer at the Daily Monitor Newspaper. Uganda Police Force. He has worked in different He started practising journalism professionally in departments of the police for the last 16 years. 2004 and has a special interest in reporting human He holds a BA in Social Sciences, MA in Human interest stories. Rights and a Post Graduate Diploma in Mass Communication all from Makerere University. He is currently a PhD Student at the same in the field of Human Rights.He is a published author in academic journals and book titles. [email protected]

ANN MUGUNGA HARUNA KANAABI Ann Mugunga is a Lecturer in the Department of Mass Communication. She holds a BA Mass Haruna Kanaabi is the Executive Secretary of the Communication from Makerere University, and Independent Media Council a self regulatory body an MA International Communications from the for the media in Uganda. Prior he was Coordinator University of Leeds (UK). She is majorly interested of the Eastern Africa Media Institute Uganda in the print media, both paper and electronic, the Chapter and was Secretary General of the Uganda challenges of a changing print media landscape, Journalists Association. He was the editor of the public affairs journalism, and media regulation in defunct The Shariat newsletter from the early nineties Uganda. Her research interests are in media regulation, media to early 2000. He is a strong advocate of media self- freedom, and international communications. regulation and freedom of the press in general. Email: [email protected] [email protected]

J.B.WASSWA DENIS JJUUKO

John Baptist Wasswa is lecturer in the Department Denis Jjuuko, a former United Nations media of Mass Communication at Makerere University. consultant holds a MA Journalism and Media His teaching areas include News Writing, Public Studies (Rhodes University) and a B. Mass Affairs Writing and Media Ethics. He has worked as Communications (Makerere University). He has News Editor at the New Vision, Managing Editor of consulted for several organisations including GTZ, the Daily Monitor, Editor of the Weekly Topic and Greenpeace, Baylor College of Medicine Children’s Consulting Editor at the Pepper Publications. He Foundation, Health Development Network, Blue holds a BA. and Dip in Education from Makerere, Finance, and BAT among others.He previously Postgraduate Diploma in Mass Communication from the worked as a journalist and continues to publish articles in University of Nairobi, a Masters in Journalism and Media Studies newspapers and other publications. He also teaches journalism from Rhodes University, South Africa and Postgraduate Diploma at Nkumba University in Uganda. You can contact him at djjuuko@ in French Language and Literature from L’Universite d’Aix-en- primetime.co.ug. Join him on Facebook and Follow him at Twitter Provence, France. His research interests include journalists’ (@Denis_Jjuuko). performance under public media, audience studies and representation. He is also a media training consultant. Email: [email protected]; [email protected] JOHN BOSCO MAYIGA John Bosco Mayiga is currently pursuing Ph.d ALLAN SSEKAMATTE Studies in the University of Western Ontario. He holds an M. A. Journalism and Media Studies, Allan Ssekamatte is the Education, Jobs and Rhodes University, South Africa. Mayiga is a Career Editor at Daily Monitor. A journalist with 17 media and governance analyst, with skills in media years experience, he has previously worked with law and policy analysis and their implications to The Frontier Post and The News (Pakistan), as well governance.Through experience and education, he as KFM Radio and WBS TV as a sports telecaster has helped build country wide media networks in [email protected] form of regional journalists’ associations as a forum for engendering a form of journalism that responds to the needs and demands of good governance.

m e d i a and elections Page 3 CONTENTS

Editorial...... 5 Rethinking police-media relations ...... 6 Bimeeza revisited...... 13 The actor-broadcaster, riots and the future...... 17 What media guides for 2011?...... 22 Making sense of proposed media laws: Gawaya Tegulle’s perspectives...... 26 Moses Sserwanga’s perspectives...... 27 Depth reporting takes a flight...... 32 A case for self-regulation...... 37 Twittering the 2011 Elections...... 41 Watching over the watchdog...... 44

Page 4 UGANDA MEDIA REVIEW EDITORIAL

A New Platform for Debating Media

or the last 10 years, Uganda Media Development Foundation (UMDF) has maintained its profile as the most consistent media organization in addressing Fmedia development issues in the country. From the mid-career journalism trainings throughout the country to the media policy dialogues on pertinent media policy issues, UMDF has been a leader in the in the industry. However, there has been a conspicuous lack of a regular publication that contextualizes media development issues within the broader democracy and development trends of the country. This is despite the fact that globally there is growing recognition of the intrinsic connection between media and democracy and ultimately the well being of societies. This gradual recognition has given rise to initiatives such as the African Media Initiative (which focuses on strengthening the economic sustainability of media as well as news organisations), the Global Forum for Media Development (which campaigns for the integration of the media sector within the mainstream development assistance), as well as a research initiative funded by the British Broadcasting Corporation Trust that examines strategies of integrating media development within international broader policy objectives, and many others.

In Uganda there have been many media trends that have implications both to the development of the media itself, and to the development of democracy. Many of these trends have disappeared before they could be properly analysed and stored in a preservable form because of lack of a forum. Trends such as the growing closure of media space, the fast growth of the telecommunications industry and what it means for the media, as well as the proliferation of media outlets in form of radio (with its implications for the definition of journalism) require deeper analysis for the industry as well as policy makers to make sense of them, and inform further action. Further, the growing de-professionalisation of the traditional media through the expanded freedoms of individuals to generate and access information through Web 2.0 tools and 3G technologies, as well as the continued discard of professional media ethics similarly require deeper analysis if we are to make sense of them.

The Media and Democracy Journal therefore will be a rare opportunity and forum to make sense of the media industry in Uganda, and link it to other sectors of society through informed analysis. On top of what UMDF is already doing, we hope that this initiative of a publication, jointly undertaken by UMDF and the Konrad Adenauer Stiftung (KAS) will add a new dimension to understanding the media in Uganda and the interconnections with global trends, through rigorous analysis and contextualization.

This maiden issue focuses on debates about the forthcoming elections and the related issues of mediating elections related politics. Authors examine a range of topics: from relations with Police, to the climate of fear in newsrooms, growth of hybridity in radio content and presentation, to the way social media will change the way we tell the election story.

We also hope that it will generate conversations between the media and other sectors, and ultimately contribute to a vibrant media culture that is relevant to the needs and aspirations of the people of Uganda.

John Bosco Mayiga University of West Ontario

m e d i a and elections Page 5 RETHINKING POLICE-MEDIA RELATIONS Introduction roles; checking and reporting excesses helps the electorate to choose the of government, its officials and any other right candidates basing on credible he general elections that will public official or any matter of public information provided by the media. be conducted in February are concern or interest. Understanding the Ta landmark event in Uganda’s role of the media is crucial for all of us. Police role in democratization process. However, That the media have a duty to inform even though the elections will take the public, and to play the role of a ensuring smooth place in February, the political watchdog, is a good thing for the police. elections activities preceding the general When police does good things, the Policing is a worldwide concept and elections have already started and media will publicise them. That alone dates as far back as civilization itself. will continue through the months motivates police to do better. And if the The word police emanates from the of October till May 2011 when the media act as a watchdog to the police, word politic, which means politic, and elected president is expected to be then the police has an opportunity to refers to wise and showing the ability sworn in. During this period however, reflect on their excesses and correct 2 the Police is expected to ensure that to make the right decisions, thus them. Ralph C. (2007) had this to say in civilization. Even before the coming into there is law and order during the respect to media/police relations: exercise. That is its mandate. On the existence of the modern state, there was some form of policing. There was other hand, the media will have to Reality has to be faced: the media ensure that the public is informed of kin policing with its penchant for blood and the police are dependent what is going on during the exercise, feuding and traditions of tribal justice. upon each other. The media and to educate the masses of their needs the police roles. In fulfillment of each other’s to gain information During this time of heightened political mandate, as experience has shown, activity, police and the media are two players clashes between the two parties on crime and other with unique mandates. Police must keep appear inevitable. matters of pubic interest; the police law and order; the media must inform and The activities of the police generate need the media to educate the public. interest and news. The media then seek public support John Kamya explains that the two need not have a duty, or pick an interest in for crime prevention conflict, but rather complement each other. reporting these events or news. and detection, and Sometimes the police may not like to communicate information “Many pre-civilized villages or the way the media report these news, widely to the public. The media and communities are believed to have had or may want the media to report the press are often the first to receive a rudimentary form of law enforcement news in a particular way. Similarly, reports from citizens, of police (morals enforcement) derived from the the media will want to report some misconduct. Criticism of police by power and authority of kinship systems, news that the police may not want the press or other media should rule by elders, or perhaps some form published. The police may try to make not always be seen as a threat. It of totemism or naturism.”3 With the it difficult for the media to report these should be seen as an opportunity events, either directly or indirectly. All coming into existence of some form to examine procedures to see if 4 these actions create conflict and may of state formations, ancient rulers there is a training need, and to affect each party’s ability to fulfill its almost always kept elite, select units redress matters that may be of mandate, as well as the public’s right (bodyguards) close at hand to protect public concern.1 to information. them from threats and assassination attempts, and it is argued that the first Police and the media need to This nature of cooperation is inevitable known civilization (Egypt) was a police appreciate each other’s roles and not and should just be enhanced for the state.5 to trade mutual suspicion. two organs to fulfill their mandate effectively. During the forthcoming Organised policing as seen today Media role in elections, the media are expected cane with the modern state. Every ensuring smooth to keep the public informed of the community needs police and we just ongoing political activities, campaign have to learn to live with it. The police in elections trends and incidents. They are also 2 Cambridge international Dictionary of Eng- expected to inform the public about lish. The media organizations are set the different candidates and what they 3 The History of Law Enforcement: http://www. up to gather news, information and intend to offer to the electorate. This realpolice.net/articles/police-history/history- disseminate it for the purpose of of-law-enforcement.html, retrieved on 29th 1 Ralph C. Et a l. (2007). Human Rights and Sept. 2010. educating, informing and entertaining Policing. Martinus Nijhoff Publishers. Leiden/ 4 Mainly kings or kingdoms. the public. Media also play watchdog Boston,. 5 History of Law Enforcement. Op cit.

Page 6 UGANDA MEDIA REVIEW RETHINKING Uganda has existed since 1906. It was first called Police POLICE-MEDIA under the Council of Inspector General of Police (IGP). The Police Force was RELATIONS for inspection purposes under the control of the officer commanding the troops and had been, to all intents, a military organization meant to ensure the attainment of the colonial masters’ interests. It was operating under unknown duties, laws and the number of the personnel was not known.

Today, the Uganda Police force is established under Article 211 and its functions are provided for under Article 212 of the Constitution of the Republic of Uganda. Art. 211 states: “There shall be a police force to be known as the Uganda Police Force and such other police forces as parliament may by law prescribe.” Article 212 spells out the functions of the Uganda Police Force to include:

• To protect life and property;

• To preserve law and order; Former Police Spokesman, Simeo Nsubuga stressing a point to a • To prevent and detect crime and; journalist at a past encounter. to co-operate with the civilian authority and other security during elections and to investigate that many members of the police force organs established under and charge all those persons that may do not understand the role of the media. this constitution and with the commit electoral offences. Section 42 of Media will not cover the police when population generally. the Presidential Elections (Amendment) there is no activity going on. The police Act, 2010 provides for appointment should know that their operations and In addition to the Constitution, Section of election constables at all polling the way they conduct them generate 4 of the Police Act provides more stations whose role is to ensure peace, news and therefore generate media functions of the police to include: law and order at the polling station. In interest, and that the media has a fulfillment of the above obligations, the responsibility and a duty to inform the • To protect the life, property and police employ various means, some of public of these events. other rights of the individual; which may be the use of force7 to fulfill The Police Withhold Information and • To maintain security within its mandate. Uganda Refuse to give Comment What media dislike • To enforce the laws of Uganda about Police On many occasions the police withhold information and refuse to • To ensure public safety and give comment to journalists about order The Police do not like Media Coverage in the Middle of an Action particular events. This brings conflict • To prevent and detect crime in between the two parties. Police officers the society One of the common areas of conflict at most scenes may not be authorized to speak to the press, yet journalists • Subject to section 9,6 to perform between the police and the media is the want to authenticate information by the services of a military force fact that police officers do not like being talking to the police officer(s) at the and; covered while in action. We have seen scenes where, in the middle of police scene. When officers refuse to give • To perform any other functions operations, when the media shows up comment, the journalists are forced to assigned to it under this Act to cover the events, the police gets speculate, or write their own opinions upset and assaults the journalists and/ of what actually could have happened, Several electoral laws mandate the or smashes their cameras. or get information from unofficial police to keep peace, law and order sources such as onlookers. When this 6 Section 9(g) of the Police Act empowers the This is a big misunderstanding on the information is published and the police Police Authority to empower the police to part of the police and a clear indication consider it inaccurate, the two parties perform the services of a military force. 7 Authorized by law.

m e d i a and elections Page 7 are driven into confrontation. As we even where they had sought comment Press Freedom as a shall see in the way forward, media- from police officers. human right police relations could be improved if The Press Reports only cover the police administration gave some What is Media Freedom? authority to its officers to comment on negative stories about the Police facts of events as they happened, and Media freedom is a fundamental The Police have sometimes expressed only prohibit them from commenting on principle in a democratic society, and a dissatisfaction over the way the media policy matters. human right. It is one of the yardsticks covers its activities. The general feeling used to determine whether a particular is that the police does lots of good The Police is not honest? state is a democracy or a dictatorship. things; rescuing victims and arresting The media act as the voice, mouth, eye The media has accused the police of offenders, guiding demonstrators and ear of the society and a medium lack of honesty in some instances. and directing traffic, but these are not through which society can express Journalists accuse Police of denying emphasized or given prominence. their grievances, demand services wrongs they commit like the use of Instead, the negative stories of high and get information to make choices excessive force. The ‘Kiboko Squad’8 handedness, individual officers and decisions. In times of political is a case point. The media claims the receiving bribes, etc are the ones campaigns and elections, the media squad operates with the knowledge that make it to the front pages. Police plays a big role in providing information of the police. The Uganda Police officers tend to think that the media is to the people which they in turn use Force’s official position is that they only looking for faults. to make informed decisions of which have no connection. Sometimes police candidates to elect into leadership officers have been accused of denying The Police Arrests Journalists and positions. comments they purportedly made to Prosecutes them the press. These acts bring disharmony and erode trust between the media and Sometimes when the police police. arrests journalists and/or even take them to court, The Media give Wrong Information this brings conflict. The journalists expect the police The Police have accused the media to understand their role and of sometimes publishing wrong leave them to perform it information. In March 2010, in the without threat of arrest and aftermath of the Kasubi tombs fires, prosecution. However, the a local tabloid published a story Police say that journalists which indicated that the police’s CID cannot be allowed to exceed had summoned to its headquarters their limits and commit and interrogated for five hours, the offences punishable by law. Katikkiro (Prime Minister) of Buganda and his senior ministers. The story was Raiding Media Stations AIGP Kasingye faces a barrage of questions from so well crafted, describing how the journalists in September 2010 Buganda officials arrived at the CID The phenomenon of the Media freedom is a human right offices and how they were ushered in, police raiding media houses is not and is directly related to freedom including purported quotations from uncommon in Uganda. In April 2008, of expression, freedom of speech, officials. But all this was later found to the police raided the offices of the Independent magazine in Kampala freedom of conscience and freedom be untrue. In this particular case, the and arrested four journalists Andrew of association. Press freedom is so police blamed the media house for not Mwenda, Odoobi Bichachi, Njoroge central to social existence the world seeking clarification on the information and Joseph Kiggunda; over seditious over that the first amendment to contained in the story despite the fact offences.9 Several similar raids have the American constitution aimed at that the story touched the police, yet the occurred at the Monitor newspaper protecting it from any kind of violation. police spokespersons, as well as CID and some radio stations. To the media, It read: “Congress shall make no law officials were just a phone call away. It is this is an unacceptable behavior by respecting an establishment of religion, these kinds of false stories that usually the police. The police, however, have or prohibiting the free exercise thereof; cause friction and misunderstandings a duty to move to any place where an or abridging the freedom of speech, between the police and the media. offence has been committed, and arrest or of the press; or the right of the In a meeting held between the police suspects, irrespective of whether it is a people peaceably to assemble, and to and the media in October 2010 in media house or not. petition the Government for a redress of Kampala, police officers expressed the grievances.”10 same sentiment, accusing the media of 9 Morris D.C. Komakech, Uganda: was Sir twisting facts to suit their own interest Baker Rights to Call Us Savages? The Daily 8 A group of stick welding men that have Monitor of 30 April 2008. Retrieved from 10 The US Constitution on Line: Amendment been seen whipping participants of political http://allafrica.com/stories/200804301127. 1 - Freedom of Religion, Press, Expression. demonstrations. html on 29th Sept. 2010 Ratified 12/15/1791. Retrieved from http:// www.usconstitution.net/const.html#Am1

Page 8 UGANDA MEDIA REVIEW This means that in the American understand the role of the media Is Media Freedom Absolute? jurisdiction, any law that may be in national life and change attitude crafted, which infringes on these towards the media accordingly. Media freedom is not absolute, it freedoms would be automatically ruled can be regulated. However, the term unconstitutional. The Rationale for Media Freedom is regulation, not curtailing. And this regulation should be through legislation. In Uganda’s case, Article 29 of the Media freedom is the basic principle of In media law, there is legislation which national Constitution provides for public communication and it is regarded is intended not to be a guide but a protection of freedom of conscience as a principle from which other benefits legal framework to make journalism expression, movement, religion, of communication should flow. It is a profession.13 This is in view of the assembly and association. Sub section primarily referred to as free expression. freedom of the press which is derived 1(a) specifically provides:“ every person It is a necessity for media practitioners. from the constitution. shall have the right to freedom of There are three issues that are germane speech and expression, which includes to media freedom: This calls for journalists to know that freedom of the press and other media.” when they are reporting in real life, they • Structural conditions: e.g. laws should separate facts from speculation, and regulations should not Many international and regional human facts from commentary. This is intended curtail press freedom rights instruments to which Uganda to allow the audience to reach an is a signatory protect press freedom. • Operational conditions: e.g. Its informed opinion or conclusion. Media Article 19 of the Universal Declaration of real independence from people freedom can therefore be restricted. Human Rights (1948) states; “everyone like advertisers. However, this restriction should be has the right to freedom of opinion and legitimate, reasonable, proportional and • Opportunities within expression. This right includes freedom acceptable in a democratic society.14 communities to gain access to hold opinions without interference to information: Opportunities and to seek, receive and impact for people to listen to radios Way Forward information and ideas through any to watch TVs and to read media and regardless of frontiers.”11 In order to have a smooth working newspapers, and therefore, the relationship between the police and the opportunity for journalists to In the same vein, Article 19 (2) of the media during the forthcoming elections, collect the information freely International Covenant of Civil and and indeed at all time, a number of which they later disseminate. Political Rights (ICCPR) emphasizes initiatives have got to be undertaken. this right. In addition, Article 9 of the African Charter on Human and People’s Requirements for the Journalists need to stick to Rights (ACHPR) emphasizes the right of enjoyment of press professional ethics every one to receive information and to freedom express and disseminate their opinions One of the major causes of conflict within the law.12 • There should be no Censorship: between the media and the police is The media has got a right to the failure by the journalists to stick to Freedom of expression is a fundamental publish and disseminate news their professional ethics. The public and right of every individual and by virtue of to the public and should have the police expect journalists to be well the fact that this right extends to the no obligation to publish what it trained individuals and to know how to press and other media; it refers to the does not wish to publish or to conduct their business professionally. right to print and publish the truth for leave out what it does not wish The journalism profession has been good motives and justifiable ends and to leave out. invaded by many masqueraders, who to be able to do this without any form • There should be equal rights of have not undertaken any professional of restraint. citizens to news. training in journalism, but go on and work for the media houses. Today, the The essence of the right is to enable • There should be access for electronic media, especially radios, the public to voice their grievances the press to gain information employ comedians and artists as and to act as a check against potential from relevant sources. e.g. the journalists to make jokes that keep governmental abuse. It is in this respect police or any other government the audiences smiling and advertising that media freedom is one of the pillars agency, should not hinder some money coming in. These employees of democracy. information from the press. do journalism work in total disregard of • There should be an active and professional ethics. They host one sided Therefore, all organs of the state, critical editorial policy and talk shows, or discuss persons in their including the Uganda Police Force opinion. The editors have a absence, without giving such persons should respect and promote media responsibility to decide what a chance to defend themselves. What freedom. This calls for the police to stories are newsworthy and happened to fairness and objectivity? 11 Uganda is a signatory to the Universal Decla- those that are not. 13 In Uganda’s Case, the Press and Journalist A ration on Human Rights 1948. and the Electronic Media Act. 12 Uganda ratified the ICCPR in 1995 and the 14 See Article 43 of the Constitution on accept- ACHPR in 1986. able limitations to human rights.

m e d i a and elections Page 9 The truth is very rare in today’s Article 4 requires law enforcement Although police officers have a personal journalism as many false stories make officials to keep confidential matters of a responsibility to observe these codes, their way into print and the air waves. confidential nature which come into their the larger responsibility lies on the police Journalists therefore need to think more possession, unless the performance leaders, commanders and supervisors seriously about professional ethics of duty or the needs of justice strictly to ensure that their charges do not fall if they are going to be helpful to the requires otherwise. Article 5 asserts short of established ethical standards. electorate during these elections. the absolute prohibition of torture In this regard, Ralph (2007) remarked: or other ill-treatment. “It also states Police Officers need to stick to their that no law enforcement official may Police leaders are acutely aware Professional Ethics invoke superior orders or exceptional that police officials under them circumstances such as war or a threat need guidance and support in Similarly, police officers need to stick to war or a threat to national security as order to cope with the various to their professional ethics while a justification for torture”16 conflicting pressures they conducting their business. That way, face. Police officials need to they will not be afraid of the media Article 6 requires law enforcement understand, without any doubt capturing their actions on camera, officials to ensure full protection of whatsoever, that neither the or publishing them in newspapers. the health of persons in custody while community, nor their colleagues, There exist internationally and locally article 7 prohibits law enforcement nor their senior officers, nor established standards for ethical and officers from committing any acts political leaders expect or require legal police conduct. These standards of corruption. Article 8 requires law them to break the law or to violate are based on three fundamental enforcement officials to respect the human rights in order to do their principles which demand that law law and the Code and to prevent any job. Support for, and insistence enforcement and the maintenance of violation of them. They are also required on, lawful and ethical policing public order must be compatible with: to report any violation of the Code. must come from all of those sources and especially from • Respect for and obedience to The provisions of this code are the law senior police officers. They have further translated into the Uganda a particularly heavy responsibility • Respect for the dignity of the Police Disciplinary Code of Conduct to establish and maintain high human person established by Section 45 of the Police ethical standards within police Act –Chapter 303.17 All these provisions, organizations. In particular, police • Respect for, and protection of, when well followed would guide police human rights15 leaders need to consider the officers to conduct their business well, example they set by their own without fear of media coverage. What The above principles are expressed in behavior; the way in which they often brings problems is when the officer Articles 2 and 8 of the United Nations respond to unlawful and unethical is aware that what he/she is doing is Code of Conducts for Law Enforcement behavior of colleagues or wrong and therefore, if the media goes Officials (1979). This Code is part of the subordinates; the ways in which ahead to report it, would cause him/ ‘creed’ of every law enforcement official they can protect subordinates her trouble. The resultant action is the and is enforced through education, from external pressures to act officer refusing the journalist to cover training and monitoring. This Code has improperly; and the totality of the event, or trying to grab the cameras 8 articles, summarized as follows: measures they can adopt to and remove the film/card, or dismantle maintain high ethical standards 18 Article 1 requires law enforcement the gadgets so as to kill evidence, or within police organizations. officials to fulfill the duty imposed on harassing the journalist into fearing to them by law. Article 2 requires law publish the materials. The police leadership therefore has to enforcement officials to respect and 16 Ibid. be at the forefront of promoting good 17 The Code gives the following as obligations media/police relations and ensuring that protect human dignity and maintain and of a police officer in Uganda: a) Not to use uphold human rights. Article 3 requires the authority of his or her office for undue the two institutions work harmoniously. law enforcement officials to use force gain; (b) not to take away the liberty or rights They need to ensure that all police of any person without reasonable course; (c) only when strictly necessary and to the officers understand fully their legal not to convert property of any person or any powers as well as the rights of citizens, extent required for the performance of property which comes to his or her custody their duty. The commentary to this article by virtue of his or her office; (d) to treat ensure that police policy and strategy humanely all persons at his or her disposal refers to the principles of proportionality and orders to subordinates take into without discrimination; (e) not to receive any account protection and promotion of in the use of force and asserts that undue gratification for services he or she is the use of firearms is considered an expected to render by virtue of his or her human rights and freedoms, ensure that extreme measure. employment; (f) to conduct himself or herself reports and complaints of harassment in a most decent and dignified manner at all of journalists (and citizens generally) times as an example for orderliness and law are fully and properly investigated, and 15 UNHCHR, 1997. Human Rights and Law abiding; (g) not compromise law enforce- Enforcement: A Manual on Human Rights ment on account of relationship, patronage or culprits punished, and develop and Training for the Police. United . Nations. New any other influence; (h) to treat all diplomats enforce codes of ethics, standing orders, York and Geneva. p. 37. and foreign nationals with courtesy; (i) not to consume alcohol in a public drinking place, 18 Ralph C. Et a l. (2007). Op cit while on duty or in uniform or in possession of a weapon.

Page 10 UGANDA MEDIA REVIEW or standard operating procedures that do not seem to fully understand the role a breakfast dialogue on the future of incorporate internationally acceptable and workings of the media and continue police media relations with focus on human rights and freedoms. to view them as ‘antagonistic,’ while the forthcoming 2011 elections. The the media too may not understand dialogue took place at Imperial Royale Need for a progressive police media the police strict code, discipline and Hotel in Kampala. From the media relations policy bureaucracy. The solution to this is side was editors and journalists from education and training on both sides. different media houses whose lead One of the main impediments to Between 1997 and 2004, I run a column spokesperson was Betty Dindi from journalists’ work is refusal by police ‘Crime Watch’ in the New Vision, a NTV. From the Police side were senior officers to speak to them about issues leading local daily. In one of the issues, I police officers from police headquarters, of interest to the media. The police interviewed the chief of traffic about the Regional Police Commanders and officers often cite restrictions on them to express penalty scheme for motorists other senior officers led by Assistant speak to the media, referring journalists that was about to be introduced. The Inspector General of Police Asan to the Inspector General of Police, interview was granted but on condition Kasingye, who holds the docket of or to the Police Spokesperson. This that the police chief had to see the Chief Political Commissar in the Uganda emanates from the strict nature of the article before it was published. Police Force. In her address, Betty Dindi police organizational discipline which indicated that some of the perceptions is traditionally similar to the military. Scared, I tried my best to get a copy of of the media towards the police were Secrecy and confidentiality are key the typeset article and brought it to him. that most members of the police are virtues. However, to break this traditional Although the article reflected what he illiterate, ignorant of current issues and barrier, and to especially facilitate a had told me, he was not amused about of the role of the media; in addition to smooth political campaign and election its title. He wanted it changed. But being intolerant, corrupt and bent on process, the police leadership needs to this was a title chosen by the features pleasing the current government. AIGP give some power to police officers at editor. I had absolutely no means to Asan Kasingye on the other hand, said the scene of events to give comments have the editor change it. So, I resorted that some of the perceptions of the to the media when required. This can to educating the traffic chief about the police towards the media were that be in form of describing what has taken workings of the media house and how the media is there only to criticize the place at a political rally or a polling he or I had no power to influence the government; and that the media twists station, how many people are injured or title of the article. The article came out facts to suite their own editorial styles dead in case of an accident and what the following day, and because he had and therefore cannot be trusted. At the is being done to bring the situation to an idea it would run, I got no bashing end of the dialogue, both sides agreed normal. from him. Quite clearly, this police that these were just perceptions which officer had no knowledge of how the are not necessarily true, but are capable The officers in the field should only be media worked. of straining police media relations. Both prohibited from commenting on policy sides pledged to work together to matters. This calls for a proper police Police officers therefore, need to learn eliminate these illusions. media relations policy within the police. about the role of the media and how it The policy should spell out which level conducts its business. The Media too This kind of dialogue is healthy and of police command should comment of need to learn about the police and how should be encouraged especially which kind of events. The Uganda Police they do their work. Police jargon, if not throughout the electoral period.19 It is in Force has done somewhat well in this well used by the media, can bring out these kinds of meetings that falsehoods area by posting spokespersons to all a totally different meaning and become can be dispelled and solutions sought regions, and by empowering Regional problematic. For example, if the police for any kind of animosity that may Police Commanders and District Police release a suspect on police bond, and arise between the two parties. During Commanders to speak to the media. the media reports that the police have the heat of the campaign and election However, the police need to extend ‘set free’ the suspect, this can create period, the dialogues should even be this authority to lower commanders problems. It has also been common more frequent.. and should empower even the lowest practice for the media to misrepresent ranking officer (a police constable) to ranks of senior police officers, calling Need for open two-way channels of be able to give comment to the media. an AIGP and AIP. An AIGP (Assistant communication Officers can only confidently practice Inspector General of Police, is a very this if it is spelt out in a clearly written high ranking officer) an AIP (Assistant During the 2011 elections, and the policy. Inspector of Police, is a relatively junior campaign period that precedes it, there officer). Sometimes the media calls is need for the police and the media Need for Joint Training in Police/ Inspector General of Police, Inspector to keep channels of communication Media Relations of Police! open at all times. The police may have 19 The meeting agreed that the breakfast dia- As stated earlier, one of the major Dialogue sessions logue should be held once every month, and impediments to smooth police media also suggested a joint retreat between the relations is the lack of understanding of On Monday 4th October 2010, the police and the media. the workings of either party. The police police and members of the media had

m e d i a and elections Page 11 to increase its frequency of media briefings from weekly to Goretti Linda Nassanga (Ed.) 2003. The East African Media probably daily. Operational officers should be able to talk and Globalisation: Defining the Public Interest. Mass to the media when the latter requests for the information. Communication Department, Makerere University, Kampala. The police should establish telephone hotlines in its Public Relations Department for handling election related Mackie, J.L. (1977). Ethics: Inventing Right and Wrong. information requests. Manning the hotlines should be police Harmondsworth, Penguin. officers with proper communication skills and in touch with Maduagwu, M.O. (1987). Ethical Relativism Versus Human operational officers in the field in the whole country so as to Rights. Vienna. Third World Centre. give details of or comments on events quickly. The media should also be ready to help the police by passing on Ralph C. Et a l. (2007). Human Rights and Policing. Martinus information, guidelines and appeals that the police may want Nijhoff Publishers. Leiden/Boston,. communicated to the voters, politicians and their agents or UNHCHR, 1997. Human Rights and Law Enforcement: A to the nation at large. That way, both parties will be able Manual on Human Rights Training for the Police. United . to serve their audiences well and will emerge as stronger Nations. New York and Geneva. p. 37. partners in the future.

Conclusion Internet Sources Komakech, M. D.C. 2010. Uganda: was Sir Baker Rights The police and the media are expected to play a pivotal to Call Us Savages? The Daily Monitor of 30 April 2008. role in the forthcoming 2011 political elections. The police Retrieved from http://allafrica.com/stories/200804301127. are expected to provide security and ensure that the whole html on 29th Sept. exercise is conducted in a lawful and orderly manner. The The History of Law Enforcement: http://www.realpolice. media on the other hand, are expected to inform the public net/articles/police-history/history-of-law-enforcement.html, about the available choices so that people cast their votes retrieved on 29th Sept. 2010. based on informed decisions. They are also mandated to inform the public of what is going on around the country The US Constitution on Line: Amendment 1 - Freedom of by reporting on events. These two roles of both parties are Religion, Press, Expression. Ratified 12/15/1791. Retrieved very important, and what we want to see is a cordial working from http://www.usconstitution.net/const.html#Am1 relationship other than squabbles and fights. Legal Instruments A harmonious working relationship however, does not come freely. Both parties need to invest lots of energy and The Press and Journalist Act recourses to achieve this. The time is now to put in place The Electronic Media Act the necessary elements that will facilitate this relationship. Dialogue, smooth flow and quick provision of information and Law and the Media sticking to professional ethics are all crucial in this exercise. The Police Act Cap. 303 Joint training is key in achieving all this. That way, we shall see better police media relations during the campaign and The Constitution of the Republic of Uganda election period and both parties will have meaningfully The Electoral Commission Act contributed to the democratization process of Uganda. The Political Parties and Organizations Act References The Presidential Elections Act 2005 (As amended in 2010) Ahuja B.N. and Chhabra S.S. 2002. Principles and Techniques The Parliamentary Elections Act 2005 (As amended in 2010) of Journalism. Surjeet Publications. Delih, India. The Local Government Act Bernstein, R.J. (1991) The New Constellation: The Ethical- The Parliamentary Elections (Election Petitions) Rules 1996 Political Horizons of Modernity. New York, New York University Press. United Nations Covenant on Civil and Political Rights. (1966) Cambridge International Dictionary of English. United Nations Covenant on Economic Social and Cultural Rights. (1966) Donnelly, J. (1989). Universal Human Rights in Theory and Practice. London, Cornell University Press. Universal Declaration of Human Rights. (1948). Frank Jefkins 1996. Public Relations. Pitman Publishing. African Charter on Human and People’s Rights (1981) London. Gewirth, A. (1982). Human Rights: Essays on Justification and Applications. Chicago, University of Chicago Press. Lauren, P. (1998). The Evolution of International Human Rights: Visions seen. Philadelphia, University of Pennsylvania Press.

Page 12 UGANDA MEDIA REVIEW BIMEEZABIMEEZA REVISITEDREVISITED Introduction There are various institutions and • Portraying personalities ganda is set to hold yet organizations that have to keep a • Investigating support another round of presidential, watch over the electoral process Uparliamentary and local on a regular basis; right from those • Identifying trends council elections in February 2011. charged with the constitutional duty • Checking and analyzing public The presidential and parliamentary to organize free and fair elections like opinion elections will be the fourth since a the Electoral Commission and the new constitution for the country was attendant government infrastructure to It is also argued the media are promulgated in 1995, but the second other societal organs with a public duty increasingly making possible mass under a multi party dispensation. to watch over the process on behalf of participation in a social and socialized The presidential and parliamentary the citizenry like political parties, civil productive process, the practical elections held in 1996 and 2001 society organizations, professional means of which are in the hands of were organized under the movement groups and the mass media. the masses themselves (Enzensberger, 1996). It is thus important that reporting The media is as important elections is a key task for the media in Though now largely banned since the 2009 as these other institutions the democratic process and must be riots, the Ebimeeza had transformed public during election times, underpinned by the belief on the part debate on critical issues and Adolf Mbaine given its public and of the journalists that good, fair, honest argues that they should be restored to ensure political roles as a channel reporting will make society a little bit more citizen participation in public life for strategic information better and will help people. through open and candid debate on issues of and a forum for political public importance. debate (Murdoch,1996). The Bimeeza experience in Uganda is The key functions of attributed to the liberalization of the system of governance that did journalists during elections have long airwaves in 1993 that has seen the not allow political parties to fully been identified by Hage et al (1983) to proliferation of FM radio stations in organize and sponsor candidates include the following: the country. The Broadcasting Council for national elections. Election time has to date issued more 200 radio is a very demanding, exciting and • Reporting and interpreting licences with about 150 stations active packed period for any country and events on air (Mbaine, 2010). The year 1993 Uganda is not an exception. is also about the same time Uganda • Defining issues was making some more progress

Kaddu Mukasa Kironde, hosts the Mambo Bado kimeeza on CBS in a basement of a shell house near the radio station.

m e d i a and elections Page 13 in its democratisation process with Everyone has the right to right to freedom of the media must Constituent Assembly (CA) elections in freedom of opinion and be ranked as fundamental values, 1994, which were followed by debates expression, the right includes for without these the possibility of in the CA that culminated in the freedom to hold opinions developing and crystallising public promulgation of the 1995 constitution. without interference and to opinion, and allowing it to be brought to The presidential and parliamentary seek, receive, and impart bear upon the governmental organs of elections of 1996 were soon to follow. information and ideas through state, is bound to be virtually ineffective This busy period, and subsequent any media and regardless of (Lloyd, 1987: 151). political developments, required robust frontiers. debate among the population that While freedom of speech and of the Freedom of expression features in invariably led to the emergence of the media usually imply the absence of many countries’ constitutions and its Bimeeza; first on Radio One and later initial censorship, this freedom can importance has been well explained spreading to other radio stations. hardly be absolutely unrestricted as the by Gubbay CJ in the Zimbabwean law may restrict people from making The bimeeza have since 2009 fizzled Supreme Court, In re: Munhemeso as unwarranted and untrue attacks upon out following a government clampdown follows: the reputations of others. The law may – radio proprietors were threatened with also draw the line where attempts are “Freedom of expression, non-renewal of broadcasting licences, made to incite others to take action one of the most precious with government arguing that current to overthrow the government or the of guaranteed freedoms, radio licences did not cover out-of- constitution by violence. The difficulty, has four broad special studio broadcasts. However, some normally, is the determination of the purposes to serve: (i) it helps Bimeeza that are presumably considered ultimate limits of tolerance, which may an individual to obtain self less hostile to the government, for be required by the established value fulfilment; (ii) it assists in instance one run by Radio West in of the freedom of speech and press the discovery of truth; (iii) it Mbarara on Saturdays, have been (Lloyd, 1987: 152 – 154). strengthens the capacity of allowed to continue. Nonetheless, it is an individual to participate worth looking at the essence and value It has also increasingly become the in decision-making; (iv) it of Bimeeza as a resource for expression subject of debate whether journalists, provides a mechanism by and participation especially in the who pride in the calling as a profession, which it would be possible context of the forthcoming elections should not be seen to be regularly to establish a reasonable and the advancement democratisation held to account to the public in terms balance between stability and in Uganda. of ethical standards. As a public duty, social change” journalism has ethics: of truth, accuracy fairness and objectivity, and respect Bimeeza and the Justice Mulenga (2004) in his lead for ethics for professionals tends to concept of media judgement declaring the law on amount to adherence for the law for any freedom publication of false news unconstitutional other citizen. The origins of the press can be traced also underlined the value of freedom of from Western Europe from the invention the media and expression to democracy Bimeeza and thus: “Meaningful participation of the of the printing press by Gutenberg democratic th governed in their governance, which in the 16 century. This made easier participation the dissemination of information and is the hallmark of democracy, is only necessitated restriction by the state, assured through optimal exercise of the The term Bimeeza comes from the through censorship and licensing. The freedom of expression. This is as true Luganda word Meeza (table). The distaste for censorship and licensing in the new democracies as it is in the singular form is Kimeeza meaning a started the struggle for press freedom, old ones.” platform, rack or work station like a especially with the introduction of carpenter’s work table The advent of broadcasting in the newspapers in Europe and America in 20th century has resulted into the the 17th century. The first out of studio political talkshows, expansion of the notion of press by Radio One, were held on a round Mnangagwa (1995) has defined freedom to media freedom, with radio huge table in a night club compound. press freedom as the right of the and television becoming pillars of The table (kimeeza) became the press to collect and publish news freedom of expression, in addition to nickname for the program format. and information as well as organise the newspapers and magazines. freely without undue state control and The media are supposed to provide a Freedom of speech and freedom of influences. Press freedom emanates forum through which people can access the press have been central issues from freedom of expression, which has information and exchange ideas, both to any organisation of society. In any been enunciated in the United Nations of which are necessary for a population community where democratic and Universal Declaration on Human Rights to be able to participate meaningfully egalitarian values prevail, it is obvious of 1948. Article 19 provides that: in the democratisation, electoral and that the right to free speech and the

Page 14 UGANDA MEDIA REVIEW development processes. The role of equality of communication needs commercial considerations on the the media in democratisation has been constitutional and other legal protection airwaves. Therefore the Bimeeza had established by scholars like Jurgen in which the principle that freedom been able to: Habermas and his theory of the public should be the rule and limitation the sphere that emerged in the 1960s. exception should be adhered to. Keane • Provide a platform for citizens Randall (1998) has defined a public also proposes that “…the onus must be to debate publicly issues that sphere as “an institutional framework placed on governments everywhere to concern them. and set of practices which encourage justify publicly any interference with any • Enable interaction between the wide and inclusive debate about issues part of circulation of opinions.” governors and the governed of social and political importance”. since government officials were Tettey (2001) sees a symbiotic often present and afforded an Habermas (1998) traces the evolution relationship between the media and opportunity to explain certain of coffee houses in Britain and democracy and locates the media issues and view points. salons in France in the 17th century among the forces that have shaped, and as alternative arenas of “common continue to shape, the establishment of • Help create a more open concern”. The church and state had democracy in Africa. He asserts that society, given that the formerly monopolised the interpretation the media-democracy connection is discussions involved a wide of national life. In his defence of the also manifested in the opportunities range of issues. media as a public sphere, Boyd-Barrett that a free press provides for citizens to Help citizens to hold (1995) has articulated the role of the influence the political process and that • government accountable media in the democratisation process: a democratic media enables political through open criticism of “Newspapers, radio and television… leaders to be aware of the mood of government and its policies. clearly do serve as a forum for society so that they can respond discussion of issues of public interest appropriately. However, Tettey also • Ensure that leaders get to hear among people who are knowledgeable, notes that a lot of governments on the directly what people have to say interested, able to speak on behalf of African continent continue to impose about the quality of governance broader social interests, and whose judicial and extra judicial barriers on and service delivery. discussions have the potential of being journalists and media houses, in a of political influence (p.231). manner that defeats the professed Bimeeza Ban: goals of democratic governance and Creating Gaps Curran (2000) also subscribes to the the purposes behind constitutional idea of the media as a public sphere provisions of a free media and freedom There is no doubt that banning bimeeza and describes the democratic function of expression. has created gaps in public discourses of the media as assisting the realisation over important issues. The need for of common objectives of society The emergence of the Bimeeza in Uganda feedback is always critical in any through agreement or compromise over a decade could be understood communication process. However, in between conflicting interests. He within the context of attempts by the mass media, feedback is always identifies specific roles the media plays Ugandans to create that much needed limited to readers’ letters on one or in the enhancement of democracy; the space for people to discuss topical two pages, and in the broadcast media watchdog and informational roles and issues openly and candidly without select phone calls and sms messages. further states that “freedom to publish fewer fetters of professional and The Bimeeza had increased feedback in ensures that all significant points of view are in play in the public domain, and that a wide range of information is made available from diverse and antagonistic forces.”

Keane (1991) holds that “A free press…helps control the `habitual self-preference` of those who govern. It exposes their secretiveness and makes them more inclined to respect and to serve the governed. It increases the probability of prudent decisions by making publicly available comprehensive information about the world…casts a watchful eye over the bureaucracy, thus preventing the outbreak of nepotism between legislators and administrators.” He Anti-riot Police patrol the Kampala suburbs at the height of the September argues further that freedom and 2009 riots that led to the banning of bimeezas.

m e d i a and elections Page 15 the media by simply assembling large groups of people range of discussions is essential for the voting public to get in strategic locations, with each afforded the chance to involved in the discussions or at the very list listen into the speak. discussions and evaluate a wider cross section of views. The banning of the bimeeza on radio stations has taken out Mwesige (2006) has hinted on the negative side of of the elections a key component: full participation. talk shows to the effect that they appear to peddle misinformation and distortions; invite adulterated debate It is acknowledged that sometimes people can abuse that excites and inflames rather than informs; to give the freedoms for one reason or another. However the solution public the illusion of influence; and, arguably, to lead to should not be the elimination of a facility but working on political inertia. He may be right because in many ways standards and ensuring their compliance. If government felt the moderation of the talk shows depended on the clear that there was need to have minimum standards on holding headedness of the moderator as there appeared to be bimeeza, it could have come up with the guidelines on how no generally agreed rules and some of the talk shows best to improve the debates, rather than banning them easily descended into name calling, outright slander or altogether. even close to hate speech. It is probably some of these issues that have prevailed upon the government to order It is our submission that the bimeeza should be allowed to Bimeeza off the airwaves. return to Uganda’s airwaves. The issues of the quality of moderation and debate, places where they can be held, However, Mwesige (2006) has also succinctly made the issues of fairness of parties that are subject to the debates case for talk radio as a civic forum through which citizens and related matters can be discussed by all stakeholders acquire information about public affairs, attempt to exert and agreed on as minimum standard guidelines. At the end influence upward on political leaders, question, challenge of the day, it is important to remember that these debates and demand accountability from official power holders, are at the core of freedom of expression which is a sine qua engage in public discourse and debate on collective non for democratic participation. public problems and policy, or simply let off steam. It is certainly the latter function that Ugandans are missing most as the country enters a full blown electioneering Selected References period without the Bimeeza. Hyden G. et al (eds.) (2002). Media and Democracy in Africa. Transaction Publishers. New Brunswick. London. Thus the banning of bimeeza on the airwaves may have had to do very little with the inadequacies of the Levy M. (ed.) (1996). Journal of Communication. Vol. 46. No. programmes as such. Because while some politicians 2. will often talk about the essence and value of freedom, including media freedom, they do not really like critical Golding P, Murdock G. (eds.) (1997). The Political Economy coverage and debates. Journalists and media houses will of the Media. Volume 11. Cheltenham. Brookfield. almost always be confronted and threatened for reporting or discussing something critical, especially in the heat of ARTICLE 19. (2005). Freedom and Accountability: elections when the stakes are rather high. Safeguarding Free Expression through Media Self- regulation. London. The campaign debates are definitely poorer without the bimeeza and this is a very critical gap as the vote hunting Marris P. Thornham S. (eds.) (2004). Media Studies: A begins. While the bimeeza did not set the agenda for Reader. 2nd Edition. Edinburgh University Press. Edinburgh. issues as they were content on concentrating matters raised by the print media, they nonetheless offered Hage et al. (1983). New Strategies for Public Affairs Ugandans opportunities to be part of and participate in Reporting. Prentice-Hall Inc. New Jersey. discussing issues affecting the country. Mwesige, P. (2006). The Role of Talk Radio in Political The absence of bimeeza on most of the airwaves has taken Transition in Uganda. Unpublished the thunder out of what is likely to be a close campaign. Fortunately there are social networks like Facebook where Curran, J. (2002) Rethinking Media and Democracy in the majority of the debates seem to have shifted, but then Curran, J. and Gurevitch M. (eds). Mass Media and Society. again fewer Ugandans have access to such facilities. The Arnold: London. common man/woman has been denied the opportunity to participate to the best of their ability. Keane, J (1991) Media and Democracy. Polity Press: London. Conclusion Tettey, W. J. (2001) The Media and Democratisation in Field campaign and related reports are certainly useful Africa: Contributions, Constraints and Concerns of the for the electorate to follow what is going on during the Private Press in Media, Culture and Society, Vol. 23. SAGE campaigns and make their own conclusions as to what Publications: London. the candidates have to offer to the voters. Yet a wide

Page 16 UGANDA MEDIA REVIEW THE ACTOR-BROADCASTER, RIOTS AND THE FUTURE

future especially as the country shows commonly known as “bimeeza,” prepares for general elections for alleged technical shortcomings. next year. Many journalists in the private media The violent protests broke out were suspended, banned from in Kampala in September 2009 practising their profession or taken when security forces blocked to court or both. They included: the Kabaka of Buganda, Kalundi Serumaga (Radio One); Uganda’s largest ethnic group, Peter Kibazo (Radio Simba and WBS from visiting Kayunga district TV); Peter Ndawula and Charles for a planned rally, according to Ssenkubuge (Radio Simba); Charles local news reports. More than Odongtho (Uganda Radio Network 25 people were killed and 846 and host on Vision Voice FM); Mark people arrested in two days Walungama (UBC); Aloysius Matovu, of clashes that underscored Irene Kisekka and Ben Mutebi (Radio political tensions between the Sapientia); Moses Kasibante (CBS) and government and the kingdom, Basajjamivule Nsolonkambwe (Kaboozi according to official figures Ku Bbiri). reported in the press.

Within hours of the rioting, agents Immediate reaction of the broadcasting regulator, the Almost immediately, most FM stations Broadcasting Council, disabled panicked as owners and managers Abbey Mukiibi,CBS programs manager on air the transmission equipment moved in to rein in their staff, suspend of the Buganda kingdom- popular talk shows until the situation Introduction controlled Central Broadcasting became clearer and some even shuffled Service (CBS), Radio One FM’s sister staff, removing the popular presenters ot long after the pro-Kabaka (vernacular) station Radio Two, which to stem off a government backlash. riots that rocked the capital and is commonly referred to as Akaboozi, The magnitude of the crackdown was NBuganda last September, I was Catholic Church-run Radio Sapientia, as shocking to the media fraternity asked to give a dinner talk to a group and commercial, youth-oriented Ssuubi as were the extent of the riots to the of media people on what I thought was FM. The Buganda kingdom is the government. It must be stressed that the impact of the closure of five radio largest of several traditional kingdoms the Ugandan media, which had enjoyed stations and the two decades of relative freedom general post riot The 2009 post riots crackdown on media greatly and vibrancy was finding itself in a media clampdown undermined media self-confidence. But, as completely new scenario. For those on the practice John Baptist Wasswa argues, they also exposed two decades, the media had learned to of FM radios the new forces in media that had shaped leading live with President ’s in Uganda. The Luganda FM stations love-hate relationship with the Fourth talk was meant Estate, a relationship characterized by to provoke debate and enable media in Uganda that have largely cultural many journalists hounded by a regime people reflect on the issues at a more roles, but remain politically influential. of anti-media laws on the one hand, intellectual level. and the President repeatedly fratenising In a statement, Broadcasting Council with journalists and even supporting The lively discussion that followed Chairman, Mr. Godfrey Mutabazi, some media projects. highlighted an important aspect that accused the stations of inciting violence often lacked among people driven by and breaching “minimum broadcasting The September 2009 riots were deadlines--- serious reflection on their standards.” The Council lifted the unprecedented during the Museveni own practice, their fears, successes and ban on Sapientia a few days later regime; there has not been such failings. A year later, it is appropriate to and Akaboozi in November 2009, but a challenge to the authority of Mr. reflect again on the gains and losses in continued to revoke the licenses of the Museveni in the central region that has the business of FM radios, the lessons two CBS stations (88.8 and 89.2) and traditionally offered him strong support. learned and the challenges for the indefinitely banned popular radio talk The excessive force applied by the

m e d i a and elections Page 17 security forces to curb the riots and support and denigrate rivals, especially media, especially radio, has in the past restore order has become the subject from other tribes. been the worry of even media people of international criticism especially by themselves. This subject often crops up traditional western backers, human The main problems that the Ugandan at media events and a few journalists rights organisations and media political and military authorities raised have written about the poor or lack associations. with the radio stations that were closed of journalistic training among most revolved, first, around political talk broadcasters. The Buganda Kingdom radio (CBS) that shows, which were routinely criticized has been off air for over a year has just by hardliners in the government and the been reopened (23rd October 2010) at ruling party. Long before the closures, Influence of the the time of writing this article. In fact its there were both covert and overt actor-broadcasters re-opening was such a political issue actions that indicated unease over Indeed unlike the mainstream print involving Cabinet and a team of senior aspects of debates on talk shows. In media outlets that are stricter on the security officials. It must also be noted fact, some stations had already suffered quality of their staff, radio proprietors that CBS re-opening was done just on the government backlash with punitive hardly ever demand any form of the eve of presidential nominations on actions ordered from very high levels of journalism training for their news staff th th 25 and 26 October 2010. government in Kampala, while in remote and related programmes. Instead, radio upcountry towns, the local government seems to require those people who The most pronounced effect of the representatives moved in to cause have the talent to draw audiences in clampdown on FM radios has been action on stations or their journalists. order to attract advertisers. Many of the a high level of self-censorship across Kfm was switched off in 2005 for over leading Uganda FM stations, especially media platforms including newspapers. a week. The Daily Monitor, also of the those that broadcast in local languages Journalists from all media houses Nation Media Group, had also been found ready talent among people in the talk of editors treading carefully and closed for ten days in 2002. Choice performing arts. disallowing stories that might annoy the FM in Gulu was forced by the Resident government. Radios in particular took District Commissioner to cancel a talk Radio Simba led the way by recruiting extra care to dumb down or completely show programme with opposition a number of top theatre performers avoid stories that concerned the leader Dr Kizza Besigye. Radio Wa to do programmes. They brought two Kabaka of Buganda and the kingdom. and Radio Simba also suffered threats. advantages to radio: they not only But it is also true that this level of self- UBC TV talk show host Gawaya moved with their theatre audience censorship has led to many journalists Tegulle had earlier been suspended but also extended their fun to radio. fear to handle stories related to serious for hosting opposition leader Dr Other radio stations followed suit, offences like investigations into abuse Kizza Besigye on a programme at the hiring theatre performers, musicians of office and human rights abuses national broadcaster. Threats against and comedians to spice the top billed by security personnel and people of the Central Broadcasting Stations were programmes like the morning shows. influence. The safer route is only when also frequent but the government was Comedy, fun and pun became part of these issues come out of privileged initially restrained for fear of opening the requirements for these programmes, sources such as reports of the Auditor a war with the influential Buganda which attract huge advertising spend General, the Inspector General of Kingdom. by leading corporations. That made Government, Courts or Committees of business sense. Joining radio work did Parliament. The second argument that government not seem to require journalism training capitalized on was the quality of or graduates, if you just simply looked Some government and security broadcasters involved in these talk at the money issues. officials argue that the swift crackdown shows, particularly on the local was informed by earlier events in language radio stations and on some By bringing the theatrical antics into neighbouring Rwanda in 1994 and in other popular programmes on leading broadcasting, these actor-broadcasters Kenya in 2007. In Rwanda, a private stations. Government officials acting blurred the line between stage and pro-Hutu radio, Radio Mille Collines, behind the scenes employed the studio, created a new, wider audience was accused of using hate speech to Broadcasting Council to question of critical infotainment lovers and rally Hutu soldiers, militia and civilians to the broadcasting standards of these transformed radio way from format massacre the minority Tutsi in revenge stations. At a breakfast meeting for rigidity to freestyle. They made fun all for the death of President Juvenal media and leaders of political parties the way, presenting even the most Habyarimana killed in a downed plane in November 2009, Godfrey Mutabaazi serious issues in a way that made in April 1994. In Kenya, the government explained why he had ordered the listeners laugh all through. They made banned live broadcast of post-election radios switched off. He argued that themselves indispensable brands at the riots which it blamed for inflaming many of the broadcasters at the affected stations where they worked. supporters of rival candidates. The radio stations were not journalists but Human Rights Watch organization comedians. Mutabaazi’s point might I shall dwell a little more on these hybrid has since blamed politicians for using have been rather too blunt. But he people. I call them hybrid because vernacular radio stations to galvanise insinuated something few can dismiss as actor-broadcasters they fused entirely. The issue of professionalism in theatricals with broadcasting, merging

Page 18 UGANDA MEDIA REVIEW two skills, two formats of artistic and the fastest growing audience is told. Kayibanda is a Kinyarwanda production - stage and studio into one. segment in radio, much sought after by name. His skits are so popular that he The concept of hybridity is considered advertisers. Against this background, has also taken to advertising brands. in a narrower sense, different from the leading FM stations opened channels in Similar comical advertisements for common one in international journalism Luganda. Radio One opened Radio Two leading telecommunications companies studies that seeks to understand the that trades as Akaboozi ku Bbiri; Capital also have characters speaking ‘broken’ influence on media content, of mergers Radio bought Beat FM, CBS had Luganda in Samia or Luo accents. between different cultures. In many earlier opened another channel CBS They are rib-crackers. On the surface, ways these hybrid people—the actor- 2 on 89.2 FM, The New Vision Group it passes as very interesting. But considered from the point of view of broadcasters - made radio lively and diversity, many people will take offence. interesting, hence drawing the audience Indeed it is these little things, perhaps numbers. It is my argument that this done inadvertently, that rubbed hybridity has lent great talent to radio authorities the wrong way. In one of the and made it more relevant to the sharp attacks President Museveni has audience. Nonetheless, there is need made against CBS since he ordered for a thorough research into the extent its closure, he accused the station of to which this hybridity has contributed referring to his ‘people’ (from Ankole to journalism. ) as long nosed or Nyindompanvu. The radio argued that the comment This hybridity, however, has also came from a caller but it could qualify brought into journalism a set of as the first signs of hate speech. Abu Kawenja, Kato Lubwama and problems. In the first place, the lack of That reference would not pass in any Abbey Mukiibi presenting the top rated professional journalism training among Kalisoliso breakfast show on CBS. mainstream newspaper where tight many of the actor-broadcasters made editorial controls exist. The point here is the dramatization of content gradually that local language radio if not properly displace the normative expectations of opened Bukedde FM, while Uganda editorially controlled can create room broadcasting journalism like balance, Broadcasting Service started Star for dangerous drama and comedy fairness, objectivity and respect for FM. The competition for this coveted that upsets. It creates easy extension diversity. Radio confers status and audience segment led to programming of cultural expression of stereotypes soon the actor-broadcaster became that involves a lot of entertainment, especially in the absence of a clear stars of broadcast journalism to the particularly comedy and music and little policy on broadcasting language and content on local language radio. extent that leading business firms developmental content. dictate the type of broadcaster—often Chibita (2009) raises this point in her from these hybrid people -to do their A leading actor-broadcaster and discussion of politics of broadcasting, advertising promotional skits. The programmes manager at CBS, Abbey language and democracy in Uganda. actor-broadcaster promote the radio Mukiibi, noted at a media event after the She points out that most existing laws but also their own theatre activities station was closed that there is need for pertaining to media freedoms and like forthcoming performances. And more editorial control at radios, and diversity in Uganda came into being when the actor-broadcaster performs that ‘ it was time to consider giving in the absence of formal policy as a political play, then the line between the actor-broadcasters professional they were conceived as emergency his persona on stage and in studio is journalism training so that they know measures to legitimize the liberalization blurred. the limits of what is journalistically of the media while ensuring sufficient permissible on radio.’ Mukiibi is also protection for government against the Without due consideration to the power one of the presenters at the top rated media. of radio, owners and programme CBS breakfast show Kalisoliso. He has directors graduated some of the actor- also featured in award winning films Indeed Abby Mukiibi, reflecting on radio broadcasters to handling more serious like The Last King of Scotland, that during the time CBS was off-air, pointed programmes like political talk shows won Oscars, and White Nights that was at an important lesson FM radios had and other interactive programmes. presented at the 2009 Cannes Festival, to learn from the brutal clampdown: The effect was what critics, among and Sometimes in April, a Hollywood more editorial control, mandatory them politicians, policy makers and movie about the 1990s genocide in professional training for the actor- even journalists saw as growing trend Rwanda. broadcaster, but also picking the best of dramatization of small issues into of this hybridity. serious concerns and oversimplification Nothing illustrates the shortage of This is not to vilify the hybridity of serious national issues into cheap editorial controls at the FM radios discussed above. Indeed theatrical debates. This created a loophole that than the framing of other people at a number of Luganda FM stations skills have proved they are effective in authorities later exploited to pounce on audience construction and subsequent FM radios. comedy skits and even advertisements. For instance a character on CBS revenue generation for radio. But hybridity must be moderated with basic It should also be pointed out that this called Kayibanda who speaks in a professional journalism training. hybridity made local language radio— Kinyarwanda accent, always acts as especially Luganda radio, very popular daft, misunderstanding everything he

m e d i a and elections Page 19 Uganda has over 140 licenced radio The September clampdown on both of which have overlapping stations, and over 30 of these broadcast media, especially radio, was to affect functions including the issuance and in Luganda language, including the five programming significantly. On the one removal of broadcasting equipment. stations that were closed. The majority hand, stations dumbed down on current The second reality is the dangerous of journalists also suspended belong to affairs programmes, critical comments manipulation of the regulatory bodies, these Luganda language stations. This and anything that appeared to criticize particularly the Broadcasting Council begs a deeper interest in the function, influential people in government. The for political expediency. In this case, the performance and influence of local result was that programming sought Chairman of the Council, in a number language radio in the democractic refuge in safe zones: more music, of ways acted outside the mandate process. religious programming and light content of the Council to force the closure of such as emotional programming radio stations and the suspension of Mwesige (2009) has analysed the involving agony-callers, intimate zones broadcasters. To date government has democratic functions and dysfunctions and a host of relationship related issues. not taken any corrective measures to of political talk radio. In his research, More time was also allocated to sport. rectify this situation. Radio stations Mwesige raises the point that although The casualties are evident: a collapse of in Uganda are not known to challenge talk radio appears to have widened the investigations, critical engagement laws and agents of the state in courts of the electronic public sphere, there are and public affairs journalism that seeks law. They will need to pick lessons from to hold leaders accountable. their print media colleagues, who have won several battles in court to scrap Many journalists talked to, and infamous anti-press laws, such as the those interviewed by human rights publication of false news and sedition. organisations and international journalists bodies, describe a climate Thirdly, the ease with which security of fear in radio newsrooms especially forces used extra judicial means to for those staffers working on current deal with radio personnel, including the affairs programmes and talk shows: dumping of WBS talk show personality fear of antagonizing the State, fear Kalundi Sserumaga in a car boot sent for personal safety, fear of possible stark reminders that where the State loss of employment, the fear of feels threatened, even by mere words professing personal political opinion of journalists, the military will still play a if they are contrary to the ideology of role. This reality became more evident in the establishment, and even seeking the prolonged battle of nerves between comment or sound bite from opposition the State and the Buganda kingdom politicians and persons deemed over the closed CBS where newspapers opposed to the government. often reported that ‘some generals’ were opposed to the reopening of the These fears were made more real during station. Bukedde, a Luganda daily, the year-long closure of the CBS, which published by the New Vision Group, The the authorities used as an example to Observer, and The Red Pepper reported show what can befall those stations and that the generals, led by Gen. David Patrico Mujuuka and Kato Lubwama in journalists who dare to challenge the Tinyefuza, were opposed to moves by a drama performance in theatre. authority. Although the CBS workers Mrs Amelia Kyambadde ,the influential maintained solidarity, many suffered factors in the conduct of the political former Principal Private Secretary to the humiliation as they searched for talk shows that are greatly wanting. President, to persuade the President temporary jobs at other stations. Others These include misformation and to reopen CBS. Gen. Tinyefuza is the went into hiding as banks mounted a distortions. “Talk radio appears to coordinator of intelligence services. hunt for loan defaulters. This fear also peddle misformation and distortions; to One wonders if CBS radio would have spread to radio listeners, particularly invite adulterated debate that excites re-opened if it had not been close to the talk show callers-in, following the arrest and inflames rather than inform; to give Buganda Kingdom. of many of them during the September the public and illusion of influence and riots. And the worst fear was losing It can be safely argued that the media inevitably to lead to political inertia.” advertising revenue as leading lost much of its biting power as far Mwesige predicted that there were advertisers slowly shied away from as its watchdog role is concerned. concerns that misinformation and sponsoring the programmes that were Watchdogism has to a large extent distortions in the poorly controlled deemed controversial. been replaced by entertainment political talk shows (and indeed other and tabloidization of content to win The clampdown also exposed a similar programmes—emphasis mine) audience but not to check those in number of realities. First, the confusion could undermine their democratic authority. According to liberal theorists, in roles among broadcasting regulators: role of information dissemination. The once the media become subject to the Broadcasting Council and the events of September 2009 vindicated regulation by the state, they might lose Uganda Communications Commission him. their bite as a watchdog (Curran, 2000:

Page 20 UGANDA MEDIA REVIEW 121). Berger (2000) for example writes: “Watchdogism is regarded as the epitome of CONCLUSION democratic significance of both journalism FM radios have without doubt widened the space of political participation and the media. Access to information held by opening space for more citizens to participate in debate on the way by the state is important in this outlook. public affairs are run in Uganda. For the last 20 years, however, the Watchdogism focuses on the state and running and staffing of FM radios had followed largely the demands strips away its secretive features” (2000:84). of the marketplace without serious consideration put on strict editorial controls. The crackdown on FM stations that followed the pro-Kabaka Fm radios and the riots was the first test for the Uganda electronic media, in dealing with the full backlash of the State. The results, as outlined above, left the 2011 elections media feeling boxed in, cornered and surely without any advocates in The effect of the September 2009 the executive. crackdown on media, particularly radio, will certainly be reflected in the way the media Governments all over the world will pick a quarrel with aspects of media covers the 2011 general elections. In the content, but there often exist more civil, more subtle ways of handling previous elections in 2006, radio stations media. In the case of Uganda, however, some weaknesses in the FM made a fortune from hosting presidential, radio structures created loopholes that the state exploited when the parliamentary and local councils candidates chance arose. One of these was staffing, the other was the profit motive from all political parties. Even President at the expense of tight editorial controls. Museveni appeared on nearly every leading radio station in areas where he campaigned. Most media and other commentators agree that government overreacted, FM radios differed in the amount of coverage and in the process undermined the progress achieved since 1986 in the they gave to opposing candidates. Radio direction of freedoms of the media and expression. stations were also influential in relaying results as they came in, sometimes The media in Uganda, and in particular the electronic media needs to creating parallel structures with the Election work out a dignified exit out of its present predicament. Perhaps most Commission. The jury is out on how the important will be for media to start a campaign for a Bill to operationalize radios, yet to recover from the 2009 shock, the protection of freedoms of the media and expression. Given the little will perform the democratic function of regard Ugandan security official and powerful individuals have for the disseminating election related information. rights to freedom of speech and expression, the media must fight its own battle to initiate a draft bill for such an enabling law. If supported and enacted, such a law will counter the tendency by the government Way Forward to always revise media laws at will, for the sole purpose of taming the There are a few important things owners of media especially ahead of elections. Ghana, which has one, can offer FM radio stations can do to cushion their important lessons. businesses in preparations for the times ahead. In the first place, their association SELECTED REFERENCES should develop a code of conduct that seeks to instill self regulation. Secondly, a Mwesige, P. (2009). The Democratic Functions and Dsyfunctions of Political Talk Radio: the case of Uganda. Journal of African Media common election coverage guide will go Studies.(2009) Vol. 1 a long way in insulating individual stations No.2 pp 221-245. Intellect: Bristol. and their broadcasters. Thirdly, owners and managers should subject their staff Chibita, M.B. (2009) The politics of broadcasting, language policy and to period training in basic media ethical democracy in Uganda. Journal of African Media Studies.(2009) Vol.1 No.2 pp 295-305. Intellect: Bristol. conduct. Also important is for media managers, development partners and even Wasswa, J.B. (2005) The Exploration of the Impact of State Ownership the government department of information on Uganda’s New Vision’s social roles. Unpublished thesis. Rhodes to facilitate a common training course University. for broadcasters in covering elections. Curran, J. (2000) Rethinking Media and Democracy in Curran, James. There will be a lot of information about and Gurevitch Micheal. (eds). Mass Media and Society. 3rd Edition. the elections. But what is important is not Arnold: London. more information but discussion of issues and promises that candidates make. For Human Rights Watch: A Media Minefield: Increased Threats to this to happen, FM radios need not dilute Freedom of Expression in Uganda. May 2010 the quality of debate or abandon political Berger, G. 2000. Grave New World? Democratic Journalism Enters talk shows altogether. Rather media should the 21st Century. improve the quality of debate. Like John Journalism Studies. 1(1) Stuart Mill posits, it is in debate that ideas Merrill.J.C. (1996) Journalism Ethics: Philosophical Foundations for are refined and the best positions arrived at. News Media. Bedford/St. Martin’s.

m e d i a and elections Page 21 WHATWHAT MEDIAMEDIA GUIDESGUIDES FORFOR 2011?2011? Introduction revenue. It is common knowledge, however, that advertising only follows he need for media guides in election coverage cannot be overstated. good editorial content. Thus, media When I was asked to write a paper on the usefulness of media guides in managers ought to set aside resources; Tcovering elections, my mind was immediately fixated by ghastly images if need be recalled from other budget of the Rwandan genocide and post-election violence in Kenya. Local media in allocations, in order to ensure they can Rwanda, especially the state owned newspaper Kangura and radio stations provide authoritative, in-depth analysis like Radio Rwanda and Television Libre des Milles Collines played a prominent of the 2011 general elections. role in fanning genocide through the promotion of hate speech and literature. Journalists’ teams covering elections In Kenya’s post election violence in 2007, many community-based radio must have enough airtime, dedicated stations were cited as key catalysts of mass killings through dissemination of office lines and furniture, computers hate speech. loaded with appropriate programmes to compute results and generate Irresponsible journalism has therefore had a very visible hand in the political graphics that help the audience turbulence that has afflicted the Great Lakes Region during the last 20 years. understand and follow the electoral These sad chapters of our regional history therefore, impose great burden process as it happens; vehicles for easy on media in the region to exercise a level of responsibility guided by self- mobility and enabled cell phones to responsibility and sets of codes and guidelines that serve as a media cockpit, facilitate journalists employ multimedia especially in the coverage of emotive issues like elections. coverage. Each media house should have a nerve centre. The following discussion considers some of the imperatives media need to put in place at institutional level, and the principles, safeguards and responsibilities Most important is for each media house, the individual journalists need to consider in covering the electoral process. or media houses working as teams, of the coverage will obviously depend to give elaborate guides to journalists Resources and on resources available but suffice it on the imperatives of covering the guidelines to say that at least there should be a elections. These guides apply to field reporters and to those at the desk as One of the key yardsticks the reporter attached to every presidential well. The guidelines help to ensure world will use to rate the growth of candidate. Most media houses in consistency, accuracy, taste, balance democracy in Uganda in next year’s Uganda are however severely impaired of reporting, issues of peace and general elections is the extent of by financial handicaps and it is hard to stability, analysis of the process and media freedom. The media as an see them fulfilling their role of informing interpretation of issues and events as institution will be judged on the extent the public. It will take some innovative well as contextualization. The following to which their freedom is exercised financial engineering and wise resource are issues that need emphasis. responsibly, to make society endure. allocation, for even leading national This will require both state-owned dailies, to effectively cover the 2011 and independent houses to invest elections. Balanced reporting sufficient resources. Elections are a Fairness in media coverage is one of the process that does not happen in one, Media institutions are corporate canons of good journalism.. Balance two or three nights. Ideally, all media citizens, and as such they need to also means that all news clips must, as houses should allocate resources – rise to the occasion in the coverage a matter of policy, contain both sides human and financial – Elections can be a tricky process all the way, that of an issue, or at the very minimum, for election coverage is the reason Allan Ssekamatte makes the case contain voices of competing parties. at least six months for clear guidelines and rules of engagement ahead of an election and training for media to minimize conflict date. That is the first Objectivity step to ensuring a situations. Reporters have sometimes got holistic approach that informs the of this national activity by elevating entangled in partisan politics, or even public of developments across the the resource consideration for editorial embedded in partisan campaign entire political spectrum. departments. There has been a regrettable tendency among chief teams, adversely affecting their ability to deliver objective news. One of the Media houses are expected to have executives of media houses to relegate guidelines should put the onus on news a specialised election desk---a team editorial departments to second position managers to scrutinize all news reports of reporters capable of bringing behind advertising departments. This for evidence of breach of objectivity. news, as it happens, in each of the is because the advertising people are country’s 117 districts. The extent considered to be the generators of

Page 22 UGANDA MEDIA REVIEW There will be biased commentaries and tying it to him, is a typical example of how parties performed in different parts analyses but these should only come unacceptable lack of fairness. of the country, in 1996, 2001 and 2006 from people from outside the media compared to 2011. houses. These have a right to be biased in favour of a particular candidate, Contextualise results The stakes will be even higher this time but their submissions must clearly be The importance of accuracy in reporting around. With various political parties categorized as comment or opinions. results, especially partial results and Non Government Organisations However, editors need to endeavour to cannot be over-emphasised. Uganda’s like DemGroup showing interest in ensure there is a good balance between history is littered with examples of setting up parallel tallying centres, it will competing parties. cases where candidates prematurely be pertinent to announce results with celebrated their victories on the basis caution. Any results received must be of irresponsible reporting. The 1980 corroborated with information coming in Endorsing elections are a case in point. Some from the Electoral Commission who are candidates members of the Democratic Party official custodians of the entire elections This is a bit of a minefield, but there is no reason whatsoever why individual media houses should not have the right to back a particular candidate as long as this is done in accordance with the law, and on matters of principle. If a media house is for free market economics, social welfare, universal education and a specific employment policy, it should not shy away from backing a candidate who espouses the same ideals. Obviously media will have to weigh options seriously. Media houses all over the world make a step to endorse a candidate of their choice, to guide their audience in a moment of decision. Endorsement is a sign of media maturity and an exercise of their corporate citizenship rights. Let me also make the point here that government and the ruling party need not take media endorsement of candidates other than theirs as a hostile act. ICT Minister Aggrey Awori (right) announces the re-opening of CBS radio in October. The radio chief executive Kaaya Kavuma is seated on the left.

Campaign officialdom prematurely celebrated process. Good journalism would involve advertisement winning the election before the then pointing out any disparities if any, and Electoral Commission had announced when they arise. The events in Kenya’s Fairness also extends to talk shows results. The interim head of government last elections present new dilemmas and political advertising. No candidate then, Paulo Muwanga, then usurped to the way media announce results. should be denied the right to advertise the powers of the Electoral Commission Kenyan politicians employed local his agenda on the basis of his or her and took over the management and language radios to make parallel and political beliefs. Guidelines should announcing of results, reversing the rival claims of victory of major parties have built-in provisions for reportage DP’s claimed victory and declared Dr and presidential candidates, adding to of all sides, all candidates as fairly as Milton Obote of the Uganda People’s the confusion. possible. Consideration should also Congress the winner. During the 2006 be made for the sense of balance presidential elections, I was one of Individual media houses should and fairness in paid advertorials and the panelists analysing results as they therefore develop very strict guidelines advertisements candidates will place came it, on KFM, before government on how results will be relayed and in media. It is important that media halted the process. reported. This is particularly pertinent houses set up strict guidelines as well to radio and television. One way is to candidates and their campaign An important oversight during the to always compute quickly each teams on what is permissible campaign announcement process was failure to candidates gain as a percentage of the advertising. Scenarios like the 1996 provide context. Responsible journalism registered voters in the constituency episode in which a national daily will require of us to be equipped with or district. And this is only possible allowed one candidate to demonise his data in order to, for example, compare with prior preparation of the necessary rival by publishing a page of skulls and statistics for easy computation.

m e d i a and elections Page 23 The Electoral Commission should not too volatile to endanger their lives. Unfortunately, these provisions were develop a software which enables media Media houses must procure reporters the first casualty of the electoral to announce results in a contextualized jackets, preferably in fluorescent process, with the State broadcaster manner. This singular programme will shouting colours that clearly mark them abruptly cutting an interview with go a long way to eliminate confusion as Press. Two journalists were killed this Uganda Peoples Congress presidential that the many media might cause to the year; one by a mob and another with yet candidate Olara Otunnu on nomination population. unidentified hit men. Electoral related day. No explanation has yet been violence can emanate from all sides, not given. The public broadcaster, Uganda limited to security forces. Guidelines for Broadcasting Corporation and the Overcoming Fear journalists must put their safety before majority owned New Vision Group Despite our exalted position as the anything else. Media should team up have added responsibility to abide by Fourth Estate, the Ugandan media to form rapid response units and have the dictates of the presidential and rarely flexes its muscle and has been dedicated emergency numbers. This is parliamentary elections laws for equal especially timid since last year’s one of those cases where media need treatment of candidates. In election time September riots which resulted in the to work together. candidates enjoy the same treatment. closure and subsequent re-opening of In all previous elections the public media five Luganda radio stations. However, There have been cases where media have given overwhelming coverage to the climate of fear in which most media houses and individual journalists have the incumbent. One loophole in this are operating ignores Constitutional been held accountable and sometimes law is that it does not have matching provisions which guarantee freedom of charged for utterances made by sanctions in the Penal Code in case of speech and expression as well as the politicians in studios. Media managers its breach by public media managers. duty to provide a platform for interactive need to develop ways of disallowing exchange of opinions. guests in studios to use inflammatory language and to peddle inaccuracies. Minding the Issues Article 29 of the Constitution of Uganda Covering the election is not only about states that, “Every person shall have State owned Media counting votes. As earlier stated, this is the right to – a) freedom of speech a process. Media guides should enable and expression which shall include State-owned media houses are journalists to report the issues that freedom of speech and other media.” frequently caught up in party politics as candidates use as a platform for their In the run up to next year’s elections, they give extended, often biased favour campaigns, and in case of those seeking journalists ought to be enamored by to the ruling party. This is contrary to re-election, journalists should be able the Constitutional Court provision electoral laws which provide for equal to match the current issues against which nullified the law on sedition. coverage to candidates by public those the candidates campaigned for, Authorities can no longer use Penal media. Article 24 (1) of the Presidential and their fulfillment. Often journalists Code Act sections 39, 40 and Cap 120 Elections Act, 2005, mandates state- go for horse race reporting forgetting to muzzle the press. Under the Penal owned media to practice equity. “All the issues on the table. The media Code Act, sedition was defined as the presidential candidates shall be given should help the electorate judge the utterance and publication of statements equal treatment on the State-owned candidates on the basis of issues, not aimed at bringing hatred, contempt media to present their programme to the just party lines. or disaffection against the president, people,” it states. Article 23 (1) “During the government or the judiciary. the campaign period, every public Needless to say, government owned The Act provided for seven years of officer and public authority and public media must take a leading role to inform imprisonment on conviction. Media institution shall give equal treatment to and educate voters about the electoral houses must therefore use this new- all candidates and their agents.” This process. State media must not ignore found leeway to deliver news as it is, includes media houses. their mandate to inform voters about without fear or favour. Indeed, any media the voting process, including how, when guidelines on the coverage of elections Article 23 (2) is equally categorical. and where to vote. should equip the journalists with the “Subject to the Constitution and any extent of constitutional privileges they other law, every candidate shall enjoy Other areas of interest to State media enjoy, the necessary defences, but also complete and unhindered freedom of managers should be the importance with the clauses on the legal pitfalls expression and access to information of not selling their votes, privacy of they need to avoid when reporting and in the exercise of the right to campaign the ballot and functions of the various writing news. under this Act.” positions being contested. For example, one of the biggest misconceptions of the Similarly, United Nations election voting public in Uganda is their failure to Personal Security missions guidelines provide that, “In the grasp the fact that the principal role of The physical security of journalists case of government-owned media, it is Members of Parliament, is to legislate, while on duty should however not be customary that equal access, both in with development work mostly the confused with legislation. Whereas it terms of timing and length of broadcast, responsibility of local governments. is always important to follow the news should be given to the competing as it happens, reporters must be able sides.” to assess whether reporting scenes are

Page 24 UGANDA MEDIA REVIEW Accuracy New Media Guides gmail.com. The case in which ugandarecord.com publisher Timothy Media guides should emphasise Social media platforms like Facebook, Kalyegira was charged for alluding accuracy. The election is a hotly Twitter and YouTube have become a to government involvement in the contested issue and each word, each useful platform for politicians. Those September 11 bombings, was a first. statistic matters a lot. Journalists must who argue that Internet penetration in Unfortunately, I have scanned all the get everything right: names, time, Africa is too low or that social media local media guidelines, both internal issues, numbers, percentages, years platforms can be ignored are making a self censorship guides, and across the and dates. Any inaccurate information glaring error. can tilt the balance and cause board prints, and I am yet come across definitive guides addressing Internet confusion and violence. Election editors Nigerian President Jonathan Ebele should therefore prepare an elaborate usage ahead of the 2011 general Goodluck, for example, announced his elections. Indeed because of the nature database of important information about presidential candidacy on Facebook, candidates, constituencies, registered of new media, it is virtually impossible and his Rwandan counterpart General voters, dates and have journalists take for any government to set up effective Paul Kagame created two new websites basic education in working with figures. guidelines for its use. What is essential during campaigns for a new seven-year Indeed media houses need to take their for journalists in Uganda is to treat journalists through drills on covering the term in office. The Nigerian leader has content of these independent websites election, and make them practice speed 240,000 fans with whom he interacts on with the journalistic suspicion and and accuracy with reporting events and his Facebook page which he updates crosscheck every detail. Guidelines for numbers. daily. covering elections should, as a matter of importance, caution against lifting In the same vein, because it is virtually The use of elaborate notes and tape of content from these websites without impossible to control what goes onto recorders should be emphasized careful crosschecking. and journalists should be trained to the worldwide Web, democracy activists always substantiate controversial routinely use social media to circumvent statements with a quotation or a press censorship and authoritarian rule. Conclusion soundbite. Accurate quotes relayed in As the authors of the August 2010 the broadcast media ensure there is no For instance, in last year’s elections in journal Blogs and Bullets: New Media ambiguity for news consumers and is Iran, supporters of opposition leader In Contentious Politics note in their good protection against legal liabilities. Mir Hossein Housavi, who they say summary, like any media, the Internet The use of tape recorders is therefore won presidential elections -- not only is not a ‘magic bullet’. Scholars and more than a mere necessity, it is a used the Internet to expose police policy makers should adopt a more must. Serious media houses should by brutality and human rights violations, nuanced view of new media’s role in election time have compiled a telephone they also disrupted access to President democratisation and social change, index of all candidates and the leaders Mahmoud Ahmadinejad websites one that recognises that new media of campaign teams for presidential through a combination of cyber tricks. can have both positive and negative candidates. This will help journalists Such was the frequency, intensity and get quick comments and clarifications effects.” influence of the attacks on Ahmadinejad, before they file reports. Twitter was banned by local authorities. Uganda media houses need to prepare To date, Mousavi routinely makes Inaccurate reports about the alleged well in advance for the elections by pronouncements and policy statements arrest of the Katikkiro of Buganda and providing the necessary resources for on influential opposition Website Jaras some leading Baganda personalities covering the whole electoral process on Fridays. Twitter’s influence on last provoked riots in Buganda and the and by constructing relevant guidelines year’s Iranian protests has even led capital lasting three days and claiming for use by their journalists both in some observers to suggest that its 29 people. The cost of inaccuracy can the field and at office. Much of the creators should receive a Nobel Peace be very high indeed. success of the election will depend Prize. on an informative, responsible and Elections mathematics should also be contextualized reportage that the media extended to the reportage of crowds Wikileaks is another Website raising will give to the public. attending. During the campaigns that questions about the need for media preceded the 1980 elections, the guides in Internet journalism. Over Uganda Times, a government owned the last one year, they have caused newspaper had this headline: ‘One considerable consternation in Western million attend Obote rally.’ The rally capitals by releasing 500,000 secret in question was in a small upcountry files on the Iraqi war and over 100,000 town. Surely even in Kampala it is not on the Afghanistan war. possible to fit one million people in any open space. Scientific methods must Locally, authorities have for long be applied when reporting numbers ignored critical Internet publications like and media guides should provide some ugandarecord.com, radiokatwe.com of the standard ways of estimating and abagwanggamujjeinternational@ numbers.

m e d i a and elections Page 25 MAKING SENSE OF PROPOSED MEDIA LAWS: TWO PERSPECTIVES

Gawaya Tegulle argues that a qualification in journalists must not only resist journalism which was the bill, but they should also mainly understood to learn to keep out of trouble refer to something in the and…improve themselves region of a diploma or thereabouts. he advent of the Press and Journalist Act (Cap 105) in 2000 Section 26 required Tcaused widespread objections that on presentation of and accusations that the government the basic qualifications of Uganda was out to muzzle press above, one would then freedom. be enrolled by the Media Council on the But just when the media was still register of journalists figuring how to deal with a Cap 105 of Uganda and, in that had been labeled draconian and Section 27, would be unrealistic, up came the Press and issued with a practicing Journalist (Amendment) Bill 2010 that certificate. Section 27 (3) AIGP Asan Kasingye, in Charge of Community Affairs, made the original Act appear almost unequivocally stipulated NTV’s Betty Dindi, Mathias Mulumba of UMDF and that nobody would be moderator Gawaya Tegulle at a Police- Media breakfast innocent and harmless in comparison. meeting in September 2010. allowed to practice The original Act (Cap 105) had several journalism unless they the Fourth Schedule) the transgression features. First, section 8 thereof were possessed of a valid practicing of which would amount to professional established a Media Council responsible certificate issued by the Media Council. misconduct and attract action by the for the regulation of the mass media. Disciplinary Committee of the Council. Secondly, section 13 established the At this stage two problems emerged. National Institute of Journalists of The first one was that the conditions Sections 6 and 7 of the Act set very Uganda (NIJU) with rather steep criteria precedent for licensing of a journalist high standards and responsibilities for for membership, charged with the and membership of NIJU would unduly the position of editor, in a bid to ensure maintenance of professional standards lock out many journalists. Not many that those who occupy these positions for journalists. The two bodies are the saw the reason why a university degree have the requisite qualifications and equivalent of the Law Council and the was necessary to write a basic news are well disposed to manage the Uganda Law Society in the lawyers’ story. high responsibilities they shoulder. domain. Section 30 established the Disciplinary Secondly, the configuration of the Committee of the Council, with the The quarrel with the institutional Media Council and the manner in which mandate to handle complains relating to framework was two-fold. One, the key people thereon were appointed professional misconduct of journalists. composition of the Media Council suggested the state did not trust the was highly suspect. Section 8 of the media to regulate itself and it (the state) Section 41 of the Act contained a Act stipulated that the Council would would be happy to perform that role. transitional provision, allowing then be comprised of 13 people, the most practicing journalists a grace period to critical of whom (the secretary) would Cap 105 was therefore seen as a tool acquire the requisite qualifications upon be from the Ministry of Information for the state to control the media and which they would then be enrolled as and appointed by the Minister thereof. limit its latitude of engagement; rather journalists and practicing certificates For good measure, four other people than enhance press freedom. duly issued. were ministerial appointees – including In all this, the other noble aspects of the two distinguished scholars of Mass In many ways a keen look at Cap 105 Act were lost, to wit, that for the first time Communication and two members of suggested that a new chapter of history journalism was being recognized and the public. for journalism in Uganda had been established as a profession and that it written; paving way for orderly practice Two, section 15 of the Act stipulated a would be fairly well regulated, allowing of the trade. But to many Ugandans minimum qualification for one to qualify only the aptly qualified to practice. used to free journalism where anybody as a member of NIJU: a university degree could enter the fray and let his talent or It was also forgotten that the Act in journalism or mass communication, established a decent code of ethics (in or a basic university degree and Continues on Pg 28 - 29

Page 26 UGANDA MEDIA REVIEW MAKING SENSE OF PROPOSED MEDIA LAWS: TWO PERSPECTIVES

Stricter media laws are in the pipeline and roles by imposing unnecessarily onerous registration and Moses Sserwanga says they will conflict with licensing requirements on both the print and electronic media. key court rulings, and are simply a means to The Constitution of Uganda in articles 27,41, provides that intimidate the media ahead of elections. the people of Uganda have the right to express themselves freely and access information. These rights as stated in the constitution are inherent to the individual and cannot be Introduction granted by the state. he government is proposing a new regime of laws But the proposed laws contradict these provisions of the in amendments to the existing media laws- that constitution. For instance under the proposed amendments, Twill add more restrictions to the already delicate newspapers are required to apply for annual licensing. Yet media environment in Uganda. Legal experts and media the Media Council , the regulatory body , is given broader practitioners see the new proposed media legal regime as powers to withdraw licenses at will if it deems the actions of being aimed at beating the media into line ahead of the the media house to “undermine national security, stability, or 2011 elections. unity,” and are “against Uganda’s foreign relations, and the country’s economy.” The NRM is credited with creating a climate that enabled a vibrant media to grow in Uganda over the last 25 years. These are contestable constructs that would have to be defined At the same time, influential people in government have clearly and narrowly if they are to pass the constitutional test for imposing limitations on the right to freedom of expression. Requiring the annual licensing of newspapers by the Media Council puts undue burden on the profession and on the industry, thereby restricting the public’s broader right to freedom of expression and access to information.

Additionally, giving the Media Council the absolute discretion to define those terms as a condition for renewal of a license or as a basis for penal action would make the regulator an absolute determinant of what should constitute media content. This amounts to a “substantive restriction” on freedom of expression as stated in constitutional and supreme courts leading precedents.

In the land mark Supreme Court case of Charles Onyango- Obbo and Andrew Mujuni Mwenda vs. Attorney General (AG) court stated: “It’s difficult to imagine Police boss Kale Kayihura at a media event in October 2010 a guaranteed right more important to democratic society than freedom of expression. Indeed, a democracy cannot maintained a marked suspicion of the media, and have exist without that freedom to express new ideas and to put often acted to curtail or even disrupt this freedom the forward opinions about the functioning of public institutions.” media has hitherto enjoyed. Court emphasized the fact that press freedom and the Constitutional and media experts have argued that if the individual’s right to express ideas and thoughts freely cannot amendments are passed as drafted, they would restrict Continues on Pg 30 - 31 freedom of expression in Uganda and impede the ability of journalists and media outlets to fulfill their democratic

m e d i a and elections Page 27 Continues from Pg 26 hard work speak for itself, Cap 105 was the amended Act will be nominated by communication nominated by the declared unwelcome. the Minister – in consultation with the minister. Law Society. Aware of the rejection, Government It is not too clear how a bigger Committee did not implement most of the In short, the amendment of the Act will be useful; the only positive seeming controversial provisions. The Media seeks to put the Media Council almost to be that there is a lawyer on board, Council remained largely inactive and wholly and firmly under the control of the private newspaper proprietors are invisible; only rearing its head when it Government in what government terms guaranteed representation and the deemed it necessary. NIJU was active as ‘the rationalization of the Media general public will have a say as well. for a few years and then died a natural Council’. Hopefully that could cause more liberal death. The requirement for licensing decisions, and avoid high handedness. of journalists was never activated. Cap Amendment 9A is a thunderbolt out 105 therefore became more or less only of a clear sky – it provides for the The more positive of the proposals is a tool for use whenever Government licensing of newspapers by the Media the amendment of Section 31 which needed to crack down on any journalist Council. The license is valid for one provides that the Committee shall they figured was ‘stepping out of line’. year and is renewable on proof that ensure that the hearing does not take the applicant is a resident of Uganda more than two weeks after the date or a locally registered partnership or Draconian company and has adequate technical amendment bill facilities. The Council shall also inquire The Press and Journalist (Amendment) into the social, cultural and economic Bill 2010 introduces unforeseeable values of the newspaper. Whatever this changes to the legal parameters. means is anyone’s guess; but what’s for sure is that given the seeming spirit First, amendment 4A (i) provides for behind these letters, Government has registration of newspapers and sub- no intention to use that provision to section (ii) makes it an offence to operate enhance press freedom. a newspaper without registration. The sanction is a fine not exceeding Moreover, the license can be revoked UGX 960,000, or imprisonment not by the Media Council for reasons such exceeding two years – or both. as publishing material that ‘is prejudicial to national security, stability and unity’; Secondly, Section 6 of the proposed ‘is injurious to Uganda’s relations with A High Court Scuffle in Jinja amendment to the Act stipulates that new neighbours or friendly countries’; in addition to the functions outlined, an ‘amounts to economic sabotage’. editor and proprietor, shall ensure that fixed for the hearing. This is meant to what is published is not prejudicial to The amendment gives no yardstick national security. provide for the expeditious disposal or barometer for measurement of of complaints before the disciplinary what amounts to prejudice of national Thirdly, Section 8 on the composition committee. The assumption of course security, stability or unity. of the Media Council is amended to the should be that the Committee will be effect that it is the Minister to appoint fair and just in its deliberations. the chairperson of the Council; and Anyone who offends this provision by operating without a license or is deemed instead of two distinguished scholars The other important amendment is a to abuse the license in the ways outlined of Mass Communication, only one will transitional provision to the effect that above commits an offence and is liable be required to sit on the Council; and any person operating a newspaper on conviction to a fine not exceeding that person will be nominated by the immediately before the commencement UGX 960,000 or imprisonment not Minister in consultation with NIJU. of the Act shall apply for registration exceeding two years or both. Instead of two representatives of the and for a license within six months after private newspaper operators, the new the commencement of the Act. Council will have only one. Section 30 of the Act is amended by increasing the membership of And whereas in the original Act, the the disciplinary committee from six How the Council had four members of the to 11. Apart from the Chairperson, amendments could public, two of whom were appointed Secretary and four members elected impact on practice by the private newspaper operators from the Media Council, the new and the other two by the minister, the Disciplinary Committee will have five First, it could act as a freeze upon the latter category are to be wiped out, other members. These will include a practice of journalism in upcountry leaving only the former appointed by lawyer nominated by the Uganda Law areas. Most correspondents of the the Minister. Society, a representative of the private major media houses in the city and newspaper proprietors, two members And instead of a lawyer nominated by the most of those who report for media of the public who are non-journalists Uganda Law Society, the lawyer under houses upcountry have none of the and a distinguished scholar of mass

Page 28 UGANDA MEDIA REVIEW requisite qualifications stipulated loans to newspapers unless of course resurrected through the amendment of by the original Act. Enforcing the the loans can be repaid within one Cap. 105. amendments, if approved, will year. That means two things: first, mean that even the provisions of journalists will find it hard to access It means that the Media Council – the original Act will be enforced, credit as individuals, since their survival which will be effectively in the hands of which will effectively lock out many as practitioners is not guaranteed. Government - will be able to get back correspondents, mostly those outside Secondly, loans to media houses as at offending media houses by simply Kampala. institutions will not be a wise move, refusing to renew their licenses. since their survival beyond just a year Secondly, the spirit within which this law On the whole, the Press and Journalist is not guaranteed. This should ensure is being amended seems to be riddled (Amendment) Bill is no less than a a steady exodus of good journalists with bad faith and is being packaged harbinger of doom for freedom of the to less volatile vocations and cause as ‘the final solution to deal with the media in Uganda. It must be pointed journalism to be left to those willing to media once and for all’. This strong- out that the spirit in which this law is be martyred for their beliefs. arm maneuver could work to intimidate being proposed means that even the the media and cow them into a corner, The sum total of the impending draconian and unreasonable provisions instilling timidity and enhancing and amendment is that the gains made of the original Act, including and endorsing undue repression of the by journalists in abolition by the especially, the licensing of journalists Fourth Estate. That should cause plenty Constitutional Court of the offences that have never been enforced, will of undue self-censorship by the media, of publication of false news (Charles surely be enforced together with fearing that the State could crackdown Onyango Obbo and Andrew Mwenda these even more draconian provisions on them at anytime if they are deemed v Attorney General, Supreme Court proposed in the amendment. to be ‘out of line’. Civil Appeal No 2 of 2002) and If this Bill is allowed to pass into law in Andrew Mwenda and Eastern Africa The amendment will also make its current form, the media in Uganda Media Institute v Attorney General it practically difficult to practice will have effectively kissed their Constitutional Petitions No 12 of 2005 journalism in Uganda, because every freedom goodbye. On the civil and and No 3 of 2006) will have been newspaper will be wary of violating political aspects of basic human rights, reversed. The mischief that the court licensing conditions. Extreme fear and Government has nicely cornered the decision sought to cure by ruling the sheer cowardice will set in. media into a corner with this Bill. More two offences unconstitutional – to critically however, the economic side of wit, giving the state dubious means An equally dangerous possibility is the it is what will bite the media most: that of muzzling press freedom at the economic side to this proposed law. the livelihoods of journalists will not be slightest excuse – will in all likelihood be No bank will think much of offering guaranteed anymore.

Any Remedies? increasing challenges. Journalists should get solid training How should the media prepare for future engagements in both academically in varied disciplines and also emphasize the political domain, especially election time, in the light of continuing journalism education through proper workshops this impending law? and seminars that build their skills and their confidence.

First, the media must not take this lying down. Journalists Fourthly, the media has a duty both to the profession and must be proactive in resisting this Bill; engaging all to their community to stay out of trouble. That means one stakeholders in the media industry and the general public to should not go out of their way to break the law. raise awareness about the danger that this document poses Furthermore, one ought to read the signs of the times to press freedom. The freedom of the press is the freedom correctly and appreciate that even though arguably within of the people; nothing less and certainly nothing else. the parameters of legitimate conduct, certain reckless and Secondly, in all fairness, the media must exhibit a high unnecessary acts may unduly infuriate the state and cause degree of responsibility in its reportage so as to make a undue crackdowns on the individual journalists or their good case for self-regulation. Like any other profession, the media houses. The conduct of a journalist should never media can regulate itself. But it must exhibit evidence of that compromise the safety of the media house. At the end of ability, rather than indulge in sometimes downright reckless the day, the media house is both a national service and a and irresponsible acts that undermine its integrity and raise business. When the business side is ruined, the other wing fundamental questions about its ability to regulate itself. of national service inevitably collapses as well.

Thirdly, the media must embark on solid and sustainable Lastly, if efforts to fail this Bill do not yield fruit and it is training programmes at both individual and institutional passed into law in its current form, the media should explore level to build its capacity to manage the ever-changing and the possibility of pursuing court action in a bid to have the law declared unconstitutional.

m e d i a and elections Page 29 Continues from Pg 27 be suppressed unless the situations The proposed amendments therefore legal committee, the civil society created by allowing the freedom are go against the wisdom of the court organizations, the public, journalists pressing and the community interest judgment in the Onyango Obbo case. and managers of media houses. is endangered. This means that the anticipated danger to national security Yet on the balance, government has The existing legal framework and public order should not be remote, the largest share of the media platform governing the media laws also put conjectural or farfetched. in this country. By having a national in place disciplinary procedures and radio and television network with the measures that can be taken against However it should be noted that in widest reach, and owning majority errant media and journalists. The Uganda and with the new proposed shares in the Vision Media Group problem is that the state has done very amendments, the government that boasts of two daily newspapers, little to enforce these laws to ensure continues to treat press freedoms as a regional publications and a string of fairness on part of the media and the matter of strategic public bluster and radio stations, the government far aggrieved public. not a constitutional guarantee. This is because the state And when they have chosen to apply functionaries are averse to the provisions of the law the enforcing public criticism because of agencies, in this case , the Media and the sometimes irrational and, the Broadcasting Councils have done in some cases, undemocratic so -albeit selectively and on political manner in which they run instigation. And their decisions have government. been generally outrageous. In the recent two cases of State vs Red Pepper in the But the primary objective Gaddafi-Tooro Queen Mother case and of freedom of expression suspension of journalists and closure of is to empower people to radio stations following the September participate in decisions that riots, the accused persons and affect their livelihood. And management of the closed radio station this empowerment cannot be were never given a hearing. over-emphasised especially Launch of the Free Media Campaign in now that we are heading Kampla, November Thus the principle of fair trial and rule into the general elections. of natural justice which allow for an This is especially true in the context outcompetes its political rivals in accused person to be heard before an of the forthcoming elections where having its political philosophies and impartial tribunal were never followed. candidates seeking elective national policies disseminated to the masses. political offices should address the No wonder there continued to be issues that are central to the Ugandan In any case, governments all over agitation since the bloody September public. In other words, freedoms of the world can only sell their policies riots for the opening of the Central speech, expression and the media are to the public and the media for Broadcasting Station (CBS). intended to promote accountability and support. They can force public or Government on October 23 2010 transparency in governance. pro-government media to toe the agreed to re-open the radio without any official line to manufacture consent conditions, a year after it was closed In the same Supreme Court case but they cannot force the audience down. The closing of the station led to cited above, the judges cemented this to buy those policies wholesale. loss of jobs for many young people and principle of the law by stating that “in a deprived the public of vital information free democratic society, it is almost too And one wonders why government needed to make informed decisions. The obvious to need stating that those who is pushing for the amendments just country does not need to go back to hold office in government and who are months to the general elections when these dark days since neither party in responsible for public administration there is already a broad legal regime the CBS case has gained anything in must always be open to criticism.” Any to govern the media in this country, the radio’s being off air for this long. attempt to stifle or fetter such criticism which is restrictive enough. The Press amounts to political censorship of the and Journalists Act and the Electronic The law should be employed to most insidious and objectionable kind. Media Act are laws which provide for protect the public good and not regulation of journalists in practice political ambitions of a few people in But a democracy means that there will and set ethical standards for their leadership. There are also other laws always be two or more competing views- conduct. These laws, though some of that impact on the work of journalists political and otherwise- to allow those their provisions are objectionable, were in a negative way and could be invoked who are governed the freedom to make enacted after consultations with all by the state especially in the coming a free choice on how they should be the stakeholders who included among general elections. These include the led. The media is just a vehicle by which others, government officials, members Anti-Terrorism Act and the Access these democratic ideas are conveyed. of parliament on the parliamentary to Information Act. Under the Anti- Terrorism Act, there is a lacuna (legal

Page 30 UGANDA MEDIA REVIEW gap) about the definition of who a wrongs and excesses of government it can use to counter the alleged ‘terrorist’ and ‘publication’ is. This officials and the widespread falsehoods by private media through lacuna in the law is a cause of serious corruption in public service. public sensitisation and provision concern among the media professionals of the correct information without in the country, largely because many And while media firms and journalists’ resorting to underhand methods and government officials including President groups like UNEPA should promote macho maneuvres against journalists. Museveni have in the past openly higher professional standards among equated journalists to rebels or labeled journalists, it is also the duty of the media It is a contradiction in terms for state them government enemies. as the Fourth Estate to expose abuse officials to intimidate the media and of power by those who are in authority. at the same time brandish democratic credentials. A vibrant and free media Most worrying is the fact that the This is the watchdog function, which is a environment is but the hallmark law hands out the death penalty to true democratic mandate of the media. of civil liberties. It is also true that journalists found guilty of publishing or some elements in the media are airing information or material deemed It’s now an accepted international legal guilty of partisanship, corruption, to promote terrorism. The threat of the norm that a free media is essential for lack of professionalism due to little death penalty is enough reason to lead creation of democratic societies. This or no professional training. But these journalists into self censorship. is a universal and fundamental right. shortcomings should not be the basis for government censorship. Rather the The Access to Information Act It is pertinent to point out at this stage government should encourage more unnecessarily gives enormous powers that the government maneuvers to gag self-regulation and better training of to a public servant not to release the media through legal and other means journalists. information in the custody of the state is inconsistent with the rapidly changing if he/she deems it to be prejudicial media technologies. Government’s Even if complainants opted to use to ‘national security’. And there are strategy to target formal media ignores the existing law, there is an elaborate already cases where this power has the new media which has proved far appeal process right up to the Supreme been abused. In the case of Charles Court and, better still, aggrieved Mwanguhya and Angelo Izama vs State, more widespread than earlier believed. The advent of digital reporting, text members of the public can sue to now being heard in the constitutional recover damages and be compensated court, government refused to release news messages and global phenomena of the dot-com journalism and citizen for the wrongs suffered at the hands of the oil contracts after the two journalists journalists. Increased criminalization of applied for the information under the journalism has changed the speed and reach of news. misdemeanors and increased punitive provisions of the Act. The government action against the media have created a officials invoked the powers given situation where security officers exceed to them under the Act to decline the The total newspaper daily print run in Uganda is less than 100,000 copies. But their mandate when dealing with release of information by citing ‘threats perceived media offences. to national security’. Some of these there are six million mobile telephone subscribers in the country. Any news laws therefore, need to be revisited and Some of the provisions of the law the repugnant sections repealed. that government would not wish printed can easily be circulated over the phone governing the media in this country to six million Ugandans. including the proposed amendments The Uganda Newspaper Editors and are largely aimed at muzzling free Proprietors Association (UNEPA) has speech and expression rather than rightly objected to the state’s attempts Despite the fact that freedoms of media and expression are constitutionally guaranteeing it. In this situation, security to gag the media. In their recent officers do not consider it their duty to statement, the association has called for guaranteed, there are agents of the State who continue to treat media protect media freedoms but come in dialogue between the government and only to curtail them. the media to ensure that there are only freedom as a punching bag, something to hit at whenever they are not happy. the regulations that will not impinge on More anti-media laws mean the State no the fundamental rights of press freedom This is particularly true where state officials are averse to criticism in cases longer considers media vital in exposing and the freedoms of free speech and rot in its systems and this is a reflection expression. where journalists have been harassed or treated using unconstitutional means. of the perceived lack of political will to tame vices like corruption and abuse It is a fact that journalism is no easy Cases have been recorded where of office or even possible electoral task at the best of times- especially malpractices in forthcoming elections. when questions are raised about the security officials harass, beat and workings of journalists and the capacity lock-up journalists for a mere spoken or written word. The ideal A media strategy that encourages of the media, especially those outside intellectual discourse, openness on part the realm of government- to provide would be for government to use its vast media outlets to make counter of government, dialogue and tolerance accurate, reliable and timely information for divergent views will go a long way to on the conduct of those who are in arguments or clarifications, or even follow legal channels to counter grow our democracy. The media being charge of running the government. the last frontier to realising civil liberties the media. The government has a teams of well paid media and public should never give in to state patronage, The role of the media in a young let alone harassment. democracy like Uganda is very crucial relations advisers and strategists in highlighting and exposing the

m e d i a and elections Page 31 DEPTH REPORTING TAKES FLIGHT When the media do not interrogate the issues

“Pupils can’t read,” read the headline What the readers deserve are public funds, bad government policies and in the Daily Monitor on 13 October affairs journalists who do not just string lack of accountability, alleviation of 2010. The story went on to say that, together a few sentences to make a human suffering, mismanagement of “The findings indicate that 98 percent story. The public needs journalists the electoral process, among others. of P3 children sampled could not read who define, understand and examine and understand a story text of P2 level the key issues that get into the news. Therefore, public affairs journalists difficulty. Also, 80 percent in the same Most importantly, we need public affairs have got to be able to appreciate key class could not solve at least two journalists who ask the right questions issues of public concern; these should numerical sums of P2 level correctly.” and hold those responsible accountable cover all spheres: political, economic, social, cultural, religious I read this story a week after the teacher Uganda’s vibrant media does well on or otherwise. The of my five year old had politely and providing information, but as Ann Mugunga journalist should then rather ashamedly told me that the explores, they may not be connecting with appropriately package school had “run out of work” for my son this information for because his reading level was already the citizens to highlight those issues that pain inclusion on the media above that of primary one. “His reading the people most. Focusing on events deprives and communication and numeracy are for primary level the public of vital information for enhancing agenda. The public and we are only biding time before he citizenship affairs journalist joins primary one next year (in January). should get insight into Otherwise, our work here with him is through accurate, insightful and what those who are supposed to be done, only that he needs to “wait” for analytical reporting. accountable to the people are doing his peers so that he can be in a class and not doing. They should know the with his age mates,” she said. Public affairs journalism is a broad concerns of the public. As people field, which in some instances privileged to have access to centres of “What a contradiction, considering that includes areas such as investigative power, they should be of help to those the average P2 child in Uganda is seven journalism and muckraking, where who do not. years old, and my son is five,” I said these serve the public interest and the to myself. But are issues ever closely public’s right to know. Public affairs Michael Killenberg (2008) said that analysed thus for us in the media in reports often focus on unethical activity, journalism is a service to the public, Uganda? Is public affairs journalism in a or aim to interrogate social evils that and so public affairs journalism should place where it can go beyond the news are of public interest and generally be a service that is beyond information, and report the relevance of the news? hurt the voiceless masses. These may stretching as far as information What are the chances that my son’s include mismanagement of public application. peers will be able to compete favourably with him at the primary leaving exams? What are the chances that those children will grow to their full potential; or that someone will take the “illiterate” children’s plight seriously? After all they do go to school, remember?

In the days that followed I looked for an interrogation of the education mess in the country; I waited patiently for a political party to come up and tell us their plans for addressing the problem. I looked out for a journalist, a newspaper, a radio commentary that would pay attention to the muddle that is an excuse for universal primary education, and nothing came up. The attention shifted quickly from the children who daily go to school but know nothing, to Moses Kipsiro, the athlete who had won two gold medals for Uganda in the 2010 Commonwealth Games. Yes, Kipsiro deserves his spot in the sun but so do the seven year olds who do not know the difference between “there” and their” after six years in school. Journalists should interrogate public concerns like the epidemic of potholes on Uganda roads to give the big picture.

Page 32 UGANDA MEDIA REVIEW “This concept of public affairs journalism is embedded in the historical and principal Journalists will, however, argue that role that the media has to play for society, and is still relevant and much needed even although the public “needs” the at a time when its application in modern day journalism is increasingly becoming a interrogation of issues, rarely does it challenge, and where merely providing information is no longer a sufficient role for “want” it. Many practicing journalists journalists to play in public life.”1 hold the view that often people will buy the newspapers with the sleazy Public affairs journalism greatly relies on the journalist’s ability to identify issues gossip columns and pay little attention of public interest, which is the outcome of a process of democratic debate and to exposes that take weeks, sometimes decision-making. Public interest is however, never fixed but always changing, months to investigate and report on. developing and subject to negotiation. This assumes that journalists are working in Coupled with that is the competition an environment where reference can be made to some widely held values. But this among the media houses to sell more is daily being challenged both by new media and its application by the various users. copies, attract more listeners, or draw more viewers. Community or public journalism is the philosophy that media organisations should try to solve civic problems as well as report the news. Other reasons advanced for the absence of indepth public affairs journalism Al Neuharth who created USA Today in 1980 said: “It is my belief and my hope that include the cut throat competition, the journalism of the future can and will deliver news that people can use – but more which leads to the production of important, that they believe – and that has a place in their lives every day, whether it infotainment and the light stuff that will is in the board room, in the class room or on the refrigerator door.”2 win audiences and increase sales.

Challenge Michael Killenberg holds that, “Competition alone does not explain journalism’s diminishing role as public servant. Everyone, it seems, with a talk show plays the game of make- believe journalist. Although they bring politicians and policy makers on for chats, they provide a safe haven - a civic duty free zone where no one demands accountability and no one challenges or contests what the high profile guest says or does.”

The new media advances also offer challenges to the media in Uganda. As it attempts to interrogate issues, it finds an audience already scampering Garbage, garbage everywhere…and we bury the story in the garbage pit too. for alternative sources on the Internet via Face book, and quick updates on their phones. That leaves them The journalist, therefore, is confronted with the task of ensuring accuracy and (audience) with little attention dedicated fairness in filling that role in society; yet it is also true to say that there is a continuing to mainstream media of radio, TV and need for practicing and would be journalists to master the basic skills of reporting the newspapers who now have to either and writing – no matter what tools one uses or how one’s report reaches the public. play catch-up or get alternative means of reaching a fickle and ever shifting In Uganda public affairs journalism, just like investigative reporting, is a challenge to audience. the media houses and the journalists who have to strike a balance between sales and service. “The world that reporters cover is now more dangerous, complex and “The Internet too has spawned a slew ambiguous. People’s lives have changed to be more confusing, dangerous, and of imposters who operate without 3 troubling and they depend on journalists to report news of import to their lives.” allegiance to codes of ethics and values that guide responsible journalists. Issues like the electoral process in Uganda need curious and enlightening Americans, young and old, find it interrogation for the public to be able to understand the process and participate in liberating to access news online and it in a way that will produce the best results for society. “Democracies depend on frequently search for news in non- journalists to keep the citizens informed and hold the public and private institutions traditional places.” The challenge is for accountable. Unfortunately, the traditional, civic-rooted role of journalism has the professionals to venture into the suffered as news organisations, at times, pander to the perceived public appetite for non-traditional news arena and bump 4 spectacle, sleaze, and sensation in search of audiences….” out the masqueraders.” 5 5 Public Affairs Reporting Now: news of, by 1 The Two Ws of Journalism: the why and what of public affairs reporting. Davis Merrit, Maxwell E. Mc- and for the people. Michael Killenberg. 2008. Combs. 2004. Lawrence E.A. Publishers. 2 McQuail’s Mass Communication Theory. Fourth Edition. Denis McQuail. 2000. Sage Publications. 3 Michael Killenberg (2008) Public Affairs Reporting Now: news of, by and for the people.. Focal Press. 4 Michael Killenberg (2008) op.cit

m e d i a and elections Page 33 The easy and relatively cheap means percent, forcing a re-run.” And although to access information has made public there are various suggested reforms affairs reporting even more challenging such as disbanding the Electoral to journalists in Uganda, who often Commission and prohibition of the abandon the field for easier tasks. The involvement of the army and other few who stick to the trade are prone to security agencies in the elections, mediocrity. The audience, now more little is given by the journalists in form demanding and sophisticated is left of solutions for the many voters that with no option but to abandon local read the story. media and switch to more in-depth stories from abroad, that is on the Subsequent media reports, however, Internet, on international television made an analysis of the above report, channels, radio stations.. and what it means for the fate of elections in the country. Frederick The above, coupled with self Ssali in the New Vision of 11 November censorship, the fear to antagonise those 2009 said that exorcising voter ghosts UPE under spotlight: What is the quality? in authority, inadequate training of the from register calls for united effort: Who is failing this great initiative? media practitioners, and ignorance by “All key stakeholders in Uganda’s the journalists of their full mandate and electoral process should uphold and More space, fewer responsibility, further diminish the role respect the Electoral Commission Act, discussants of the journalist, making it harder for the 1997; and to give confidence to all specialised, interpretative reporter to the stakeholders, the EC should hold New media arenas especially in penetrate the market and make a strong regular consultative meetings with broadcasting and the Internet are point. However, that does not excuse all representatives of political parties in Uganda infiltrated by a number poor exposition of public affairs. and update them on the process on a of masqueraders and so trained regular basis.” journalists need to storm them with The Daily Monitor, on 22 October 2009, informed, insightful and well researched said that a report commissioned by The growing discomfort with the presentations so that the audience can the NRM Secretary General, Amama workings of the Electoral Commission have alternative sources of information Mbabazi, discovered that there are one (EC) in Uganda perhaps draws from that are plausible enough to assist them million ghost voters on the national the fact that the blotted voters’ register make informed decisions. voters’ register. The report said, “The has never been fully explained. “It is a NRM investigators were stunned that public secret that our voters’ register Another challenge that is especially although multiple voter registration is fundamentally flawed. There are posed by new media is that it is becoming was widespread, EC officials in the concerns from the NRM as well the increasingly difficult to ascertain western Kasese and northern Lira opposition about ghost voters on the social consensus on various issues of districts would register the same register. A report by the NRM last year concern. With a segmented audience, voter as many as 20 different times. It discovered that one million registered what is considered as generally was intriguing that in Rubanda West voters were non-existent. The EC has acceptable to the audience becomes a constituency, Kabale district, at least also discovered that 159,419 people moving target for the journalists. “The 630 of the 1,600 voters in Mushanje, have registered more than once. second requirement for democracy to Ikumba sub-county, shared similar function is a method or place for the names and birth date of January 1,” Following the completion of the citizens to discuss the information they the researchers said. registration update exercise a few have acquired. Technology has also months ago, sections of the public expanded, and complicated that task. “This matching, the researchers raised doubts about the genuineness of Whether on talk radio or television, in suspected, is being used by the election the statistics published by the EC. The Internet chat rooms, through e-mail or officials as a common denominator to point of contention was that the number personal websites, the opportunities for identify “ghost voters” to inflate tallies of registered voters is inconsistent exchange of views have multiplied at a for preferred candidates.” with the Uganda Bureau of Standards breathtaking pace. The dilemma is that (UBOS) statistics. The EC, however, increased opportunities for separate The report’s conclusion was that, maintains that UBOS’ figure was a conversations do not automatically “There was no merit for many in projection of population increase while mean more people are involved the 2006 election. This unfortunate what it has published is the actual in “common” conversations. This disease was created in the Movement figure. Precisely, that is why the register fragmentation makes social consensus system by individuals whose display is crucial. It is important that difficult to recognise.”6 ideological thinking did not fit in with we, as citizens of voting age, do not the Movement. Having said that, the remain spectators. We expect that There is general increase in knowledge errant individuals seem to know where with everyone’s constructive input, the among the people in Uganda. Access all these “ghost” voters are.” ghosts on the register will be identified to more advanced technology and and recommended for immediate faster speed of news have widened the The story further talks of how the deletion. scope for choice among the audiences. opposition is planning to take Focal Press As political parties and the civil society 6 Public Affairs Reporting Now: News of, by advantage of the ghost voters in the and for the People. Michael Killenberg. 2008. system as well, “to bring the NRM join efforts to push for electoral reforms, Focal Press. candidate’s 2011 score below 50 the introduction of fair electoral systems must start with a thorough clean-

Page 34 UGANDA MEDIA REVIEW up of the voters’ register. Without a unleashing terror on the citizens; the potholes on most roads in the country clean register, this country cannot commuter taxis are uncontrollable with and despite various budgetary attempts have an effective electoral process fares increasing during peak hours; and to address the problem, it persists. that is acceptably free and fair to all the promised organised bus system Therefore, a thorough investigation participating political parties. We have is a forgotten plan. The politicians do into the matter was a break from the little time left to get it right,” said the not want to enforce the ban on boda routine.. The journalist revealed how the New Vision editorial of Tuesday, 12 bodas in the city centre for example, roads ministry had received the biggest October 2010. And on the guessing because they fear to lose out on the slice of the national budget last financial game goes with the public wondering accompanying votes. The sad reality year 2009/ 2010 but roads across the who will do the job of cleaning up the is that while everyone else in the public country are dotted lines of massive register, and the journalist sitting on the is turning a blind eye, or has ceased to potholes. fence and throwing in a few lines but notice the ills, the journalists too do not not clearly helping to solve the problem. play their part. “In some places road works go no for ages. The Auditor General’s In a few months’ time the country will Whereas Uganda is largely an agricultural report highlights failure by UNRA to vote for new leaders in all political economy, fewer people are engaging in adhere to procurement regulations offices in the country. Virtually all issues agriculture. Programmes that affect the public are now electoral like the National Agricultural questions. This is the work of th public Advisory Services (NAADS), affairs journalist to examine the issues which are meant to benefit and put them on the media agenda; to the poor farmers, do not scrutinize the candidates manifestoes; accomplish their intended to challenge the incumbents on earlier purposes. The Democratic promises made; to interrogate those Party leader Nobert Mao new comers are making. In the end, was quoted by various the public affairs journalist should help media on Monday, October the voters get the important information 19th 2010 saying that the needed to assess candidates on the government had turned basis of real issues, and not merely to NAADS into a project be persuaded to sell their birth rights for that benefits only the rich a bar of soap or a glass of waragi from farmers while neglecting the candidates.. the poor ones. Journalists are not questioning why the The closest that media houses government seems to have have to a specific person handling abandoned to the private public affairs reporting is the political sector core responsibilities Journalists are yet to dig below the showcases editor. However, even these are short like provision of agricultural to get to the bottom of the NAADS scandals changing the audience by focusing education, investment on the political figures, covering the and stabilization of produce prices. and supervise road works. An insider personalities and not the issues. In Journalists have not established (whistle blower’s) account to the World August 2010 the Movement political correlations between this abandonment Bank accuses Uganda National Roads party held its primary elections and a lot by government and the growing rural Authority executive director Peter of emphasis was laid on personalities. to urban migration.. The Uganda media Sebanakitta and the board Chairman, Often comments of “so and so is a new has not dissected these issues for the Chris Kassami, of creating the mess … comer, we should vote for a historical” public to understand them and thereby by interfering with decisions made by were heard, as opposed to “so and call for corrective action. the technical committees … and the so can help the local farmers increase continued attempts to circumvent the their yields, or sort out other problems”. Daniel Kalinaki, Managing Editor of the laws and award contracts to favoured Rather surprisingly, the voters seem Daily Monitor raised issues with the companies.” to be more interested in who can buy quality of media coverage of important them a bottle of beer than who can topics. Kalinaki argued that, “There is The story on the mess in the roads ably approach the Ministry of Health to generally growing attention and space sector followed weeks of investigative ensure that there are drugs in the health devoted to coverage of public issues research and a concerted effort by the centre next door. Is that because they such as health, environment, corruption, reporter to get to the root cause of the know that all the politicians in elective as literary and civic engagement grows. problems of the poor roads. offices are unable to get things done the However, a lot of the coverage remains way they should so the electorate have shallow and event-based, rarely joining The journalist and his editors put the begun to focus on getting something the dots to help identify patterns. As roads issue on the media agenda personal out of the campaign trail. a result, journalists rarely give citizens employing the name and shame full functional information with which to strategy. This approach will probably Many other issues that are not treated make informed decisions.” see a change in the way things are with the seriousness expected of the done, bringing about long awaited relief media include the poor transportation A good attempt at public affairs for the road users in Uganda. system especially in urban areas. journalism was in the Saturday Monitor of Kampala for example was scheduled to 09 October 2010 entitled, “How money Altogether, on the media still has a lot of have a bus system by 2006. Four years deals are killing roads”, by Chris Obore. work to do to bring other burning issues down the road, the boda bodas are still Uganda has had an enduring problem of

m e d i a and elections Page 35 to the agenda for candidates. The media interrogate issues, the public greatly and report on them indepth, considering should use public affairs reporting loses out not just on promises made all perspectives of the story. projects to hold public servants by those in public offices, but also on accountable and make candidates from what is rightfully due to them in the first The over-dependence on event based all political groups put these issues on place. stories without interrogating the their campaign platforms.. processes, causes, consequences and other related stories devalues the The list of issue is tall: poor garbage Some suggestions profession and does little to promote collection, very high costs of education To deal with the problem of poor citizenship and democratic practice. If in private and government aided exposition of public affairs by the media, anything, the breaking news, the events schools and at university. education a number of things need to be done: should only serve as triggers to further where government sponsorship is interrogation of issues. limited, there are no drugs in the The public affairs journalist should majority of health centres in the country, become more familiar with the The biggest challenge, however, goes the poor pay of medical officers, poor functioning of government, because to the journalism schools. The absence observance of human rights by the this is the major focus of press scrutiny. of good public affairs journalism is a security agencies, failure by the local Often, there are more documents major statement on the effectiveness governments to enforce by-laws available, and more officials willing and relevance of college journalism leading to issues like jigger infestation to talk, than the journalists believe. education to newsroom realities. in Busoga; and unemployment, among Therefore the public affairs journalists Makerere University’s department of many other issues which only get need to know how to follow the paper Journalism and Communication will minimum attention from the media. train, and how to do in-depth interviews. next year conduct clinics for practicing Although public affairs reporting is hard journalists in investigative reporting work, and gathering information is a techniques as part of a bigger program Some attempts tiresome task, the relentless journalist to enable journalists engage in depth Every media house can decide on is soon rewarded with credibility and reporting. the best way to execute public affairs reputation. projects. At the moment, segmented In conclusion, the media must stand up platforms in newspapers can work as The media can also tilt the nature of and perform its watchdog and public good space for interrogating relevant political campaigns by generating education roles to make a difference issues. For instance, the Education issues and putting them on its agenda to this campaign. Media can indeed Guide in the Daily Monitor of October 18th so that candidates are judged on how radically alter the nature of campaigns 2010 suggested parental involvement in they intend to solve these problems. if they raise public concerns into real class as one of the remedies to the poor That way, the media can influence campaign issues. And indeed the media learning delivery in UPE. Various other the construction of manifestos so should do that because the masses lifestyle and special interest pull-outs that parties and candidates seriously are resigned to not demanding better on health, farming, sports, business, consider the concerns of the people in service, to just looking on and listening motoring and transportation, women their various locations. to the candidates’ (sometimes empty) and others approach social issues promises. Another election, another from a more inquisitive angle. There do Media houses can also design public campaign. This time the media should attempt, but they are still neither deep affairs journalism projects similar take on the challenge. nor broad enough. There is still work to investigative reporting projects, to do there.. When the media do not whereby the journalists take up issues

References: 1. McQuail’s Mass Communication Theory. Fourth Edition. Denis McQuail. 2000. Sage Publications.

2. Public Affairs Reporting Now: News of, by and for the People. Michael Killenberg. 2008. Focal Press.

3. The Two Ws of Journalism: the why and what of public affairs reporting. Davis Merrit and Maxwell E. McCombs. 2004. Lawrence E.A. Publications.

4. Writing for the Mass Media. Sixth Edition. James Glen Stovall. 2002. Allyn and Bacon.

5. The Daily Monitor, 13 October 2010.

6. The Daily Monitor, 22 October 2009.

7. The New Vision, 11 November 2009.

8. The New Vision, 12 October 2010.

9. The Saturday Monitor, 09 October 2010.

10. The Education Guide in the Daily Monitor, 18 October 2010.

Page 36 UGANDA MEDIA REVIEW A CASE FOR SELF REGULATION IN UGANDA Introduction in many juridictions across the world, • Do media houses have ethical especially on the thorny issue of who principles which guide their work he last 20 years of relative media should do this job; the State or the and their staff? freedom in Uganda led to a boom journalists themselves? In Uganda, How can we avoid the growing characterised by the proliferation • T government has always been ahead trend of state regulation of media of media outlets, a considerable of the journalists, regulating media work and litigation? increase in the number of journalists conduct through sets of laws prominent and the evolution of various genres of among which are the Penal Code Act • Do media practitioners have to media outputs. This boom, on the other and the Press and Journalist Act. account to anyone? Do they have hand, also created a situation where societal obligations? the quality of journalism and the level of The last decade saw an increase in These questions have enriched the media related offences, which led debate among Ugandans about journalists into countless battles in whether we should continue with State court. Relations between the media regulation of media or whether the and government hit its lowest levels media practitioners can put their act in 2009, when government ordered a together and move along the path of crackdown on radio stations. Before self-regulation. If it were to be put to a that, mainstream newspapers had vote, it would appear that the majority suffered a series of sanctions including of Ugandans would support increased suspension of publication and forced State regulation because they do not removal of senior editors, notably at see the media as accountable to the The Monitor newspaper. All this was people. presumably done to ensure that the media reports ‘responsibly’. Key Questions At the same time, media monitors Professional standards, ethical conduct, continue to record many cases of accountability to the audiences and breach of standard ethical conduct by freedom of expression continue to journalists, ranging from mere factual remain key issues to the public in general errors, intrusion into private space, to and the media in particular. Many media more serious breaches like indecent consumers continue to grapple with exposure of near nudity that have come the question of how media gather and disseminate news The State will continue to legislate against media and whom they are ethical conduct have come under the with often painful consequences to media people. accountable to. spotlight of public scrutiny. However, Haruna Kanaabi calls for media to commit to more self regulation as proof of When challenged over The State has taken advantage of this professional maturity these key aspects of situation to rein in errant journalists their performance, through legal frameworks and journalists take offence of criticism. direct attacks, including arrests and to characterise the tabloidization of They like to occupy the moral high intimidation. The State has the means sections of the media. ground, but rarely show the humility to exact desired proper conduct, but and moral courage needed to admit the majority of ordinary citizens do This calls for a soul searching and an mistakes, to take responsibility for their not. At the same time, the State has inquiry into the performance of the actions and to make amends to those been selective in the way it reprimands media. A few questions will guides us they offend.1 journalists preferring to deal with issues through this discussion. that concern government, public order And this explains why most Ugandans and security but remaining unconcerned • Do journalists and their editors fully would vote for statutory regulation. about demanding ethical conduct from grasp the extent of responsibility Statutory regulation is any measure media practitioners. expected of the profession? taken by the parliament or government towards the management of the media. How can the media be brought to • What type of training do journalists receive and how are they nurtured 1 See The Ethical Journalism Initiative page 38 order, to account for their actions and By Aidan White Secretary general Interna- to be responsible institutions and in newsrooms? tional federation of Journalists (IFJ) individuals? This is a debate common

m e d i a and elections Page 37 The government and the legislature of moral conduct expected of persons “Self regulation in any profession or under this mechanism take over the working in these areas. In short, it would sector entails the development and responsibility of holding journalists be a hard and futile exercise for the enforcement of rules by those whose accountable. Government initiates State to legislate morality. conduct is to be governed, with the media bills and Parliament passes ultimate aim of improving the service them into law. Some of these laws are Article 19, a media advocacy group, offered to the consumers, claimants stringent and, in Uganda’s case, have submits that: “The judicial system’s or-in the case of the media –the public clauses like; “to exercise disciplinary crude alternatives of guilt or innocence at large. It requires standards to be set control over journalists, to co- are simply inappropriate amid the and agreed on by the individuals and ordinate and exercise control over, to nuances of daily news production. institutions to which they will apply and supervise and to exercise any function The courts are blunt instruments. the development of procedures and that may be authorised or required by They frequently demand standards of mechanism for enforcing them. any law”2 Some of the clauses in the proof, which may be appropriate in a laws give government wide powers legal setting but which stifle political “Fundamental to self regulation is the to do anything it deems necessary discourse. Some judges expect principle of voluntary compliance. Law in enforcing media accountability. journalists to prove everything they courts play no role in adjudicating or Some laws call for punitive measures write as conclusively as a lawyer would, enforcing the standards and those like revoking licenses, shutting down with forensic evidence, witnesses who commit to them do so not under media houses, court sanctions, and concrete proof. They forget that threat of legal sanctions, but for imprisonment and death3. journalists do not have the power of positive reasons, such as the desire to arrest and that people lie to reporters further the development and credibility Uganda is one of the many developing with impunity. of their profession. Self regulation countries that still have stringent anti- relies first and foremost on a common media laws. Through this mechanism, “Journalists find out as much as they understanding by members of the authorities create offences and can about a given assignment before values and ethics at the heart of their penalties for media where they do not the next deadline. They know from professional conduct….” exist. For example one of the aims of experience that tomorrow’s findings the proposed Press and Journalists may well disprove today’s great As far as the media is concerned, self (Amendment) Bill 2010 is “to provide discovery. The “truth” you find on the regulation is built on the following for offences and penalties.” airwaves or among newspaper pages principles: is a tentative thing and comes with the Limitations of implicit warning: This is it, so far as we • Respect for the public’s right to statutory control know”. know Accuracy in news gathering and Although statutory control has the legal “The law can prevent good journalism, • reporting backing which helps in enforcement, but no law can create it. That is it is less flexible and less adaptable because good journalism is a matter of • Fairness in methods to obtain to change, and it can divert from its responsibility and you cannot force that news, photographs and documents original mandate and become less down anyone’s throat. It is impossible effective in achieving its goal.4 The to set rigid, exacting rules and practices • Non-discrimination in relation to type of media responsibility provided for journalists. How do you set a norm race, ethnicity, religion, sex and by the statutory regulation does not for the level of journalistic diligence sexual orientation do much to promote professional in covering a corruption inquiry or • Sensitivity in reporting on standards development and ethical in describing some horrific tragedy? vulnerable groups such as children conduct as well as promoting press It is possible to specify exactly how and victims of crime freedom. much and what sort of preparation is necessary before covering a major • Presumption of innocence in Statutory regulation is narrow in scope football match?” reporting on criminal procedures in terms of media accountability. • Duty to protect sources of Opponents of statutory regulation The benefits of self information obtained in confidence argue that it may be very hard for regulation either politicians or jurists to accept, • Duty to rectify published information 5 but there are areas of professional If the statutory regulation provides found to be inaccurate or harmful specialisation where the law is out of less benefits, then who will watch over Self regulation in the media seeks to place. These include religion, artistic the watchdog in order to protect the protect journalists and to hold them expression such as poetry and news public good and maintain harmony in and their media houses accountable to gathering. Any statutory regulation diversity? their profession and the public. One of would only relate to matters that affect the key instruments of self regulation the State but would not cover issues The second mechanism, self regulation is a code of conduct established by provides the answer. But what is 2 See the Press and Journalists Act and the the members of the profession, and Electronic Media act self regulation? Article 19 in a report which serves to show the public that 3 See The Anti Terrorism Act 2002 titled Freedom and Accountability: the media profession is accountable; 4 See Review of the New Zealand Press Safeguarding Freedom of Expression Council report by Ian Black and Lewis Through Media Self Regulation says: 5 See Freedom of Accountability: Safeguard- Evans page 8 www.presscouncil.org.nz ing Free Expression Through Media Self regulation

Page 38 UGANDA MEDIA REVIEW that it will act responsibly towards the However, self regulation has also faced Currently there is a huge debate in South people it serves as well as protecting some challenges especially since the Africa about government’s attempts to professional integrity. system lacks the coercive power to create a statutory body on the ground enforce proper conduct in journalists that self regulation is toothless, and, As a control framework, self regulation or even compel them to make amends additionally, that the press ombudsman is an easy, quick, free and accessible- to those they negatively affect by their had failed to prevent a sustained attack to-all mechanism, unlike the legal work. by the powerful media houses on the system which is most accessible to ANC government. After sustained the powerful, rich and elite. Media In early 2007 the British House of campaigns by the South African press self regulation promotes maintains Commons Culture, Media and Spots organisations, schools of journalism and encourages professionalism and Committee was tasked to make an and an international coalition of media accountability by allowing everybody to inquiry into media self regulation after activists, the South African government challenge the conduct of the media. It concerns were raised on how media was is backing down. But threats to media builds people’s trust in the media, unlike obtaining and using information. One of freedom and attempts to cause more the regime of laws whose intention is the issues they had to determine was statutory regulation continue in many not to build, but restrain the media. whether media self regulation offered countries, especially in the developing enough protection against unwarranted world. Self regulation has been tested invasions to privacy and if the public and proved to be effective in many and parliament should continue to rely The African Union’s Commission on countries. It is established by the media on this mechanism. Human and People’s Rights in its 2001 industry out of Declaration on principles of conviction that they freedom of expression in Africa are accountable to resolved that: “Effective self- their consumers. regulation is the best system for promoting high standards When the in the media.” Uganda is journalists willingly signatory to these principles. subject themselves to quality check The Speaker of Parliament, Mr. based the rules of Edward Kiwanuka Sekandi, the the profession, it Second Deputy Prime Minister, helps to keep at Mr. Kirunda Kivejinja, the bay the power of former minister of Information the state in regard the Late Basoga Nsadhu and to free speech and the Uganda Humana Rights free media which Commission (UHRC) have power could lead all supported self regulation to unjustifiable as the best mechanism to interference in resolve disputes between the media content and media consumers and the curtail the public’s practitioners. The Rolling Stone Story that sparked worldwide debate on right to know. issues of exposing gays. A witch-hunt or public interest? “The media fraternity, Mechanisms of Government and the public self regulation also make more realistic The Committee chaired by Mr. John should support the media practitioners distinctions than statutory regulation Whitttingale after its inquiry concluded of self regulation that is already in between which media workers, who are that: “We do not believe that there is place as a way of enforcing ethical journalists and those that are not. a case for a statutory regulation for standards. Effective self regulation is the press, which would represent a the best system for promoting high Because it operates on the rules or very dangerous interference with the standards in the media. Independent codes of conduct developed and agreed freedom of the press. We continue to media regulatory frameworks should upon by the industry, it carries greater believe that statutory regulation of the be strengthened to promote a free authority and respect among journalists press is a hallmark of authoritarianism but responsible media.” The Uganda than externally imposed legal regimes. and risks undermining democracy. Human Rights Commission, stated in When media practitioners subscribe to We recommend that self regulation its 11th Annual report to Parliament self regulation, and voluntarily adopt should be retained for the press, while released in October 2009. a code of conduct, that is a sign of recognising that it must be seen to be professional maturity. Journalism, like effective if calls for statutory intervention Aidan White, the Secretary General banking, thrives on public trust. Any are to be resisted.”6 of the International Federation of erosion of that trust leads to disastrous Journalists, has succinctly captured 6 House of Common Culture, Media and consequences and eventual collapse of Sports Committee Self Regulation of the the essence and value of self regulation business. Press Seventh report of the session July 2007 not only to the journalists and media pg 26

m e d i a and elections Page 39 houses, but also the wider cause of The road to self How does IMCU democracy thus: “But when applied regulation in uganda differ from the media to regulation of how journalists work, and broadcasting the law can undermine freedom of In February 2006 42 Uganda media councils? expression and the right of media to houses and associations voluntarily scrutinise power. Self regulation will formed the Independent Media Council The two are set up by law and they never be as ruthless and efficient as the of Uganda (IMCU) through which the are coercive in nature. They are not law in keeping journalism under a tight public can hold them accountable. self regulatory bodies but creations rein, but if it is credible and seriously They agreed on a journalism code of of government through Parliament. applied it can be a working example ethics as basis on which to hold them They are not owned by the media. of democracy, particularly if it involves responsible for their deeds. This Code They are authoritarian similar to what bringing journalism into the heart of the takes care of the three principles on the Portuguese created in their former community and giving people access to which self regulation thrives: truth colonies known as the High Authority media without government interference. telling, independence and fairness, for the Media. It is also important to For that to happen, self regulation must humanity and solidarity. note at this point that in the pending become part of the culture of journalism proposals for amending Press and and media management, running The Independent Media Council’s Journalist Act, the Media Council will through the operation of the newsroom primary role is to receive and adjudicate be made more powerful, and certainly and the business department. It must be complaints against media practitioners. more authoritarian. credible; it must be rooted in the defence An individual or organisation directly of editorial and media freedom; it must or indirectly affected by the work of Self regulation under the Independent defend journalists; it must promote the a journalist and/or media house can Media Council seeks not only to highest quality and standards; and it lodge a complaint free of charge with prevent the frequent confrontations must deliver trustworthy results” the Council. between the State and the media, but to also promote the protection of For journalists that means constant The process is simple; an aggrieved the public against media abuse and self questioning about how journalism party picks a complaints form from excesses. There are countless things should be practised - striving for the Council office or from any of the in the Ugandan media today that accuracy and good conduct in the telling member organizations or download it would ideally offend the public: errors of compelling and engaging stories from the Council’s website, fill in the of fact, misquoting, misrepresentation while dealing with the complexities of nature of complaint, forward it to the of facts and issues and failure to editorial decision making. Each day Council or email it. Verbal, telephone or contextualise. Others include abuse hundreds of thousands of journalists – sms complaints are not allowed. of minors and improper portrayal of reporters, editors and backroom staff - children, obscenity and near nudity, use make judgement calls on major ethical The complaint is studied by the of gruesome pictures of the dead and questions: Ethics Committee to see if it warrants injured and the mainstreaming of sex- adjudication. If the Committee is related stories. • Have I accurately and fairly satisfied, a letter will be sent to the reported what this person media house concerned and requesting Conclusion said? to resolve the matter amicably with the complainant. If the two parties don’t The campaign for self regulation in • Have we dealt with personal agree, the Ethics Committee proceeds Uganda is in its early stages but it trauma and grief with to adjudicate and pronounces itself on demands the appreciation and support sensitivity and discretion? the matter publicly. If the Committee of all media houses and journalists. If is convinced that the Journalism Code fully developed, there is no doubt self • Was it right to pay for information? of Ethics was breached, it orders the regulation will strip away the State’s publication or station concerned to tendency to legislate against the media. • Is this interview with a child publicise its pronouncement and must appropriate and properly accord it the necessary prominence. It is also important to submit that it organised? is time the State gave chance to the Legal representation is not allowed media to put its act together and • Has privacy been invaded and and the information derived from the develop self-regulatory mechanisms. was it right to do so? adjudication process cannot be used That will help reassure the media, which • When is it right to deceive and as evidence in the courts of law. No was badly shaken by the government to use subterfuge? costs are awarded to the complainants. over the last decade, that its role in the IMCU is not complementing the judicial democratisation of the country is being Have we reached the limits of • system, it is an alternative and the only appreciated. tolerance and decency?”7 sentence it gives is public shaming • These are very critical which no media house would love. It is questions in media practice. a court of honour.

7 THE Ethical Journalism initiative by Aidan White pg 140

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Social media interactivity is Even electoral commissions organizing It should be noted that social media spreading like bush fire in elections have tried to do so. Prior to are media designed to be disseminated Uganda. Denis Jjuuko dares the 2010 election that brought David through social interaction, created to say that it will replace Cameron to the office of British Prime using highly accessible and scalable legacy media in breaking and Minister, Facebook was used for British publishing techniques as seen already. delivering timely news about the citizens to register as voters. All one Social media uses Internet and web- 2011 elections. needed was a Facebook account and based technologies to transform would be registered instantly to vote broadcast media monologues (one thereby tapping into social media’s vast hile running for nomination to many) into social media dialogues abilities in electoral organisation. as the flag bearer for the (many to many). It supports the Democratic Party for the democratization of knowledge and W information, transforming people presidential elections of 2008, Barack But what is social Obama dispensed with tradition and media? from content consumers into content embraced social media. He created a producers. This is done using social social networking website as well as a According to Wikipedia11, social media networks. blog—http//my.barackobama.com— are media for social where people would learn everything interaction, using highly about him and his candidature. He accessible and scalable embraced Facebook, YouTube, and publishing techniques. Twitter which enabled him beat Hilary Social media use web- Clinton, who had been preparing for this based technologies to nomination for at least 20 years. Obama transform and broadcast went on to become the 44th president of media monologues into the United States of America. social media dialogues.

In his book, The Audacity to Win, Similarly, Andreas Obama’s campaign manager, David Kaplan and Michael Plouffe talks about the importance of Haenlein (2010) define social networking in Obama’s election social media as a repeatedly and how it helped them group of Internet-based organize and recruit volunteers. In applications that build this election, the legacy media learnt on the ideological a lot from social media about Barack and technological Obama. Even his announcement of foundations of Web 2.0, Vice President Nominee, Joe Biden that allow the creation was first distributed by mobile phone and exchange of user- text messages requesting people to generated content.” A Social networks will become lead providers of timely learn more from the social networking common thread running election news website as well as asking them to through all definitions of attend the event of his (Biden) unveiling social media is a blending of technology And social in Springfield, Chicago. and social interaction for the co-creation networking sites? of value. These are sites that allow content Since Obama’s ascendancy to the Holy to be published and shared among Grail of politics, many politicians across As social media continue to grow, the other users. A social network service, the world have embraced social media ability to reach more users globally according to Wikipedia2 focuses particularly Facebook, Twitter and has also increased. Facebook and on building and reflecting of social video streaming YouTube and picture Twitter, for example, have expanded networks or social relations among sharing Flickr even though there are so their global reach to Uganda, China, people, e.g. who share interests and/ many other sites including MySpace Japan, Indonesia, and Mexico, and, or activities. A social network service and Hi5. As an indicator of what is surprisingly, even North Korea. This essentially consists of a representation expected in the near future, even North means that information is able to reach of each user (often a profile), his/her Korea, according to the BBC, launched a broader range of consumers. Social social links, and a variety of additional on Twitter (@uriminzok) to probably media have become the new tool for services. Most social network services improve its image. They also have a effective distribution of information. are web based and provide means YouTube account. 1 http://en.wikipedia.org/wiki/Twitter. Adapted 2 Ibid on August 25, 2010. Wikipedia is a free online enclopedia.

m e d i a and elections Page 41 for users to interact over the internet, liberation of the telecom sector that saw airline crash landed in the Hudson River, such as e-mail and instant messaging. the launch of companies such as Warid the first images where posted on a social Social network service usually means Telecom and Orange Telecom. As a networking site, where reporters from an individual-centered service. Social matter of fact, some telecom companies cable networks had to ask the person networking sites allow users to share such as MTN Uganda and Orange allow who posted the picture about what had ideas, activities, events, and interests their users to access Facebook on their happened. A similar situation during the within their individual networks. cell phones free of charge. 2011 elections is highly envisaged. In journalistic speak, they allow practitioners to share sources, get tips This has made Facebook very popular Social networking as witnessed in for stories, verify sources and build among Ugandans who have taken on America during the 2008 elections is their source bases among others. the role of breaking news which was mainly used by voters between the previously a monopoly of legacy media. ages of 18 to 35. This means that Posetti (2010) has observed that social For example, I only learnt of the July 11 voters who were born in 1986 when media sites, including blogs, are now Kampala bombings from my Facebook the current government took over essential items in journalists’ kitbags. account. I was tucked away in the power will be 25 year olds who may be “They are tools for newsgathering and North West Province of South Africa as heavily involved in the determination of dissemination; for investigation and I watched the World Cup final. When I this general election. These are people crowd-sourced fact-checking. Perhaps signed into Facebook, the news was who will be breaking stories during most importantly, though, they are right there. Immediately, I wanted to elections on social networking sites on platforms for engagement with what check how fast the legacy media had what they have witnessed within their NYU’s Jay Rosen famously dubbed been in breaking this story. There was communities and polling stations. “the people formerly known as the nothing on the websites of New Vision audience” -- each one of whom is a and Daily Monitor until very many hours The Uganda Electoral Commission with potential source.” Posetti, 2010 later. There were also no immediate support from the USAID has launched a footage on all TV stations until the website that will inform voters regarding In Uganda, as we gear up for the 2011 following day. the election. A lot of people will link general elections, some politicians these results to their pages thereby have joined social networking sites. In the UK, results of a survey of sharing information. Debates will ensue Democratic Party president Norbert 1,000 people carried out by iCD and this will be similar to a local debate Mao, Vice President Gilbet Bukenya, Research suggest that 18.5 per cent in a community hall. Journalists should Forum for Democratic Change officer of respondents selected use social simply be in a position to “watch” these Mugisha Muntu, even President networking sites and 3.3 per cent RSS debates for new angles and insights. Yoweri Museveni among others all (Really Simple Syndication) for breaking Journalists should make no mistake have Facebook accounts. These news, showing a growing trend towards about the ability of social networking accounts, although mostly dormant aggregated and personalised news sites to ‘report’ violence, crowd turn up, for the better part of the year, will streams through Twitter and Facebook. or even delays in delivery of electoral become busy during the campaign A slightly higher percentage of female materials. All this will be information trail. I envisage them mobilizing respondents (105 compared with 80 that professional journalists will be potential voters and updating them on males) chose social networking sites interested in. the progress of the campaign. I see as a news source (Oliver, 2010). The some politicians trying to use them for numbers maybe low but they are Social media will also enable journalists fundraising drives. significantly growing meaning that publish stories that their respective journalists will have to tap into this base. editors may find hard to publish given Because these politicians are aware of the political circumstances in Uganda the numbers that have access to these This scenario will continue to happen during political elections. Since the sites, expect them to use them to their during the elections where social closure of CBS radio, editors privately advantage. There is going to be a lot networking sites will be breaking news admit that the state will do anything of campaigning on social networking ahead of legacy media. This makes it to them to limit their influence. Legacy sites as well as mobile phones. Every imperative for journalists to follow the media journalists and owners will fear political strategist working for any of tweets on Twitter and the posts and/ to lose their jobs and assets resulting the candidates will recommend social or updates on Facebook. There will be in self censorship. For social media, media and go ahead and design a pictures taken using cell phones and stories that may ‘endanger’ the lives plan for their clients. Because social other mobile devices and uploaded and businesses of editors and owners, media will be used to campaign, there immediately. Being present on these will be easily publishable on social is need for journalists to “attend” these sites, will enable journalists to get clues media sites and blogs. This is because campaign rallies. of events happening elsewhere which social media have proved difficult to they would never have had access to ban as we saw in the last elections in Social media in Uganda has been without social media. Iran. growing at terrific speeds as a result of, partly, data wars between the There will also be people on social In order for Ugandan journalism to telecommunication networks ever networking sites that can collaborate fully embrace social media not only since the landing of the sea cables at this information and act as witness during political elections but across the East African coast coupled with the sources. When an American Express the board, editors must be immensely

Page 42 UGANDA MEDIA REVIEW interested and should stop looking at low Internet connectivity among the is important to be alert to this kind of Facebook and Twitter among other majority of Ugandans. Although this social networking sites as a tool for kids information to like, said earlier, get news position is valid, we cannot simply rule tips and sources. and meaningless interaction. away the role social media will play in the 2011 elections. However, we should Also, candidates will use SMS as a Challenges also think about the cell phones after means of reaching voters with their all they constitute what is called new manifestos and general update of the There are several challenges some media (it is now debatable whether we scholars have alluded to regarding the campaign trail. Learning from Barack should continue referring to cell phones Obama’s use of cell phones, it is not usability of social media by journalists. and Internet as new media as they have The key one most people mention farfetched to presume that candidates been here long enough already to be will try to connect with voters by is the verification of the story being called “new”). told. I find this unnecessary because making serious announcements using text messaging. For journalists, this journalists will always have the duty In unpacking this stratum of thinking, of verifying information and sources is something that they will have to let us look at Kenya during their last consistently monitor. before it is published. Though unverified general elections in 2007. Cell phones information will always be posted on became such a big phenomenon in such sites, journalists will have to the distribution of news. Individuals Conclusion consider this as a challenge that needs exchanged text messages on what was address. As the old adage goes, if your Social media and cell phones may not happening elsewhere in the country. constitute the main media story of the mother says she loves you, you will Text messages became popular as have to verify that. 2011 general elections but it will be the first time in Uganda that legacy “Journalists ought to be among those media will stop enjoying the monopoly who embrace these challenges—make of breaking the news. It will be the first them part of what they think about time that Ugandans will be empowered and do every day, and have their to make their own stories of what’s experimentation go beyond their own happening without any form of censure. participation as individuals in this social And this information will go beyond sphere. We’ll learn by trying new ways relatives and friends into a global of doing what we’ve done with news, sphere—whose reach cannot even be by putting ourselves visibly in the social imagined. Journalists will have to be media mix, and by using the emerging super alert. tools of daily communication in all Cell phone citizen journalism will aspects of our work. It’s not enough to surpass radio and newspapers in delivering election news References watch from the sidelines or even to try to mimic what kids do” Doctor (2010). disseminators of news and information Doctor, K. 2010. A Message for shortly before the elections when Journalists: It’s Time to Flex Old Muscles Ugandan journalists must learn how to the population realized that legacy in New Ways. Niemen Reports. http:// use social media as well as embracing media were being monitored by the www.nieman.harvard.edu/reportsitem. it as tools that ease their work and government. Even Kenyans living aspx?id=102415. provide them with a reach that legacy abroad would read and monitor news media may only dream about. Social from international news channels about Kaplan A. M., Haenlein, M. 2010. Users media will not replace any of the tools their mother country and send to their of the world, unite! The challenges and that journalists use such as face to face relatives who had no access to other opportunities of social media, Business interviews, but it will significantly add to forms of communications. Horizons, Vol. 53, Issue 1, p. 59-68. them. However, even in circumstances Oliver, L. 2010. Social networks It is also important for journalists to note that don’t require any government rivalling newspaper sites for breaking that the use of social media in executing intervention in the way news is spread, news, survey suggests. http://www. their mandate does not exonerate SMS will be a popular avenue through journalism.co.uk/2/articles/540071.php them from their ethical responsibilities. which people will share information Plouffe, D. 2009. Audacity to Win; The Journalistic codes of ethics should still during the elections. For democracy Inside Story of Barack Obama’s Historic be followed as social media is simply a to take root especially in Africa where Election. New York: Penguin. tool that empowers journalists in more cell phones are widely used, SMS will ways than before. prove to be powerful tools for citizen Posetti, J. 2010. Journalism participation where the populace moves Education 2.0: Training in an Age of Cell phones as new from consumers to makers. But most Radical Change. http://www.pbs. media. The case of importantly, viral spread of information org/mediashift/2010/08/journalism- Kenya in 2007 via SMS and other cell phone functions education-20-training-in-an-age-of- such as ring tones can lead to legacy It is hard to tell whether social media will radical-change217.html. media pick up and mass dissemination. define the 2011 elections and cynics As journalists covering elections, it will always allude to literacy levels and

m e d i a and elections Page 43 WATCHINGWATCHING OVEROVER THETHE WATCHDOGWATCHDOG

In early 2004, when a section of senior journalists who had quit Monitor Publications Ltd started The Weekly Observer newspaper, they also introduced an innovative medium for their reporters to interact directly with readers. A reporter was required to append their email address at the end of each article and, in cases where a story was deemed too important, a mobile telephone number.

Reporters were able to engage directly with their readers long after the newspaper hit the streets. Through the reporters’ emails, readers criticised the stories published, offered new information for follow-up articles, and sought additional information about the subjects of their interest that had been covered by the reporters. The emails generally ensured that there was increased interactivity between the newspaper and its readers.

James Tumusiime, the Managing Editor of now bi-weekly The Observer says the direct email interaction, which remains active to-date, added more responsibility to the reporters to get it right in every article because the feedback often went to them first in cases where they made factual and other errors. He added that it also helped the newspaper get a better understanding of its readers.

“The idea is to get feedback and get to know what people say about your piece,” explained Tumusiime. “It is supposed to make you do better next time because the temptation to feel that you can just do your stories, [publish] them and not be accountable to anyone is erroneous. We should be Most media now use websites to interact more with accountable for whatever we put out there.” audiences, keep track of changing tastes and receive criticism of performance

When The Observer turned bi-weekly in March 2009, the paper’s managers are willing to try out new ways of assessing their management launched a new website through which it once performance, sustaining them often becomes a challenge. again pioneered another interactive multimedia application in Uganda; readers could now submit comments directly below the Thanks to the liberalisation of broadcasting that started in stories on the website. the early 1990s, there are now What is the best way to assess the performance over 122 FM radio stations Tumusiime says the online of media? As media managers tell Benon Oluka, and more than 10 television comments application helped ownership, market pressures and constant stations in the country. expand the realm of debate emigration of good people out of journalism are There is also a vibrant and beyond the letters’ pages in keeping the profession stunted. competitive press: three daily The Observer. However, as English newspapers, a bi- comments increased and the debates became more heated, weekly newspaper and more than 10 weekly papers, some Tumusiime says the newspaper’s skeleton operation was of them in local languages. Most of the media houses are soon overstretched – especially when they decided to edit all privately owned. comments to avoid legal possible pitfalls. That rapid expansion, according to Michael Wakabi, a “When you are still small like us, it is a lot of material and veteran journalist and president of the Eastern Africa therefore I have at one point been almost tempted to shut Media Institute-Uganda Chapter (EAMI-U), accounts for it down because we don’t have enough staff to edit the some of the problems that the media faces in its attempts comments,” said Tumusiime. “You see, what goes into the to develop because it is not matched with an injection of newspapers gets edited, but you would need a full time staff the requisite resources. if you are to cope with the online editing. Wakabi, who is currently the Bureau Chief at The East For many burgeoning print and broadcast media houses in African, a regional weekly newspaper, believes that while Uganda, like The Observer, this is an everyday challenge. Media

Page 44 UGANDA MEDIA REVIEW this problem affects the entire industry, the prevalence of low quality media to execute those ideas. We could its negative impact is greatest in the firms especially in the radio sector.’ obviously do much better,” explains private broadcasting sub-sector which Kanaabi explains. Tumusiime. “Most of the media has a shorter tradition than print. The In a situation where FM radio journalists practitioners in our newsrooms first privately owned FM radio station, have low professional and technical and studios are young; some very Sanyu FM, went on air in Kampala in capacity, lack equipment, are poorly promising with a lot of potential but 1993. paid, and face massive interference still very inexperienced.” from proprietors, advertisers and news “Radio is relatively young in the sources, the first victim is the quality of The general consensus, especially country and it has grown so huge,” he the editorial output. And with the radio among editors, is that the inability of the said. “The [journalism] schools can’t stations failing the first test, it is unlikely current crop of journalists to interrogate even supply sufficient manpower so that they can then have the internal issues and package them well is partly there is that over-reliance on anybody capacity to carry out self criticism and a result of failure by media houses to that can walk in and improvise. Then, assessment with a view to improving recruit, motivate and retain the best with ownership, at least the print performance. available talent. As a result, journalists media has organistions and people who are promising and talented get with backgrounds in journalism But such issues are not the reserve of frustrated before they have blossomed trying to run the show. But radio is the broadcast media. Although the print due to many factors, especially poor such a mixed bag of businessmen, sub-sector has relatively better working pay and stressful working conditions. politicians, all and sundry owning, conditions, it is not out of the woods managing and controlling it. Print has yet and is liable to the kind of internal “We are not investing enough to a longer tradition and is slightly more failings more prevalent in radio. make people sufficiently interested; stable so you find generally better to motivate people well enough to be conditions of work in print than in Dr. Peter Mwesige, the Executive devoted and to love their work so we broadcast.” Director of the Africa Centre for Media are getting the civil servant kind of Excellence, thinks one of the weakest mentality in the media as well. People In 2008, two senior Ugandan journalists links in journalism in Uganda, and on do the very basic minimum they need produced an audit report of FM radio the African continent generally, is the to do to earn money and I think that stations in Uganda, in which poor predominance of straight news or the needs to change if we are to go an remuneration of radio journalists ‘he said-she said’ format of reporting. extra mile,” said Wakabi. “Consider was identified as the leading cause investigations in the context of the of the growing culture of journalists “I call this stenography or megaphone way deadlines are approached in this extracting money from newsmakers as journalism. That is, the media merely industry. An assigning editor gets pay packages exchanged for publicity. provide a platform for politicians, an idea today and tells a reporter to The report, prepared by Peter Kibazo government officials, and other produce the story the same day. So and Haruna Kanaabi, indicated that newsmakers to say whatever they we don’t even devote enough time to most FM radio stations especially in want to say without any attempt by stories that we do. We are always in the countryside pay reporters between the journalists to provide context and a hurry to go to press,” adds Wakabi. Shs500 and Shs700 per news article. perspective. Stenography journalism does not question what the With the current conditions forcing Kanaabi, however, says that many newsmaker says; it simply records it many of the experienced journalists to of the problems faced by private verbatim and relays it to the public,” emigrate from the industry or creating radios mainly stem from the structural noted Dr. Mwesige, who is also former apathy among those who continue to arrangement of the media houses – an head of the Mass Communication practice, Wakabi argues that the media issue not addressed by the legislation Department at Makerere University has failed to grow beyond the level that was hurriedly put together to create and former Group Training Editor at where it is currently stuck. a semblance of order in the sub-sector. the Nation Media Group. “The problem begins with failure to “It is very unfortunate that the kind Many media practitioners agree. They motivate and retain talent so the best of legislation we have in the media concur that there is a professional people this industry has produced in Uganda looks more at controlling, experience gap within the media are no longer in practice or very few instilling discipline, and exercising industry in Uganda, which has an of them still are. That has left us in the control rather than encourage proper effect on the quality of the work that is constant cycle of immaturity where set up of a media house. There are, produced in both the newspapers and almost all the time we are getting for instance, very lax benchmarks the broadcast sector. new people that are less motivated for somebody to own a radio station. and more desperate and less inclined Besides registering your name and “The packaging and content are all to excel; that is the major problem,” paying the required fees, the regulator dictated by the quality of the people argued Wakabi. “You find very high does not demand your business plan you have. You can have great ideas levels of frustration. Even the most or whether you are able to pay your but if you don’t have the right raw committed people are grumbling; workers or that you have the capacity materials, it becomes very difficult and the experience. This explains

m e d i a and elections Page 45 there is that feeling that workers are the paper’s editorial managers also “politicians aim to win elections, and not getting a fair balance of returns.” introduced an open forum, named some will employ some unconventional kimeeza after the open air radio debates approaches, like compromising Wakabi also believes the media is that have been banned, in which journalists. Journalists should therefore sacrificing quality on the altar of journalists and the paper’s managers resist “brown envelopes” and other cost-cutting, which he says is the from all the other sections meet once forms of ‘gifts’ from politicians, to main reason that even some of the a month to speak candidly about the avoid being compromised. Media mainstream newspapers are adopting editorial performance and ways of house owners should therefore strive the tabloid look and style of reporting. improving it. Many of the proposals from to adequately facilitate their reporters, the kimeeza have been adopted by the to shield them from such ‘facilitation “The newspaper is not what it should management of Monitor Publications. traps’. be in Uganda. There is too much focus on cutting costs. There is little The search for feedback from their However, save for the leading print interest in improving presentation; readers, listeners and viewers is media houses, The New Vision and they are focusing too much on the increasingly becoming important as Daily Monitor, which have consistently physical appearance of the product media houses look for a business edge published public reminders about the but the content and style are still over their rivals. As a result, several integrity of their journalism and the fact pretty much the same old thing. media houses now provide full-time that no one should pay for coverage, So reading a serious newspaper in short message services (sms) numbers many of the other media houses have Uganda is a torturous experience. through which they receive feedback not taken any action. You suffer the experience of reading about every programme aired or article that paper whose presentation is not published. Many media houses are also Yet, according to Dr. Mwesige, this is good, and I think that sometimes taking advantage of new media forums one of the issues that needs stronger accounts for the low sales.” like Facebook, Twitter and YouTube for than usual self-regulatory mechanisms consistent and constant interaction with within the industry. He calls on other This impasse is the result of a struggle their audiences. local media houses not only to emulate between business success and the two papers and routinely remind journalistic excellence, according to However, while individual media houses the public that their journalists are Tumusiime. have made attempts to address some not allowed to accept money from of the problems blighting the industry the sources they cover, but to also “In the ideal world, the two should go and consequently affecting their adequately facilitate the reporters that together because you must succeed performances, the fragmentation of they send to the field. as a business to be able to perform the industry had made the resolution well your journalistic duties as a of cross-cutting issues much more Such debates however seem to have media house. What we are seeing is difficult. passed below the radars of many the business aspect weighing heavier local journalism associations whose than the journalism aspect in the In September 2010, as the campaign mandates – on paper at least – are to big media houses. The pressures of season gathered pace, the media address such issues, of professional them succeeding as businesses are industry was thrust into the spotlight practice and integrity. The Uganda greater than those of succeeding as when some journalists were exposed Journalists’ Association (UJA), one a journalism entity in the traditional for demanding “their share” of the of the oldest associations, was at the sense.” money which officials of the ruling centre of controversy last year when its National Resistance Movement (NRM) leaders accepted a Shs150 million offer Despite the challenges, there have had budgeted for their delegates from President Yoweri Museveni. The been attempts within individual media conference. This incident stocked purpose of the money has never been houses to find ways of encouraging flames for a hitherto stifled debate on explained nor has its accountability self-assessment and self criticism. “brown envelope journalism,” where been published, Three years ago, the Nation Media reporters and – in some cases – editors Group, which has newspaper, radio and are paid by news sources to either not As Daily Monitor Managing Editor television outlets in Uganda, started a publish a story, promote their agenda Daniel Kalinaki noted in a recent online Media Lab in a bid to purge the quality or write negative stories about their discussion about the controversial gap. Every year since then, Nation Media competitors. UJA elections, journalists have Group takes seven Ugandans to its formed different media organisations, headquarters in Nairobi for an intensive In this election campaign season, associations and fora, each claiming to nine-month training programme, after addressing corruption in the media represent some constituency of sorts, which they return for the company’s has taken on special significance. The but none really doing much to help the outlets in the country. Chairman of the Electoral Commission, industry in a meaningful and sustainable Eng. Badru Kiggundu, put it aptly at a manner. Within Monitor Publications Ltd, media event in early November that,

Page 46 UGANDA MEDIA REVIEW “The problems facing the industry kind of people or organisations we arbitrate to ascertain whether a media are diverse. They include, in my view; can accept help from, in what form, house has breached the journalism poor skills, unprofessionalism, poor and under what conditions.” code of conduct/ethic. If this is found pay, poor working conditions, lack of to be true, the media house would then job security, unclear career growth There has not been any follow-up on be required to compensate the injured prospects, a somewhat hostile Kailinaki’s views. However, even before party and make a renewed commitment legal framework, intimidation from Kalinaki made his proposals, some 42 to uphold the code. state actors, bribery and influence- media houses had come together to peddling from state and non-state form the Independent Media Council IMCU has already developed the code actors, and a general falling of of Uganda (IMCU) as an industry self- of ethics in a collaborative effort with standards in the quality of journalism regulator. Formed in 2006, IMCU has media houses. However, according in the industry and the ethics that are a governing board chaired by former to Kanaabi, that is as far as they have fundamental to our credibility. Why Prime Minister, Kintu Musoke. Members gone – mainly because media houses aren’t we discussing these matters? include journalists like Dr. Mwesige have not provided support beyond lip What is more important? Agreeing and New Vision editor John Kakande, service. on common positions, say on Rev. Canon Grace Kaiso a civil society benchmark pay or a code of ethics, activist, lawyer Kenneth Kakuru, and “We have not been able to have or on who runs what organisation, or former East Africa Legislative Assembly a consistent publicity campaign who goes for which trip and appeals member Sheila Kawamara, in addition to create awareness among the to what donor? In fighting for high to Rosemary Kemigisha, a former Editor population that there is an opening office and its trappings, we have lost of the Sunday Vision now working with for them to seek redress free of our souls and taken our eyes off the the Uganda Human Rights Commission. charge and quickly when they things that really matter,” he noted. feel aggrieved by the media. We Tumusiime considers self regulation had thought we would have had a Kalinaki thinks the brains behind under an organisation like IMCU a consistent engagement with the the plethora of media associations concept that media houses should media practitioners especially in approached the issue the wrong way prop-up. “I think it is a good idea which times of crises where the challenge when they set up the organisations and we media houses should embrace of ethical behaviour normally comes sought financing before indentifying because we are better off under up. For example, when we had the the problems facing the industry, which self regulation rather than statutory bomb blasts in Kampala [on July kind of organisation is best suited to regulation,” he said. “Of course 11th 2010], there was a lot of stereo- lead such a process, what calibre of implementation will always be difficult type reporting and statements, people need to run it and what skills/ but it is still worth attempting to do. unnecessary publication of people competencies they need to have. The IMCU offers the best way for media in grief….Unfortunately, we have not practitioners to resolve differences. It gone that far,” says Kanaabi. As one way of finding a solution to has worked in other countries and, if we the problems affecting the industry, lent our support to them, we can have Indeed the case of four journalists, Kalinaki recommends that the various a chance.” from leading media houses, charged media associations in Uganda organise with extortion at the beginning of a series of consultative fora to identify However, according to the IMCU interim November 2010 has brought the what the key problems facing the Executive Secretary, Haruna Kanaabi, whole issue of professional conduct, industry are and then jointly start the council has not yet taken off. He abuse of journalism practice and working on a strategy to address them. said since it was formed four years ago, media regulation under fresh spotlight. IMCU is yet to receive a single complaint Whatever the outcome of the court “This strategy should include from the public about the media. proceedings, the image of journalists proposals to merge some of the and the media generally has been organisations to avoid duplication, “We have waited to see if people tarnished profoundly. or setting up an entity or consultative come forward to complain. We are forum through which different encouraging them to come forward. Nonetheless, the existence of IMCU organisations can work together Maybe they are not aware of our and other self regulatory measures by for the common good,” he noted. existence, which may be one of our individual media houses, shows that “The strategy should also include weaknesses but we are trying to there are avenues through which the proposals on how to fund some of encourage them,” he said. media can set benchmarks, carry out these activities. We, the journalists, self assessment of its performance, and must make the first contribution from One of the key roles of the IMCU improve self regulation. All it will take is our meagre resources to demonstrate is supposed to be to adjudicate commitment to the cause. our belief in the cause and we must between the media and the public. If then set clear guidelines, should we an individual reported a media house require grants or donations, on what or journalist to the council, it would

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