Press and Journalist Act

Section Interpretation Section In this Act, unless the context otherwise requires — “ chairperson ” means the chairperson of the council ; “ council ” means the council established under section 8 ; “ editor ” includes a person who is, at any given time, in charge of programme production at a radio or television station; “ electronic media ” means communication of any message to the public by television, radio, video, cinema or by any other electronic apparatus; “ executive committee ” means the executive committee of the institute established under section 18 ; “ exhibition ” means an exhibition of art, film or videotape with or without sound effects, made by means of cinematography or other means for public consumption; “ general assembly ” means the general assembly of the institute; “ journalist ” means a person who is enrolled as a journalist under this Act; “ mass media ” includes newspapers, posters, banners and electronic media published for public consumption; “ Minister ” means the Minister responsible for information; “ newspaper ” means a publication which contains all or any of the following— (i) news; (ii) articles; (iii) entertainment; (iv) advertisements; (v) report...

Section Right to publish a newspaper Section No person or authority shall, on grounds of the content of a publication, take any action not authorised under this Act or any other law to prevent the — A person may, subject to this Act, publish a newspaper . printing; publication; or circulation among the public, of a

Section Compliance with other laws Section Nothing contained in section 2 absolves any person from compliance with any law — prohibiting the publication of pornographic matters and obscene publications insofar as they tend to offend or corrupt public morals; prohibiting any publication which improperly infringes on the privacy of an individual or which contains false information.

Section Access to official information Section A person may have access to official information subject to any law in force relating to national security, secrecy or confidentiality of information.

Section Registration of particulars relating to an editor Section A proprietor of a mass media organisation shall, on appointing an editor , register with the council the following particulars in relation to the editor — his or her name and address; certified copies of the relevant testimonials as proof of his or her qualifications and experience; the name and address of the newspaper ; and such other particulars as may be prescribed by the council . The proprietor shall notify the council within thirty days of its coming to his or her notice of any change in any of the particulars referred to in subsection (1). Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings and, in case of failure to pay the fine, to imprisonment for a term not exceeding three months.

Section Functions of an editor Section A proprietor and editor of a mass media organisation shall — ensure that what is published is not contrary to public morality; retain a copy of each newspaper published by the organisation and a copy of each supplement to it for not less than ten years; in the case of electronic media , retain a record of all that is broadcast by a radio or television station for not less than thirty days.

Section Disqualification of an editor. Section A person shall not be appointed an editor of a mass media organisation if — he or she is less than eighteen years of age; he or she is of unsound mind; he or she is an undischarged bankrupt or insolvent; he or she is not ordinarily resident in Uganda; he or she does not possess the requisite qualifications prescribed by the council .

Section Meetings, etc. of the council Section The First Schedule to this Act shall apply to meetings and other matters of the council specified in that Schedule. The Minister may, by statutory instrument and after consultation with the council , amend the First Schedule to this Act.

Section Remuneration of members of the council Section Members of the council may be paid such remuneration or allowances as may be approved by the Minister .

Section Annual report Section The council shall, within three months after the end of each year, submit to the Minister an annual report on all its activities; and the Minister shall lay the report before Parliament within three months after receiving it.

Section Establishment of the Media Council Section The council shall consist of— four representatives of whom — four members of the public not being journalists, who shall be persons of proven integrity and good repute of whom — There is established a council to be known as the Media Council. the director of information or a senior officer from the Ministry responsible for information, who shall be the secretary to the council ; two distinguished scholars in mass communication appointed by the Minister in consultation with the National Institute of Journalists of Uganda; a representative nominated by the Uganda Newspapers Editors and Proprietors Association; two shall represent electronic media ; and two shall represent the National Institute of Journalists of Uganda; two shall be nominated by the Minister ; and one shall be nominated by the Uganda Newspapers Editors and Proprietors Association; one shall be nominated by the journalists; and a distinguished practising lawyer nominated by the Uganda Law Society. The persons referred to in paragraphs (c), (d), (e) and (f) shall be appointed by the Minister . The chairperson of the council shall be elected by the members from among th...

Section Functions of the council Section The functions of the council shall be— to arbitrate disputes between — to regulate the conduct and promote good ethical standards and discipline of journalists; the public and the media; and the State and the media; to exercise disciplinary control over journalists, editors and publishers; to promote, generally, the flow of information; to censor films, videotapes, plays and other related apparatuses for public consumption; and to exercise any function that may be authorised or required by any law. In carrying out its functions under subsection (1)(e), the council may refuse a film, videotape or apparatus to be shown, exhibited or acted for public consumption.

Section Establishment of the institute Section There is established an institute to be known as the National Institute of Journalists of Uganda. The institute shall be a body corporate with perpetual succession and a common seal and may sue or be sued in its corporate name. The institute may, subject to any limitations conferred in this Act, acquire, hold, manage and dispose of any property, movable or immovable, and enter into any contract or other transaction and do anything which may in law be entered into or done by a body corporate.

Section Objects of the institute Section The objects of the institute are — Without prejudice to the general effect of subsection (1), the institute shall under that subsection have the following functions — to establish and maintain professional standards for journalists; to foster the spirit of professional fellowship among journalists; to encourage, train, equip and enable journalists to play their part in society; to establish and maintain a mutual relationship with international journalists organisations and other organisations with a view to enhancing the objectives of the institute; to carry on such activities as are incidental or conducive to the attainment of the objects specified in paragraphs (a), (b), (c) and (d) of this section. to advise on courses of study, the conduct of qualifying examinations and generally on matters related to professional education for journalists in Uganda; to ensure the maintenance of professional education for journalists; to promote the usage of journalism which is not contrary to public morality; to encourage research in journalism for the advancement of professionalism; to make byelaws of the institute.

Section Membership of the institute Section Membership of the institute shall be of the following categories— A person shall be eligible for full membership of the institute if — full membership; associate membership; and honorary membership. he or she is a holder of a university degree in journalism or mass communication; or he or she is a holder of a university degree plus a qualification in journalism or mass communication, and has practised journalism for at least one year. The general assembly may set qualifications for associate membership of the institute or may provide that a specified class of members of a society or institute may qualify for associate membership of the institute. The general assembly may award honorary membership to a person who has made an outstanding contribution towards the realisation of the objects of the institute, except that no honorary member shall be liable to pay any subscription fee. An associate or honorary member shall not be eligible to vote.

Section Application for membership of the institute Section A person may apply to the executive committee for full membership or associate membership, and the committee shall, if it is satisfied that the applicant is an eligible person, inform the general assembly to approve the enrollment of the applicant as a full member or associate member of the institute on payment of the prescribed fee. Upon the enrollment of a person under subsection (1), the general secretary shall cause to be issued to him or her a certificate of enrollment. A person shall not be eligible for enrollment under this Act, unless that person has complied with such requirements, whether relating to instruction, examination or otherwise, as to the acquisition of professional skill and experience as may be specified in the byelaws made for that purpose by the institute.

Section Disqualification from membership of the institute Section A person shall not be enrolled or continue to be a member of the institute if— he or she is of unsound mind; he or she is an undischarged bankrupt or insolvent; or he or she is convicted of an offence under this Act or an offence involving moral turpitude; but this paragraph shall cease to apply two years after the completion of the sentence.

Section Executive committee Section For the proper management of the affairs of the institute, there shall be an executive committee consisting of a president, a vice president, a general secretary , a treasurer, an assistant general secretary and three other members, all of whom shall be elected annually by the institute at a general meeting.

Section Functions of the executive committee Section The functions of the executive committee shall be— to maintain and publish the roll of members of the institute; to secure international recognition of the institute; to ensure the maintenance of professional standards among members of the institute; to promote the publication of a journal of the institute; to do anything that is incidental to the functions of the council or for the furtherance of the objects of the institute.

Section Meetings of the committee and of the general assembly Section The Second and Third Schedules to this Act shall apply to meetings of the executive committee and the general assembly .

Section Funds of the institute Section The funds of the institute shall consist of— grants from the Government; annual subscription fees from members; fees and other monies paid for services rendered by the institute; grants, gifts or donations from sources acceptable to the institute; and monies borrowed by the institute for the performance of its functions. All monies of the institute shall be managed through a fund to be established by the general assembly . The institute may operate a bank account in a bank determined by the executive committee , and the bank account shall be operated in a manner decided by the general assembly .

Section Borrowing powers Section The executive committee may borrow money on terms that may be agreed upon by the Government for the performance of the functions of the institute.

Section Investment Section The executive committee may invest monies of the institute in any securities issued or guaranteed by the Government or in any other projects approved by the Government.

Section Financial year Section The financial year of the institute shall be the calendar year that is twelve months beginning from the 1st day of January and ending on the 31st day of December each year.

Section Accounts and audit Section The institute shall keep proper books of account and prepare an annual financial statement of account for the preceding financial year not later than the 31st day of March in the following year. The books and account of the institute shall be submitted within three months after the end of each financial year to the Auditor General to be audited by him or her or by an auditor appointed by him or her. The Auditor General shall report annually to the Minister , as soon as is practicable after auditing the accounts of the institute, the result of his or her examination, and the report shall state his or her opinion. The Minister shall, within three months after receipt of the report referred to in subsection (3), lay the report before Parliament.

Section Registration of journalists Section The name and particulars of a person enrolled under this Act shall, on presentation of the certificate of enrollment to the council , be entered on the register of journalists of Uganda.

Section Practising certificate Section The council shall, upon payment of the prescribed fees, issue a practising certificate to a person who is enrolled under this Act. The practising certificate shall be valid for one year and is renewable upon payment of the prescribed fee. No person shall practise journalism unless he or she is in possession of a valid practising certificate issued under this section. A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine not exceeding three hundred thousand shillings and in case of failure to pay the fine to imprisonment for a period not exceeding three months. In this section, a person is deemed to practise journalism if he or she is paid for the gathering, processing, publication or dissemination of information; and such person includes a freelance journalist .

Section Refusal to grant a practising certificate Section No person shall be granted a practising certificate by the council if — he or she is not enrolled; or he or she has failed to comply with any order made under this Act.

Section Accreditation card Section No person being an employee of a foreign mass media organisation or working as a freelancer for that mass media shall practise journalism in Uganda unless he or she is in possession of an accreditation card issued by the council . The accreditation card referred to in this section shall be issued upon payment of fees and upon such terms as may be prescribed by the council .

Section Disciplinary committee Section There is established a disciplinary committee consisting of— the chairperson of the council , who shall be the chairperson of the committee; the secretary to the council , who shall be the secretary to the committee; four members elected by the council from among their number. The council shall, when hearing disciplinary cases, appoint an advocate of not less than five years’ standing to advise the disciplinary committee. Four members of the committee shall form a quorum.

Section Complaints against a journalist Section A complaint or an allegation against a journalist , which if proved would constitute professional misconduct, may be made to the disciplinary committee by any person, and the complaint or allegation shall be reduced into writing. The secretary shall, upon receipt of a complaint, within thirty days refer the matter to the committee which shall fix a date for the hearing of the complaint. The committee shall give the journalist against whom the complaint or allegation is made an opportunity to be heard and shall furnish him or her with a copy of the complaint and any other relevant document at least fourteen days before the date fixed for the hearing.

Section Procedure of the committee Section The procedure to be followed by the committee in the hearing of the complaint shall be as provided in the First Schedule to this Act.

Section Committee’s decision Section After hearing the journalist to whom the complaint relates and after considering the evidence adduced, the committee may dismiss the complaint if no ground for a disciplinary action is proved, or if a ground for a disciplinary action is proved, impose any or a combination of the following penalties— that the journalist be admonished or be required to apologise to the aggrieved party in the manner specified by the committee, including the same boldness of lettering on the page where the article appeared in the newspaper ; that the practising certificate of the journalist be suspended for a specified period not exceeding six months; that the media organisations which published the matter that led to the complaint pay compensation to a person who suffered loss or injury as a result of the misconduct.

Section Appeal to the High Court Section An appeal made under this section shall be— A journalist or complainant aggrieved by the decision or order of the committee may appeal against the decision or order to the High Court within fourteen days from the date on which the report of the committee was delivered to that journalist or complainant. made by petition in writing under the hand of the journalist or complainant; and heard and decided upon by a judge of the High Court after summary hearing. Where the council suspends a journalist , the journalist shall not, while an appeal is pending under this section, be entitled to practise.

Section Implementation of the committee’s orders Section The council shall be responsible for the implementation of the committee’s orders. The secretary shall ensure that an order of the committee is noted in the register against the name of the affected journalist and shall send a certified copy of the committee’s decision to the National Institute of Journalists of Uganda.

Section Revocation of suspension of a journalist Section The council may, on receiving new facts relating to a case of a journalist on suspension, revoke the suspension.

Section Report, etc. to be received in evidence Section A report or order made by the council and signed by the chairperson and the secretary shall be received in any legal proceedings and shall be taken to be that particular report or order without further proof of its contents unless the contrary is shown.

Section Protection of source of information Section A journalist shall not be compelled to disclose the source of his or her information except with the consent of the person who gave him or her the information or on an order of a court of law.

Section Seizure order Section Whenever criminal proceedings have been instituted for an offence against the freedom of the press, the court may, on application to it for confiscation, order that the material involved in the offence be seized or issue a ban on the publication. A seizure order shall be effected by the police and shall relate only to those copies which were intended for dissemination. Any person aggrieved by the decision or order of the court may appeal to a higher court against the decision within thirty days from the date on which the seizure order was issued.

Section Professional code of ethics Section A journalist enrolled under this Act shall be subject to the professional code of ethics provided in the Fourth Schedule to this Act. A person who contravenes any provision of the professional code of ethics commits professional misconduct and shall be dealt with by the disciplinary committee. The Minister may, by statutory instrument and after consultation with the council , amend the Fourth Schedule to this Act.

Section Practising journalists prior to commencement of this Act to continue to practise Section A person who is practising journalism immediately prior to the commencement of this Act may continue to practise journalism until he or she is duly enrolled as a journalist in accordance with this Act.

Section Regulations Section Without prejudice to the general effect of subsection (1), regulations may be made under it prescribing— The Minister may, on the advice of the council , make regulations for better carrying into effect the provisions of this Act. the particulars and other matters to be entered in the register; the fees to be paid under this Act; the procedure of the disciplinary committee and the manner of lodging a complaint; and anything which under this Act is to be or may be prescribed. Notwithstanding the Interpretation Act, the Minister may, with the approval of Parliament, by statutory instrument, increase any fines specified in this Act.