Uganda: Supreme Court strikes out law criminalising 'false news'
The Ugandan Supreme Court has declared that the offence of 'publishing false news' was incompatible with the right to freedom of expression. This means that journalists in Uganda can no longer be charged with "publication of false news". Justice Joseph Mulenga, delivering the lead judgment, ruled that the right to freedom of expression protects not only that which can be proven to be true. He warned that the offence dated from colonial times and that the only reason why it was still on the books was because Parliament had not yet gotten around to reforming the law. He stressed that the prohibition of false news served no meaningful purpose. On the contrary, it was a vaguely formulated offence, open to misinterpretation and abuse on political grounds, that could not be reconciled with basic democratic principles and the right to freedom of expression.
IFEX - News from the international freedom of expression community
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PRESS RELEASE/ALERT - UGANDA
12 February 2004
Supreme Court strikes down law criminalising "false news"
SOURCE: ARTICLE 19, London
(ARTICLE 19/IFEX) - The following is an ARTICLE 19 press release:
Uganda: Supreme Court strikes out law criminalising 'false news'
The Ugandan Supreme Court yesterday declared that the offence of 'publishing
false news' was incompatible with the right to freedom of expression. This means
that journalists in Uganda can no longer be charged with "publication of false
news".
Justice Joseph Mulenga, delivering the lead judgment, ruled that the right to
freedom of expression protects not only that which can be proven to be true. He
warned that the offence dated from colonial times and that the only reason why
it was still on the books was because Parliament had not yet gotten around to
reforming the law. He stressed that the prohibition of false news served no
meaningful purpose. On the contrary, it was a vaguely formulated offence, open
to misinterpretation and abuse on political grounds, that could not be
reconciled with basic democratic principles and the right to freedom of
expression.
The ruling has important consequences not only for the Ugandan media, who longer
need to fear being prosecuted for publishing 'false news', but worldwide as
well. The prohibition of publishing 'false news' is still on the books in a
number of countries, including Malaysia, Sudan, Togo and Tunisia, to name but a
few. The robust opinion of the Ugandan Supreme Court, together with previous
similar judgments by courts in Canada and Zimbabwe, adds to the growing body of
opinion that such laws are fundamentally illegitimate and must be struck out.
Notes:
1. The Canadian Supreme Court and the Zimbabwe Supreme Court have both recently
ruled the offence of 'publishing false news' to be unconstitutional: see R v.
Zundel and Chavunduka and Choto v. Minister of Home Affairs, respectively.
Summaries of both cases can be found on the ARTICLE 19 website,
http://www.article19.org, under Handbook / cases.
2. A summary of the judgment of the Ugandan Supreme Court can be found on the
ARTICLE 19 website: http://www.article19.org, under Handbook / cases.
For further information, contact Peter Noorlander, Legal Officer, ARTICLE 19, 33
Islington High St., London N19LH, U.K. tel: +44 207 278 9292, fax: +44 207 713
1356, e-mail: [email protected], Internet: http://www.article19.org
The information contained in this press release/alert is the sole responsibility
of ARTICLE 19. In citing this material for broadcast or publication, please
credit ARTICLE 19.
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