HABERMAS PUBLIC SPHERE

 By Lawrence Sunday Ogwang

Who is Habermas?

Jürgen Habermas is a German philosopher and sociologist in the tradition of critical theory and pragmatism or practicality. He was born on the 18 June 1929. He is one of the most important German philosophers of the second half of the 20th century. His work addresses communicative sagacity or rationality and the public sphere.

 In his scholarly life, he preoccupied himself with the question what power do the public have to influence the government in a democratic state? As he grappled with this, as a result, he came out with the idea of public sphere.

What is public sphere?

The public sphere is an area in social life where individuals

Herbert Marshall McLuhan`s Theories: Medium is the message, Global Village, Extnsions of man and Technological Determinism

 By Lawrence Sunday Ogwang

1.1 Who is Herbert Marshall McLuhan?

Herbert Marshall McLuhan was a Canadian noted philosopher and media theorist whose work form the cornerstones to the study of media theory. He was born on July 21, 1911, and he died on December 31, 1980.

In his academic life, he dealt with so many concepts which later turned into theories. This include; medium is the message published in 1967. McLuhan later adopted the term "massage" to denote the effect each medium has on the human sensorium, taking inventory of the "effects" of numerous media in terms of how they "massage" the sensorium.

Another of his work is understanding the media: An extensions of man, a 1964 book in which he proposes that the media, not the content that they carry, should be the focus of study. He suggests that the medium affects the society in which it plays a role mainly by the characteristics of the medium rather than the content. The book is considered a pioneering study in media theory.

In his other book The Gutenberg Galaxy, he is believed to have made a prediction of what he calls the global village referring to the interconnectedness of the world through technology.

Technological determinism is a reductionist theory that assumes that a society's technology determines the development of its social structure and cultural values. Technological determinism tries to understand how technology has had an impact on human action and thought. Changes in technology are the primary source of changes in society. The term is believed to have originated from Thorstein Veblen (1857–1929), an American sociologist and economist.

1.2 Medium is the message:

"The medium is the message" is a deliberately paradoxical phrase

SOCIAL MEDIA AND THE PUBLIC RELATION FUNCTION

 By Lawrence Sunday Ogwang

1.1 Definitions

According to Kietzmann, et al, (2011), Social media are interactive computer-mediated technologies that facilitate the creation and sharing of information, ideas, career interests and other forms of expression via virtual communities and networks.

 It is a web-based application that enables users to come up with a profile in a closed system, form a collection of other users with similar ideas and connections. Their nature and identities, however, differ from one site to another. Prominent examples of social media sites are Facebook, Twitter, WhatsApp, Instagram, and many others.

On the other hand, according to Grunig and Hunt (1984), Public relations (PR) is the practice of deliberately managing the spread of information between an individual or an organization (such as a business, government agency, or a non-profit organization) and its publics.

With the advent of the 21^st century, the world has experienced many changes in the areas of technology because of the internet. Broom (2009) observes that the internet is a manifestation of an ever-present means of communication considering that all the new forms of media rely on the internet. Key among the many changes brought by the technology is social networking sites that facilitate communication.

These variations like social media do not only expose users to various opportunities but also threats in different ways. Public Relations practice is no exception in this case. With the introduction of social media, public relations practitioners have changed thoughts and winning people`s opinions about themselves and the organizations they work for using the said media but also sometimes they find themselves

Opportunities and threats posed by social media to the Public Relation field

 By Lawrence Sunday Ogwang

1.1 Definitions

According to Kietzmann, et al, (2011), Social media are interactive computer-mediated technologies that facilitate the creation and sharing of information, ideas, career interests and other forms of expression via virtual communities and networks.

 It is a web-based application that enables users to come up with a profile in a closed system, form a collection of other users with similar ideas and connections. Their nature and identities, however, differ from one site to another. Prominent examples of social media sites are Facebook, Twitter, WhatsApp, Instagram, and many others.

On the other hand, according to Grunig and Hunt (1984), Public relations (PR) is the practice of deliberately managing the spread of information between an individual or an organization (such as a business, government agency, or a non-profit organization) and its publics.

With the advent of the 21^st century, the world has experienced many changes in the areas of technology because of the internet. Broom (2009) observes that the internet is a manifestation of an ever-present means of communication considering that all the new forms of media rely on the internet. Key among the many changes brought by the technology is social networking sites that facilitate communication.

These variations like social media do not only expose users to various opportunities but also threats in different ways. Public Relations practice is no exception

MEDIA CONTENT REGULATION IN UGANDA

By Lawrence Sunday Ogwang

1.1 Definition

Content regulation is the mechanism or guidance of mass media content by governments and other bodies. It is synonymous to censorship. This regulation, via law, rules or procedures, can have various goals, for example intervention to protect a stated "public interest".

The principal targets of content regulation are the press, radio and television, but may also include film, recorded music, cable, satellite, storage and distribution technology (discs, tapes etc.), the internet, mobile phones etc. 

1.2 The historical background to media regulation

The history of media regulation began with the application of the printing press to book production from the mid-15th century onwards in Western Europe. Initially, printing was simply a more productive alternative to the copying of manuscript texts by hand, which had not been formally regulated, although in practice it took place mainly under the oversight of authorities of church or state.

As the printing trade and industry expanded, especially after the year 1500, both church and state took an increasing interest in the content of what was being printed and published, especially with a view to combating heresy or dissent. This led very widely to the licensing of all printers by the state and/or the requirement for advance approval by church authorities for texts to be published.

The export and import of books was also controlled or forbidden. Authors and printers could also be severely punished for publications deemed heretical or treasonable. In more autocratic states, such as the Ottoman Empire and Russia, printing was simply banned for two hundred or more years.

1.3 Types of media content Regulation

Media regulation refers to the official rules and orders that control the operations of the media. In this brief article we are going to take a look at some of the different types of regulations that apply to newspapers and other media organizations.

1.3.1      Media content controlled by the government.

This type of regulation often occurs in countries that do not enjoy democracy. In countries with authoritarian governments such as North Korea, the activities of the media are directly controlled by the government. So for instance the government can decide to prevent the media from publishing or broadcasting certain news stories to the general public.

1.3.2      Independent constitutional regulatory body like UCC (Uganda Communication Commission)

These independent bodies are generally responsible for making sure that media organizations operate within the law. They also are responsible for the issuance of licenses to

media organizations to operate and monitor them carefully.

1.3.3      Voluntary media content regulation.

 This is a type of media regulation where the media themselves appoint a body that will regulate their operations. Media self-regulation normally comes in the form of the ethics and codes of practice that govern the profession.

1.3.4      Regulation as a result of pressure from the audience.

  The audience is very powerful and can play very instrumental role in regulating what the media publishes or produces. For instance people can campaign against material produced by the media that they feel is offensive or immoral. The more such pressures come from the audience, the more the media is forced to self-censor themselves.

1.4 Why content regulation?

There is a contradiction intrinsic to the notion of regulating what are supposed to be the free means of expression and information in a modern society. Regulation by its very nature sets limits to freedom, which is the most basic principle of democratic societies.

At the very least, this means that there have to be clear and convincing reasons for regulation, and although we can give general justifications for regulation that help to reconcile it with principles of freedom and democracy, we cannot escape from this underlying tension.

There is no single or simple answer to the question `why regulate content' and often the surface reasons given camouflage other purposes (especially the interests of the state).

Below are some of the reasons given for content regulation

Ø  To safeguard harmful contents from the minors. Material that might seriously harm the physical, mental or moral development of young people under eighteen must not be broadcast at any time

Ø  Some contents are harmful to adults, incite violence, crime and disorder, carry messages of racial and ethnic hatred, and offend religion or other values.

People above the age of eighteen must also be protected by scheduling and warnings from material that is unsuitable for them.

Ø  Protect and promote local social, cultural, moral, and religious values.

Ø  Protect citizens, from harmful or offensive material

Ø  Ensure that the public receives accurate and impartial news

Ø  Ensure that people are treated fairly and privacy is respected

Ø  Ensure that broadcasting is not used to promote terrorism, violence, hatred or disorder or to promote crime.

Ø  Protect the public from improper advertising

1.5 Challenges of content regulation policy

Traditional media regulation is becoming significantly challenged by the emergency of the new media. Social media means that users are able to exercise far greater control over the types of media that they wish to consume and even become co-creators and content producers.

The traditional approach to media regulation is that there are relatively small number of users who produce the media content, coupled with a large number of those who consume it, who are powerless to directly influence the content. This means that the regulatory framework that was previously used which was founded on a command and control framework is inappropriate for a situation where there are substantial producers of content.

Although it has become increasingly difficult, regulatory action in social media is typically focused upon disclosure of interest, protection of children, codes of practice and the prohibition of offensive material.

1.6 Reactions of the government of Uganda towards the new media challenge

In an attempt to regulate the new media or social media, the government of Uganda through the legislative body, has enacted the law commonly known as:

Ø  The Computer misuse Act 2011.

The law seeks to punish people who misuse computers but in the process, it can also be used to control online activities that the state deems unfavourable.

ü  Section 23 (Child pornography)

Example, Mass Comm student at UCU (Lillian R)

ü  Section 24 (Cyber harassment)

Example Susan Namata 21 of Wakiso District

ü  Section 25 (Offensive Communication)

Example Dr Stella Nyanzi

Section 26 (Cyber Stalking) 

Example, Isiko Brian stalking MP of Kabarole, Silvia Rwabwogo

Ø  The Uganda Communication Acts 2013

Although article 29 of the Constitution of the republic of Uganda (1) par (a) provides for the freedom of speech, this right can be derogated if enjoyment of the said freedom infringes on the freedom of others because of the improper content contained therein.

This is so because, the prescription is article 29 does not form part of what is laid down in article 44 of the Constitution. This article provides for the prohibition of derogation from particular rights and freedom from: torture, cruelty, corporal punishment, slavery, fair hearing and others.

Ø  The Penal Code Act

According to section 180 (1) of the penal code Act, Defamation is spoken (slander) or written (Libel) words that are likely to injure the reputation of any person by exposing that person to hatred, contempt or ridicule that is likely to damage a person’s profession and injuring his reputation.

1.7 Conclusion

Content regulation is good for the sake of order and peace in the society if it is done in good. We can all be content regulators by checking on everything we say and post on social media.

CORE PRINCIPLES OF ETHICAL JOURNALISM

By Lawrence Sunday Ogwang

1. Truth and Accuracy

Journalists cannot always guarantee ‘truth’, but getting the facts right is the cardinal principle of journalism. We should always strive for accuracy, give all the relevant facts we have and ensure that they have been checked. When we cannot corroborate information we should say so.

2. Independent

Journalists must be independent voices; we should not act, formally or informally, on behalf of special interests whether political, corporate or cultural. We should declare to our editors – or the audience – any of our political affiliations, financial arrangements or other personal information that might constitute a conflict of interest.

3. Fairness and Impartiality

Most stories have at least two sides. While there is no obligation to present every side in every piece, stories should be balanced and add context. Objectivity is not always possible, and may not always be desirable (in the face for example of brutality or inhumanity), but impartial reporting builds trust and confidence.

4. Humanity

Journalists should do no harm. What we publish or broadcast may be hurtful, but we should be aware of the impact of our words and images on the lives of others.

5. Accountability

A sure sign of professionalism and responsible journalism is the ability to hold ourselves accountable. When we commit errors we must correct them and our expressions of regret must be sincere not cynical or sarcastic. We listen to the concerns of our audience. We may not change what readers write or say but we will always provide remedies when we are unfair.

CONCLUSION

Freedom of the press, the law and Morality, matters in Journalism. There is no real journalism without ethics and the law. Every student who aspires to serve the nation as a professional must take into account the laws that govern the said profession. It is only through these adherence that one becomes relevant to the public and to the media.

CODES OF CONDUCT FOR JOURNALISTS

By Lawrence Sunday Ogwang

The Society of Professional Journalists' Code of Ethics enjoins journalists to: Seek truth and Report It. This includes fact-checking, not intentionally distorting information, identifying sources, avoiding stereotypes, and supporting the open exchange of opinions. Hence, minimize harm.

Ø  No journalist shall disseminate information or allegations without establishing its correctness or truth.

Ø  No journalist shall disclose the source of his/her information and shall only divulge them in the event of an overriding consideration of public interest and within the framework of the law of Uganda.

Ø  No journalist shall solicit or accept bribes in an attempt to publish or suppress the publication of a story.

Ø  A journalist shall not plagiarize the professional work of others or expropriate works or results of research by scholars without acknowledging their contribution and naming his/her sources of information.

Ø  Journalist shall obtain his/her information through the skilful application of journalistic principles and shall never bribe or offer inducements to sources.

Ø  No journalist shall deny any person with legitimate claim a right to reply a statement. Correction and rejoinders are to be published in appropriate form without delay and in a way that will be noticed by those who have received the original information.

Ø  A journalist shall at all times strive to separate his/her own opinions from factual news. Where personal opinions are expressed, the public shall be made to know.

Ø  A journalist shall take the necessary steps to correct any damaging report made on any individual or organization.

Ø  A journalist shall not originate or encourage the dissemination of information designed to promote or which may have the effect to promote tribalism, racism, or any other form of discrimination.

OBSCENITY AND GRAPIC IMAGES IN NEWS

By Lawrence Sunday Ogwang

Photographs and television pictures can offend people if they are in bad taste. In fact, journalists often face their biggest problem when deciding whether or not to use a picture which might offend readers or viewers.

You may want to use a particular image because it is powerful and shows what happened more clearly than words. Journalists can usually find alternatives for words which are offensive, but you cannot usually find alternatives for powerful pictures.

You may have to make tough decisions about using a powerful picture which might offend or distress people. If you are ever faced with this dilemma, ask yourself these questions:

1. Is the picture legally

ISSUES OF STEREOTYPES IN NEWS WRITING AND REPORTING

By Lawrence Sunday Ogwang

A “stereotype” is a cognitive shortcut of journalists and news producers within the media that allows their minds to make quick inaccurate judgment and selection about events and stories that are reported and how they are covered. The term "media stereotype or bias" implies a prevalent or widespread bias contravening the standards of journalism.

Many media houses have their different orientations towards what they think make news for them. Considering Uganda, Red Paper newspaper is widely known for publishing obscene images and stories because they think it makes more news. This orientation has a bias behind them.

Types of stereotypes in news writing and reporting

Ø  Gender bias

Ø  Political bias

Ø  Religious bias

Ø  Racial bias

Ø  Tribal bias

What We Can Do to Combat Stereotypes and Bias

But there’s hope, as evidenced by the test takers described in Why So Few. You can do something to curb the negative effects of bias and stereotypes. Here’s how to get started.

1. Take the implicit bias test yourself. See what biases based on gender, sexuality, age, and race you hold.
2. Admit that you have those biases — it’s ok! It’s what you do next that matters.
3. Keep those biases in mind and take steps to correct them by slowing down and recognizing where they might be coming into play in your life. Are your “gut feelings” about job candidates valid or the product of biases? Are you discounting what a colleague is saying because of your biases? Educators, are biases affecting how you teach, advice, and evaluate students? Parents, are you sending different messages to your sons and daughters?
4. Expose yourself to different experiences. By stepping out of your usual routines, you might better understand people who are different from you or how stereotypes came to be. Travel and education can go a long way toward mitigating biases.
5. Raise awareness of biases. The first step to changing a problem is admitting you have one — and society has a problem. Have conversations with friends and encourage them to take the implicit bias test.

PRESERVING THE CONFIDENTIALITY OF A NEWS SOURCE

By Lawrence Sunday Ogwang

What is source confidentiality?

Confidentiality or the protection of sources, sometimes also referred to as the confidentiality of sources or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law not to reveal the sources of information sometimes for a certain purpose.

Should the reporters keep their sources confidential?

The ability to report the news often depends on the ability to protect the confidentiality of news sources if necessary. If you cannot keep confidentiality, don’t promise it. When a journalist faces a court issue based on information provided by a confidential source, however, the promise of anonymity to that person may prevent the reporter from relying on certain defenses. A journalist is allowed to reveal the sources to the lawyers only. This is not the case in confessional seal.

Conditions for allowing anonymity

Ø  When the source request

Ø  If the source is vulnerable (hatred, security or loss of job)

Ø  Nature of the information like (rape, you can not reveal the identity of the person)

Ø  Investigative story (Not allowed to reveal the source)

Effects of confidentiality on the journalist

Using terms such as “confidential” sources probably:

·       Doesn’t build much confidence in you.

·       Words “anonymous” or “anonymity” can hurt your credibility

 Journalists should at all times try to ascertain sources of their information as much as possible.  Anonymous sources should be the last option if all others have failed.

HOW A NEWS STORY CAN BE APPROPIATELY REPORTED

By Lawrence Sunday Ogwang

News stories reported appropriately, are more straightforward. They try to address the issue quickly and objectively. An ideal news story answers six basic questions: Who, What, When, Where, Why and How.

• What happened
• Who did it
• Why it happened
• Where it happened
• When it happened
• How it happened

Writing a News Story

Now that you have asked the questions,

HOW TRUTHFUL AND ACCURATE IS THE UGANDAN PRESS?

By Lawrence Sunday Ogwang

Ugandan press has been blamed on several occasions for not being accurate and truthful. Many times it has always been caught off guard especially when it reports what is untruthful, contrary to what the public knows hence, relapsing into a narrative irony.

Many media houses have made mistakes and coming out openly to apologize although sometimes not clearly. Consider the case of Daily Monitor below:

“In recent weeks we have fallen short on a key promise to you our readers – reporting accurately and placing our stories in the proper context… These failings are as unacceptable as they are regrettable. As reflected in our mantra, ‘Truth Every Day’, we care deeply about the truth and accurate reporting, and we are keen to put the record straight when we fall short on this promise.” from editorial of Daily Monitor ,   18^th July 2017    https://www.monitor.co.ug/OpEd/Editorial/We-reaffirm-our-commitment-to-accuracy--truth-every-day/689360-4018860-knmax8/index.htmln  

This is just a case out of the many who do so.    

people are very reserved when it comes to the issue of accuracy and truthfulness of the press. This however, does not mean that there is no truth at all. We acknowledge their struggle to get their story accurately and truthfully although sometimes they fall short of this mission.

people therefore don’t give absolute consent to this but concede that it’s partly accurate and truthful and partly not.    

PRESS FREEDOM IN UGANDA

By Lawrence Sunday Ogwang

Many countries including Uganda claim to protect and promote freedom of press in different ways. This freedom however, seems to be theoretical if not minute. Many countries even after silencing journalists, they move on to regulate every content that goes on the media although media content regulation would be positive if done in good faith. 

The constitutional media regulation model has been adopted by many countries in Africa, with the basic argument that the continent is still too young to allow the media regulate itself. Others say press freedom is necessary but the term is not synonymous with indispensable.

In Uganda,

JOURNALISM AND THE PENAL CODE ACT

By Lawrence Sunday Ogwang

Uganda Martyrs University-Nkozi

Making a Difference

INSTITUTE OF LANGUAGES AND COMMUNICATION STUDIES

BACHELOR OF JOURNALISM AND MASS COMMUNICATION

FIRST YEAR, SECOND SEMESTER

COURSE UNIT: MEDIA LAW

LECTURER: Sr. Denis Samanya

STUDENT: Ogwang Lawrence 

REG NO: 2018-B271-10020

QUESTION:

Read the Penal Code Act of Uganda and pick out three sections of the code, showing how they can help you to execute your duties as a journalist

1.1 Introduction

Uganda, like any other country, has sets of rules, laws and regulations that govern every citizen of the country. These laws and regulation are recorded in;

The 1995 Constitution of the republic of Uganda, The Computer misuse Act 2011, Electronic Transaction 2011, The Anti-pornography Act 2014, The Uganda Communication Act 2013, The press and Journalism Act 1995 and The Penal Code Act of 1950 among others. These are supposed to help guide all citizens both professionals and non-professionals in the execution of their duties but the big question is how do they help?

This question can be answered differently basing on the different professions but for the sake of this paper, this will be answered in relation to the fourth Estate (field of journalism) basing on three different sections of The Penal Code Act 1950 Cap 120. These sections are:

Ø  Section 123. Definition for rape

Ø  Section 114.  Neglect of duty.

Ø  Section 50. Publication of false news.

1.2 What is the Penal Code Act?

Penal Code Act is a set of laws concerning crimes, offences and the consequent punishment attached to each crime and offence.

1.2.1 Section 123. Definition for rape

Article 123 of The Penal Code Act Chapter 120 provides for a definition of rape stating that any person who has unlawful carnal knowledge of a woman or girl, without her consent has committed rape. A person who has unlawful carnal knowledge with her consent, but the consent is obtained by force, means of threats, intimidation of any kind, or by fear of bodily harm also commits the felony of rape. 

Rape also includes false representations as to the nature of the act, or in the case of a married woman, by personating her husband.  A person who commits rape is liable to suffer death. Any person who attempts to commit rape commits a felony and is liable to imprisonment for life with or without corporal punishment.

How does this help me to execute my duties as a journalist?

The Press and Journalism Act of 1995, Cap 105, Part II on Mass Media, Section II,  talks about the Right to publish a newspaper.  Section III of the same Act talks about compliance with other laws and duties.

Accordingly then, one of the main responsibilities of a journalist is upholding the Truth through Verification of the matter at hand before publishing it. This means that a journalist is responsible for reporting the truth, not because it is inherently unbiased but because it upholds the importance of objective verification.

 He should consistently test every fact used in his story, including researching all information shared with it by the sources. A strict adherence to verification ensures that personal and cultural biases don't sneak in and take over reporting.

The aforesaid section of the law therefore helps me a journalist to commit myself to searching for truth before putting it down in black and white. Not every alleged cases of rape are actually rape cases. Some people take chances to claim rape when actually it’s not rape.

The definition provided in the code will help me to the effect that I verify the story at hand and not take it for a gospel truth.

1.2.2 Section 114.  Neglect of duty.

(1) A person who, being employed in a public body or a company in which the Government has shares, neglects to perform any duty which he or she is required to perform by virtue of such employment, commits an offence and is liable on conviction to imprisonment for a term not exceeding five years.

 (2)    It shall be a defense to a charge under subsection (1) that the discharge of the duty in question was impeded by reasonable cause.

How does it help me as a journalist to execute my duties?

One of the main roles of the fourth Estate is to call people to accountability. Key among the people from whom accountability is sought are the: Legislators, Judiciary and the Executives.

These people hold the government offices to serve the public and the citizens. The citizens have the rights to be served by people who work in those offices.

The journalist's duty is to the public, not the government. They hold the government and others in power accountable to the citizens. By being independent from the government, they can monitor power and serve as an information source and not a propaganda mouth. Journalists serve as a watchdog to balance government power and hold it accountable to its citizens.

Since a journalist acts as the mouthpiece and watchdog of the community, and has the responsibility to expose negligence, injustice and abuse of any kind to the public, the aforesaid section of the law will help me as a journalist to call alleged official to account for his action since journalists have responsibility to investigate and report on citizens' needs as they struggle to understand and navigate the working of the government system.

1.2.3 Section 50. Publication of false news.

(1)       Any person who publishes any false statement, rumor or report which is likely to cause fear and alarm to the public or to disturb the public peace commits a misdemeanor.

(2)       It shall be a defense to a charge under subsection (1) if the accused proves that prior to publication, he or she took such measures to verify the accuracy of such statement, rumor or report as to lead him or her reasonably to believe that it was true.

How does it help a journalist to execute his duties?

Section II of the Press and Journalism Act 1995 Cap105, gives a journalist right to publication albeit section III give cautions to any publisher to comply with other laws and duties of a journalist.

Although a journalist enjoys the privilege to publication of any kind according to the press and Journalism Act of 1995, he must also be conscious to comply with other laws and duties that surrounds this. Without prejudice to other responsibilities of a journalist, he is duty bound to always search and publish what is true. Truth therefore, is at the core of the work of a journalist.

This section of the law can therefore help me as a journalist to the effect that before I make any publication, I will have to ensure that what I have is true to the best of my knowledge. This will certainly help me from relapsing into the crime of misdemeanor as spelt out in the code.

1.3 Conclusion

In a nutshell, all the sections of the Penal Code can guide a journalist in executing his/her duties.  In doing this however, a member of the fourth Estate should be able to make use of other laws and regulations put down in different Acts and Articles of the law of the country. This will help and safeguard one from relapsing into the crime of either felony or misdemeanor as spelt out in the code.