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.