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.
