Monday, April 8, 2019

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.












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