The Uganda Law Society (ULS) has called upon broadcasters to disregard a directive issued this week by the Uganda Communications Commission (UCC) on political speech, describing it as unconstitutional and an impediment to editorial freedom.
The directive was issued on Tuesday, a day after the Electoral Commission announced final results of the recently concluded general elections, amid growing disputes by some losing candidates who have been challenging the outcomes through various media platforms.
In a letter released on Wednesday, the Vice President of the Society, Anthony Asiimwe, said the UCC directive effectively intimidates and muzzles broadcasters, coercing them to limit public discourse to the “government line” and thereby restricting, rather than protecting, media freedom.
UCC Executive Director Nyombi Thembo ordered broadcasters to refrain from airing content that disputes declared election results without verification.
Nyombi cited what he described as an unprecedented trend in which unsuccessful candidates in the recently concluded elections allegedly misused media platforms to challenge officially declared results through sensational and unverified claims. He warned that such actions could ignite public panic, create confusion, and erode confidence in the country’s democratic processes.
He directed that: “All broadcasters are hereby directed to refrain from airing content that disputes declared election results without verification. This includes prohibiting programmes that promote unofficial results or unsubstantiated claims. Strict editorial oversight is required to ensure that all election-related information is verified against official Electoral Commission sources.”
However, Asiimwe argued that while regulation of the media is permissible under the law, the UCC’s mandate must be exercised in a manner that respects constitutionally guaranteed human rights and freedoms. He said the Commission’s role does not extend to directing editors to suppress what the government considers controversial, false, or undesirable public discourse.
Asiimwe cited Article 29(1)(a) of the 1995 Constitution, which guarantees freedom of speech, including freedom of the press and other media, as well as Article 41, which protects the right of access to information.
He argued that these provisions encompass the public’s right to receive and impart diverse perspectives, including contested views on matters of public interest such as election outcomes.
“ULS advises broadcasters and their editors to disregard Nyombi Thembo’s directive, which has no legal backing. It is a blank piece of paper with no legal force,” Asiimwe said.
He further urged the Commission to immediately withdraw what he termed as “knee-jerk policies” that infringe on constitutionally protected rights.
