Uganda: Judiciary Will Jealously Guard Freedom of Speech

By Bart Katureebe

It is an honour and privilege to officiate at the second edition of the Uganda National Journalism A ward ceremony. This award is aimed at improving the quality of journalism in Uganda by inspiring and recognizing excellence in reporting on public affairs.

Journalists in any democratic society play a critical role in holding, receiving and imparting all forms of opinions, ideas and information. Therefore, the importance of recognizing and inspiring those gallant men and women, who devote their time, energy and effort to excel in this profession, cannot be overemphasized. It is because of this critical role played by the press and the media that any democratic society must uphold freedom of speech and expression.

Indeed, a democracy cannot exist without freedom to express new ideas and to put forward opinions about the functioning of public institutions. The concept of free and uninhibited speech permeates all truly democratic societies and institutions.

Uganda, like any other democratic society, is committed to uphold, protect and promote the right to freedom of speech and expression. It is for that reason that the right is entrenched in the most binding instrument on the land, the Constitution. The Constitution guarantees to every Ugandan the right of freedom to hold opinions, receive and impart ideas and inform without interference. This commitment is not only found in the Constitution but also in other legislation.

The Uganda Constitution provides in Article 29(1) (a) that: "Every person shall have the right to freedom of speech and expression, which include freedom of the press and other media." Article 41 (1) states that: "Every citizen has a right of access to information in the possession of the state or any other organ or agency of the state ex- cept where the release of the information is likely to prejudice the security or sovereignty of the state or interfere with the right to privacy of any other person."

Article 20(1) of the same Constitution acknowledges that: "Fundamental rights and freedoms of the individual are inherent and not granted by the state ."

In addition, Article 20(2) enjoins all organs and agencies of government and all persons to respect, uphold and promote the rights and freedoms of the individuals and groups enshrined in the Constitution.

It is, however, worth noting that the right to freedom of speech and expression is not absolute. They may be restricted. However, any such restriction or limitation must be within strictly and narrowly defined parameters.

Article 43 of the Constitution provides general limitations on fundamental and other human rights and freedoms, which include freedom of speech and expression. It states that:

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Uganda: Judiciary Will Jealously Guard Freedom of Speech