Navigating the Threats To Journalism in Uganda

By Brian Byaruhanga |

Over the years, journalists in Uganda have confronted a relentless tide of harassment, censorship, and physical violence as they diligently performed their duty. As reported by the Press Freedom Index, compiled by the Human Rights Network of Journalists, incidents of violations and abuse against journalists in Uganda have surged over recent years, climbing from 163 in 2018, to 165 in 2019, peaking at 174 in 2020, and 131 violations in 2021, culminating with Uganda dropping 7 (seven) places to 132 out of 180 countries from the 2021 rankings by the Freedom in the World Report in 2022. These transgressions are primarily orchestrated by regulatory authorities and security agencies. While challenges to journalism in Uganda are not novel, the advent of digital transformation and emergent technologies has infused new complexities into the landscape of press freedom and journalism practice in the country.

The ubiquity of digital technology has afforded journalists the ability to disseminate information rapidly. However, this swiftness has ushered in a suite of challenges to the very essence of journalism. It has engendered a proliferation of misinformation and disinformation, the imposition and acceptance of repressive legal frameworks, and the establishment of intricate content moderation systems.

In 2018, the Ugandan government, ostensibly to counteract the spread of what it pejoratively termed “gossip,” levied a tax on social media. This move was interpreted by critics as an effort to curtail freedom of speech and suppress dissenting viewpoints. Though, after years of resistance, this tax was ultimately overturned, it starkly illuminated the strained relationship between the government and the media.

In July 2022, the Computer Misuse (Amendment) Bill was introduced in the Ugandan Parliament, a piece of legislation that later became law. It outlined a fresh set of offenses, subject to punitive penalties of imprisonment and fines. The bill was devised to “prohibit the sending or sharing of information that promotes hate speech” and “provide for the prohibition of sending or sharing false, malicious, and unsolicited information.” It also sought to define and penalize hate speech. 

See this CIPESA analysis of the  Computer Misuse Amendment Bill 2022.

According to the bill, “a person shall not write, send or share any information through a computer, which is likely to ridicule, degrade, or demean another person, group of persons, a tribe, an ethnicity, a religion or gender; create divisions among persons, a tribe, an ethnicity, a religion, or gender; or promote hostility against a person, group of persons, a tribe, an ethnicity, a religion, or gender.”

Less than three months following its introduction, the Ugandan Computer Misuse Amendment Act of 2022 came into force, receiving the presidential assent of H.E Yoweri Kaguta Museveni on October 14, 2022.

These legislative measures appear to cloak attempts at content moderation under the guise of instilling self-censorship and disseminating fear regarding the sharing of information. Moreover, state surveillance emerges as another potent tool wielded against journalists, perpetuating reports of harassment, arrests, and detentions, often facilitated through state-sanctioned surveillance activities. There have also been allegations of the government employing spyware to target journalists and activists.

In the backdrop of the COVID-19 pandemic and the 2021 general elections, the Ugandan government implemented stringent surveillance protocols while intensifying existing restrictions on free expression. This crackdown became particularly conspicuous after a cohort of Ugandan investigative journalists received notifications that their devices had been compromised by Pegasus, a spy software enabling operators to extract messages, photos, emails, record calls, and clandestinely activate microphones and cameras. Notably, this software is attributed to the Israeli spyware firm, NSO Group, which officially supplies the Pegasus software to military, law enforcement, and government intelligence agencies for the purpose of targeting criminals and terrorists. However, multiple reports surfaced indicating the use of the software against politicians, journalists, and activists. Investigative journalist Canary Mugume was among the few who received an alert from Apple, signalling that state-sponsored attackers may be targeting his phone.

The escalating adoption of technologies like artificial intelligence and machine learning also invokes apprehension. While these technologies have the potential to enhance journalistic work, they also harbor the capacity to manipulate information and undermine the credibility of journalists. A notable example is the use of deepfake technology, capable of crafting persuasive yet fabricated videos or audio recordings, employed to discredit journalists and their work.

To address these threats to journalism in Uganda, it is imperative for journalists to embrace digital resilient practices, safeguarding their sources and their work. Additionally, media organizations should make investments in technologies capable of detecting and countering disinformation and misinformation.

The perils of disinformation and misinformation, state surveillance, arbitrary arrests, harassment, and brutality pose substantial challenges to the function of journalists and the role of media in a democratic society. Overcoming these challenges necessitates concerted efforts by journalists, media organizations, governments, civil society, and international entities to champion a free and independent media that effectively serves the public interest.

It is therefore imperative to acknowledge that journalists operate within an ever-evolving media and digital milieu. And proactive measures must be adopted to ensure their digital security through the implementation of appropriate precautions and the ongoing pursuit of the latest security measures. Specifically, journalists must undertake the following steps to safeguard their well-being while executing their professional responsibilities:

Digital Security Training: Journalists should participate in digital security training to acquire knowledge on how to protect themselves and their sources online. These training programs offer guidance on encrypting communications, securing devices, and maintaining anonymity.

Use of Encryption: Journalists should employ encryption tools like Virtual Private Networks (VPNs), encrypted messaging applications, and secure email services to ensure the security of their communications and data, safeguarding them from interception and surveillance.

Secure Data Storage: Journalists should adopt secure data storage practices, including the utilization of encrypted external hard drives, password-protected archives, and encrypted cloud storage services. These measures prevent unauthorized access and data breaches.

Two-Factor Authentication: To fortify their online security, journalists should implement two-factor authentication for their digital accounts. This extra layer of protection safeguards their accounts against unauthorized access.

Caution with Social Media: Journalists must exercise prudence on social media platforms. They should refrain from disseminating sensitive information and limit the extent of personal details shared online, thus mitigating the risk of exposing themselves or their sources to harm.

Practicing Situational Awareness: Maintaining an acute awareness of their surroundings is crucial for journalists, especially when conducting interviews or reporting from the field. This involves steering clear of hazardous areas and being vigilant for potential threats, ensuring their physical safety while pursuing their professional duties.

Use of Secure Networks: Public Wi-Fi networks, often unsecured, are susceptible to interception. Journalists should avoid their use and instead opt for secure networks or establish their own hotspots, reducing the risk of compromising sensitive data.

In navigating the multifaceted threats to journalism in Uganda, journalists must adopt a multifaceted approach encompassing personal digital security measures, collective industry efforts, and international advocacy for press freedom and journalists’ safety. These actions, coupled with unwavering commitment, will enable journalists to continue their indispensable work, promoting transparency, accountability, and democracy, even in the face of mounting challenges in the digital age.

Through the tireless pursuit of these strategies, journalists in Uganda can reinforce their resilience, fortify their commitment to truth-telling, and persevere in upholding the fundamental principles of journalism – principles that serve not only the interests of a free press but also the broader cause of democracy and informed citizenship. In this era of digital transformation, journalism remains an essential pillar of democracy and an indispensable guardian of society’s well-being. In conclusion, navigating the evolving landscape of journalism in Uganda demands not only the adoption of technical safeguards but also unwavering resolve. The challenges faced by journalists serve as a testament to the vitality of their work in safeguarding democratic values. In embracing the digital era, journalists must continue to shine a light on truth, accountability, and justice, thereby preserving the foundations of a vibrant, free, and democratic society.

Submit Your Session Proposal or Travel Support Application to the Forum on Internet Freedom in Africa 2023 (FIFAfrica23)

Announcement |

The Collaboration on International ICT Policy for East and Southern Africa (CIPESA) invites interested parties to submit session proposals to the 2023 edition of the Forum on Internet Freedom in Africa (FIFAfrica23). Successful submissions will help to shape the agenda of the event, which will gather hundreds of policymakers, regulators, human rights defenders, journalists, academics, private sector players, global information intermediaries, bloggers, and developers.

FIFAfrica23, which is set to take place in Dar es Salaam, Tanzania on September 27-29, 2023, offers a platform for deliberation on gaps and opportunities for advancing privacy, free expression, inclusion, free flow of information, civic participation, and innovation online. This year will mark a decade of hosting the landmark event in various African countries, including Ethiopia, Ghana, South Africa, Uganda, and Zambia.

As part of the registration, we invite session proposals including panel discussions, lightning talks, exhibitions, and skills workshops to shape the FIFAfrica23 agenda. 

CIPESA is committed to ensuring diversity of voices, backgrounds and viewpoints in attendance and as organisers and speakers at panels at FIFAfrica. In line with this, there is limited funding to support travel for participation at FIFAfrica23. Preference will be given to applicants who can partially support their attendance and those who organise sessions.

Submissions close at 18.00 (East Africa Time) on July 14, 2023. Successful session proposals and travel support applicants will be directly notified by August 14, 2023.

The session proposal and travel support form can be accessed here.

NOTE: All data collected as part of the registration and session proposal exercise will only be used for purposes of the FIFAfrica event management.   

Follow @cipesaug on Twitter and on the dedicated FIFAfrica website for regular updates on the Forum.

Tackling Threats to Media Freedom and Safety in The Digital Age

By Ashnah Kalemera | 

The proliferation of technology has created new opportunities for journalists and journalism in Africa, but it has also come with threats. For civil society, academia, media development practitioners, activists and development partners, it is critical to understand the key issues related to freedom of expression and the internet and possible ways to address them as part of programming and strategic intervention. 

At the Africa Media Convention (AMC), which was held in Lusaka, Zambia on May 11-13, 2023, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) convened a session that explored threats to media freedom and journalists safety in the digital age and comprehensive measures to tackle them.

During the session, which brought together over 40 stakeholders from across Africa, it was acknowledged that technology had enabled groundbreaking journalism, ease of reach to diverse audiences which has also enabled active engagement, and more accessible content production avenues. With this evolution, new actors have joined the sector and new regulation and economic sustainability models have been witnessed, all with implications for the future of media freedom and democracy. 

However, the digital era has also seen an exponential increase in online harassment of journalists, criminalisation of aspects of journalism, surveillance of journalists, and the orchestration of disinformation campaigns. These threats have translated into offline risks of physical violence, thereby undermining the safety and independence of journalists, while also eroding freedom of expression. 

According to Kamufisa Manchishi, a lecturer in the Faculty of Journalism and Public Relations at Zambia’s Mulungushi University, digitalisation in the media had created several “crises”. One of them was an identity crisis, whereby journalists and media houses are struggling to balance their online presence with upholding journalistic principles and ethics. Linked to the identity crisis was a financial crisis of generating revenue and sustaining operations. “This has caused clickbait journalism and led to compromise of ethics,” said Manchishi. 

Manchishi added that fears of being surveilled by the state and private actors had led to increased self censorship. He said: “Journalists do not want to talk about controversial issues on phone or virtual platforms. They are worried someone is listening and are opting to conduct interviews and investigations physically.” 

Meanwhile, misinformation and disinformation continue to proliferate on legacy media as well as on social and digital media. CIPESA research indicates that disinformation from online platforms is often amplified through traditional print and broadcast media. Soren Johannsen, BBC Media Action’s Zambia Country Director, called for more innovative approaches to promoting digital literacy. 

Whilst applauding various stakeholders’ efforts in debunking and fact-checking, Johannsen advocated for more interventions designed around pre-bunking as an inoculation theory for behavioural change. “We shouldn’t try to just correct and verify but help users understand where false information is coming from, the motivation and the consequences,” he said. Such efforts should be complemented with more research to help understand the originators, flows and uptake of misinformation and disinformation. 

Disinformation Pathways and Effects: Case Studies from Cameroon, Ethiopia, Kenya, Nigeria and Uganda.

Understanding the Information Disorder in Tunisia, Algeria and Libya .

As disinformation and misinformation threaten democracy, public security, and social cohesion, there has been an increase in legislative responses including the enactment of laws on cybercrime, computer misuse, hate speech and “false news”. However, many of such laws in place are vague and broadly criminalise “false news” or “offensive publications online” without, for instance, distinguishing between misinformation and disinformation, and have been weaponised against critics, journalists and media houses. 

Citing various examples from West Africa, Dora Mawutor, the Programme Manager at the Media Foundation for West Africa (MFWA), said the determination of what qualifies as false news lies with the state and its “self-serving purposes”. She called for more solidarity among the media fraternity to push back against the selective application of such laws through increased coverage of legislative developments and  of attacks against journalists. Mawutor also called for advocacy for review or repeal of such repressive laws. 

Echoing Mawutor’s sentiments, Alfred Bulakali, the Regional Director of Article19 West Africa, stated that laws across Africa that govern  freedom of expression and media freedom often come with heavy sanctions against offenders yet they fall short of the three part test under international human rights standards. He noted that media freedom advocates around Africa had scored successes in securing the decriminalisation of libel and defamation provisions in traditional press laws. However, added Bulakali, “technology has given them [the decriminalised provisions] an opportunity to come back” through laws and regulations being developed to govern media and freedom of expression online. He called for renewed efforts in decriminalising libel and defamation online and offline and limiting the power of law enforcers to interpret the laws.

On online harassment, Cecilia Maundu, a Kenyan broadcast journalist, digital rights researcher and digital security trainer, stated that online gender-based violence is under-reported, even though some newsrooms have dedicated gender desks. Meanwhile, newsroom policies are also weak or non-existent, putting women journalists at increased risk. As a result, there was limited visibility of online gender-based violence in mainstream media and inadequate support for survivors. This calls for more response measures and programming that not only focus on newsroom policies and safety mechanisms, but also on psychological support. 

The joint responsibility alluded to by the various speakers at the session around advocacy, movement building, institutional capacity building, skills and knowledge development as well research and documentation  are key planks of CIPESA’s programming and engagement at national, regional and international levels to advance access to information, privacy and data protection, and free expression online as enablers of citizen participation, resisting authoritarianism, protecting women’s or other marginalised groups’ rights, amplifying people’s voices, and engendering accountability.

CIPESA Submits Comments on Uganda’s Proposed New Digital Tax 

By Edrine Wanyama |

On April 28, 2023, the Collaboration on International ICT Policy for East and Southern Africa (CIPESA)  submitted comments on the Income Tax (Amendment) Bill, 2023 to the Committee on Finance, Planning and Economic Development of the Uganda Parliament. The comments argue that the proposed law would  undermine access to and use of digital tools and services. 

The bill, among others, proposes to impose a tax of five percent on foreign-based entities that derive income from providing digital services to customers in Uganda. The proposals are contained in clause 16 which seeks to introduce a new section, 86A.

Clause 86A provides:

  1. A tax is imposed on every non-resident person deriving income from providing digital services in Uganda to a customer in Uganda at the rate prescribed in Part IV of the Third Schedule to this Act.
  2. For the purposes of subsection (1), income is derived from providing a digital service in Uganda to a customer in Uganda, if the digital service is delivered over the internet, electronic network or an online platform.
  3. For the purposes of this section “digital service” includes—
  1. online advertising services;
  2. data services;
  3. services delivered through an online marketplace or intermediation platform, including an accommodation online marketplace, a vehicle hire online marketplace and any other transport online marketplace;
  4. digital content services, including accessing and downloading of digital content;
  5. online gaming services;
  6. cloud computing services;
  7. data warehousing;
  8. services, other than those services in this subsection, delivered through a social media platform or an internet search engine; and
  9. any other digital services as the Minister may prescribe by statutory instrument made under this Act.”

While the clause targets non-residents, if enacted it would add to the digital taxes borne by the already tax-burdened consumers of digital services in Uganda. Since July 1, 2022, web hosting, software and streaming services in the country pay a mandatory value added tax of 18% chargeable on consumers of services offered by  platforms such as Amazon, Meta (Facebook), Twitter and Zoom. 

The tax would potentially hinder inclusive access and use of digital technologies and negatively affect Uganda’s digital economy. According to the United Nations Capital Development Fund (UNCDF), Uganda’s digital economy score is low, particularly in areas such as digital inclusiveness. According to the UNCDF Score Card of 2021 the digital divide or groups most excluded from the digital economy in Uganda are the elderly (80%), rural communities (64%), persons with disabilities (74%), the youth (33%), refugees (80%) and migrants (75%). The inclusion gap such as for persons with disabilities is attributed to the high cost of technologies. 

Innovation is a prerequisite for the provision of digital services including advertising, data services, marketing, cloud computing services, and data warehousing. Most of these tools and services are developed outside Uganda, hence imposing high taxes on non-residents that provide them could   limit access to these critical tools and services. That could push Ugandans further into the margins of the global digital economy.

The enjoyment of digital rights and freedoms, including freedom of expression, access to information, and association, could also be limited by the imposition of high digital taxes. 

Accordingly, the submission by CIPESA recommends that the Committee on Finance, Planning and Economic Development:

  1. Drops the entire proposed clause 16 of the Income Tax (Amendment) Bill, 2023;
  2. Conducts wide consultations with the affected stakeholders including the tech community, innovators, the business community and civil society on the potential effects of the proposed amendment.
  3. Conducts a tax impact assessment to weigh the potential effects of the proposed tax on access and use of digital tools and services. The impact assessment should specifically spell out the anticipated positive impacts and weigh them against the anticipated negative effects.
  4. Takes into consideration and supports all the progressive policies that seek to increase and enhance accessibility and usage of digital tools and services such as tax incentives which usually lead to lowering of the costs to be borne by consumers in purchase and use of digital tools and services.

See the full submission here.

Gear Up! The 2023 Forum on Internet Freedom in Africa (FIFAfrica) is Heading to Tanzania!

Announcement |

The annual Forum on Internet Freedom in Africa (FIFAfrica) hosted by the Collaboration on International ICT Policy for East and Southern Africa (CIPESA) will be held in Dar es Salam, Tanzania on September 27-29, 2023. This year will mark a decade of the largest gathering on internet freedom in Africa, which has since 2014 put internet freedom on the agenda of key actors including African policy makers, platform operators, telcos, regulators, human rights defenders, academia, law enforcement representatives, and the media. This has paved the way for broader work on advancing digital rights in Africa and promoting the multi-stakeholder model of internet governance.

In several African countries, it is becoming increasingly challenging to utilise the internet to defend human rights, strengthen independent media, support democratisation, and demand accountable and transparent governance, or to freely access information and contribute content in the diversity of African languages. This is undermining the core principle of the internet as a free and open platform. 

The decision to host the 2023 edition of FIFAfrica in Tanzania is in recognition of the country’s progressive shift to advance digitalisation for sustainable development. Under the leadership of its first female President, Samia Suluhu Hassan, a proponent for civil rights and women’s rights, the country has undergone political and legal reforms aimed at enhancing civic space and digitalisation agenda. Notably, a data protection law has been enacted, the law governing media operations is being revised, and the  Online Content Regulations 2020 were revised to make them more supportive of online speech, privacy and access to information. 

It is upon this backdrop that FIFAfrica 2023 will offer a platform for critical engagement of diverse stakeholders in identifying the most pressing internet rights-related issues and challenges that have to be addressed at national and regional levels. Over the years, FIFAfrica has identified opportunities for bringing the debate on the importance of digital rights to national, regional and global fora. In particular, the Forum supports the development of substantive inputs to inform a wide range of conversations at organisational, national, regional, continental and global levels, including at the African Union, the African Commission on Human and Peoples’ Rights (ACHPR), the United Nations Human Rights Council, the African Internet Governance Forum (IGF), sub-regional IGFs and at the global IGF.

The growth in diversity of participants and discussions at FIFAfrica reflects the evolving trends and concerns in access and usage of the internet and related technologies.  Topics have included access to information, mass surveillance, turning policy into action, internet shutdowns, content regulation, cyber security, digital economy, online violence against women, data protection and privacy, cyber governance, open source investigative journalism, online movement building and civic building, business and big data, building research capacity in internet measurements, innovation and security in conflict territories, as well as gender-sensitive approaches to ICT Policy and decision making. 

Overall, FIFAfrica is helping to grow the community advancing digital rights in Africa, increasing awareness about and advocacy for internet freedom, while forging new alliances that advance digital rights. It elevates new voices including those of often marginalised groups such as the youth, persons with disabilities and women, and enables state and non-state actors to develop evidence-based interventions that guide policy and practice

FIFAfrica has previously been hosted in Uganda, South Africa, Ghana, Ethiopia and Zambia, with the last edition attended by up to 1,000 individuals (online and offline) from 47 countries.
A call for proposals and travel support applications will be announced soon. For updates, follow CIPESA social media (@cipesaug) accounts  on Twitter,Facebook and LinkedIn.