Media Regulation and Freedom of Expression in Uganda

The significance of freedom of expression as a core element essential in democracy does not however leave out the possibility of the same freedom being abused to the detriment of democracy. For instance, in South Africa, the media is alleged to have been used to perpetuate racism during apartheid and xenophobia post apartheid. In Rwanda it was used to spread hatred that led to the 1994 genocide. Hence, while jealously guarding against infringement of this right, the human rights instruments also place duties and responsibility on the beneficiaries of the freedom. The duties which are commonly placed on the recipients of freedom of expression are in the form of limitation of this right for: (a) protection and respect of others (b) national security and (c) public health and morals. The American Convention elaborates on this limitation by providing that the right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.