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PRESS AND JOURNALIST ACT.

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
MASS MEDIA.

   2.   Right to publish a newspaper.

   3.   Compliance with other laws.

   4.   Access to official information.

   5.   Registration of particulars relating to an editor.

   6.   Functions of an editor.

   7.   Disqualification of editor.

PART III
MEDIA COUNCIL.

   8.   Establishment of the Media Council.

   9.   Functions of the council.

   10.   Meetings, etc. of the council.

   11.   Remuneration of members of the council.

   12.   Annual report.

PART IV
THE NATIONAL INSTITUTE OF JOURNALISTS OF UGANDA.

   13.   Establishment of the institute.

   14.   Objects of the institute.

   15.   Membership of the institute.

   16.   Application for membership of the institute.

   17.   Disqualification from membership of the institute.

   18.   Executive committee.

   19.   Functions of the executive committee.

   20.   Meetings, etc. of the committee and of the general assembly.

PART V
FINANCIAL PROVISIONS.

   21.   Funds of the institute.

   22.   Borrowing powers.

   23.   Investment.

   24.   Financial year.

   25.   Accounts and audit.

PART VI
REGULATION OF PUBLIC PRACTICE.

   26.   Registration of journalists.

   27.   Practising certificate.

   28.   Refusal to grant a practising certificate.

   29.   Accreditation card.

PART VII
DISCIPLINARY COMMITTEE AND INQUIRIES.

   30.   Disciplinary committee.

   31.   Complaints against a journalist.

   32.   Procedure of the committee.

   33.   Committee's decision.

   34.   Appeal to the High Court.

   35.   Implementation of the committee's orders.

   36.   Revocation of suspension of a journalist.

PART VIII
MISCELLANEOUS AND TRANSITIONAL PROVISIONS.

   37.   Report, etc. to be received in evidence.

   38.   Protection of source of information.

   39.   Seizure order.

   40.   Professional code of ethics.

   41.   Practising journalists prior to commencement of this Act to continue to practise.

   42.   Regulations.

      First Schedule   Meetings of the council and other miscellaneous matters.

      Second Schedule   Meetings of the executive committee.

      Third Schedule   Meetings of the institute.

      Fourth Schedule   Professional code of ethics.

CHAPTER 105
THE PRESS AND JOURNALIST ACT.

Commencement: 28 July, 1995.

   An Act to ensure the freedom of the press, to provide for a council responsible for the regulation of mass media and to establish an institute of journalists of Uganda.

PART I
INTERPRETATION.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "chairperson" means the chairperson of the council;

   (b)   "council" means the council established under section 8;

   (c)   "editor" includes a person who is, at any given time, in charge of programme production at a radio or television station;

   (d)   "electronic media" means communication of any message to the public by television, radio, video, cinema or by any other electronic apparatus;

   (e)   "executive committee" means the executive committee of the institute established under section 18;

   (f)   "exhibition" means an exhibition of art, film or videotape with or without sound effects, made by means of cinematography or other means for public consumption;

   (g)   "general assembly" means the general assembly of the institute;

   (h)   "journalist" means a person who is enrolled as a journalist under this Act;

   (i)   "mass media" includes newspapers, posters, banners and electronic media published for public consumption;

   (j)   "Minister" means the Minister responsible for information;

   (k)   "newspaper" means a publication which contains all or any of the following—

      (i)   news;

      (ii)   articles;

      (iii)   entertainment;

      (iv)   advertisements;

      (v)   reports of occurrences;

      (vi)   views; and

      (vii)   comments or observations which are published for distribution to the public either daily or periodically;

   (l)   "roll" means the roll of journalists;

   (m)   "secretary" means secretary to the council.

PART II
MASS MEDIA.

2.   Right to publish a newspaper.

   (1) A person may, subject to this Act, publish a newspaper.

   (2) No person or authority shall, on grounds of the content of a publication, take any action not authorised under this Act or any other law to prevent the—

   (a)   printing;

   (b)   publication; or

   (c)   circulation among the public,

of a newspaper.

3.   Compliance with other laws.

   Nothing contained in section 2 absolves any person from compliance with any law—

   (a)   prohibiting the publication of pornographic matters and obscene publications insofar as they tend to offend or corrupt public morals;

   (b)   prohibiting any publication which improperly infringes on the privacy of an individual or which contains false information.

4.   Access to official information.

   A person may have access to official information subject to any law in force relating to national security, secrecy or confidentiality of information.

5.   Registration of particulars relating to an editor.

   (1) A proprietor of a mass media organisation shall, on appointing an editor, register with the council the following particulars in relation to the editor—

   (a)   his or her name and address;

   (b)   certified copies of the relevant testimonials as proof of his or her qualifications and experience;

   (c)   the name and address of the newspaper; and

   (d)   such other particulars as may be prescribed by the council.

   (2) The proprietor shall notify the council within 30 days of its coming to his or her notice of any change in any of the particulars referred to in subsection (1).

   (3) Any person who contravenes this section commits an offence and is liable on conviction to a fine not exceeding 300,000 shillings and, in case of failure to pay the fine, to imprisonment for a term not exceeding three months.

6.   Functions of an editor.

   A proprietor and editor of a mass media organisation shall—

   (a)   ensure that what is published is not contrary to public morality;

   (b)   retain a copy of each newspaper published by the organisation and a copy of each supplement to it for not less than 10 years;

   (c)   in the case of electronic media, retain a record of all that is broadcast by a radio or television station for not less than 30 days.

7.   Disqualification of an editor.

   A person shall not be appointed as editor of a mass media organisation if—

   (a)   he or she is less than 18 years of age;

   (b)   he or she is of unsound mind;

   (c)   he or she is an undischarged bankrupt or insolvent;

   (d)   he or she is not ordinarily resident in Uganda;

   (e)   he or she does not possess the requisite qualifications prescribed by the council.

PART III
MEDIA COUNCIL.

8.   Establishment of the Media Council.

   (1) There is established a council to be known as the Media Council.

   (2) The council shall consist of—

   (a)   the director of information or a senior officer from the Ministry responsible for information, who shall be the secretary to the council;

   (b)   two distinguished scholars in mass communication appointed by the Minister in consultation with the National Institute of Journalists of Uganda;

   (c)   a representative nominated by the Uganda Newspapers Editors and Proprietors Association;

   (d)   four representatives of whom—

      (i)   two shall represent electronic media; and

      (ii)   two shall represent the National Institute of Journalists of Uganda;

   (e)   four members of the public not being journalists, who shall be persons of proven integrity and good repute of whom—

      (i)   two shall be nominated by the Minister; and

      (ii)   one shall be nominated by the Uganda Newspapers Editors and Proprietors Association;

      (iii)   one shall be nominated by the journalists; and

   (f)   a distinguished practising lawyer nominated by the Uganda Law Society.

   (3) The persons referred to in paragraphs (c), (d), (e) and (f) shall be appointed by the Minister.

   (4) The chairperson of the council shall be elected by the members from among their number.

   (5) Members of the council shall hold office for a period of three years upon such terms and conditions as may be specified in the instruments of appointment and shall be eligible for reappointment.

   (6) A member of the council may resign his or her office in writing, addressed to the chairperson and in case of the chairperson to the Minister.

9.   Functions of the council.

   (1) The functions of the council shall be—

   (a)   to regulate the conduct and

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