Remmy Asiteza Uganda Fake News Charges: Journalist Remanded

• Ugandan journalist Remmy Asiteza was arrested and charged with "publishing fake news" and "broadcasting without a license."
• The charges relate to reports on his Daily Express site alleging corruption by Minister of the Presidency Milly Babalanda.
• Asiteza was arraigned at the Buganda Road Chief Magistrate Court without legal counsel present, despite his lawyers being on the premises.
• He faces potential fines of up to 960,000 Ugandan shillings and/or two years imprisonment under the 2019 Communications (Licensing) Regulations.
• The Committee to Protect Journalists has called for his immediate release, citing a pattern of media suppression in Uganda.

This incident underscores a concerning trend of aggressive enforcement of media laws in Uganda, particularly against journalists investigating government corruption, and highlights significant procedural irregularities.

Ugandan journalist Remmy Asiteza was taken into custody on August 13 in Kampala and subsequently appeared before the Buganda Road Chief Magistrate Court on August 17. He faces charges of "publishing fake news" and "broadcasting without a license," stemming from reports published on his news website, Daily Express. Following his court appearance, Asiteza was remanded to Kampala's Luzira Prison, with his next hearing scheduled for September 9.

The charges against Asiteza are directly linked to articles published on July 7 and July 8 by Daily Express. These reports alleged corruption within the recruitment process for local government officers. Specifically, the prosecution claims Asiteza and others falsely implicated Uganda's Minister of the Presidency, Milly Babalanda, in corrupt activities. The charge sheet references a July 7 Daily Express report that stated President Yoweri Museveni had initiated an investigation into the alleged corruption scheme, though it did not detail the content of the July 8 reporting. Authorities assert that Daily Express operates without the necessary licensing.

Asiteza has denied all charges brought against him. His case has drawn significant attention from press freedom advocates, including the Committee to Protect Journalists (CPJ), which has called for his immediate and unconditional release. The organization views these charges as part of a broader pattern of judicial proceedings being used to suppress critical reporting on public interest issues in Uganda.

The legal basis for the charges against Remmy Asiteza includes provisions related to "publishing fake news" and operating a media outlet without proper authorization. Uganda's 2019 Communications (Licensing) Regulations stipulate severe penalties for those convicted of "publishing fake news," including fines of up to 960,000 Ugandan shillings (approximately US$257) and/or imprisonment for up to two years. The accusation of broadcasting without a license further compounds the legal challenges faced by the Ugandan journalist.

Concerns have also been raised regarding the procedural aspects of Asiteza's arraignment. According to sources, including the secretary general of the Uganda Journalists Association (UJA), Emmanuel Kirunda, Asiteza appeared in the Buganda Road Chief Magistrate Court without legal counsel. His lawyers were reportedly present on the court premises but were not in the courtroom when he was arraigned. These sources indicated that authorities brought Asiteza to court earlier than communicated to his legal team, leading to a speedy arraignment without the presence of his defense.

This incident involving Remmy Asiteza underscores a concerning trend of aggressive enforcement of media laws in Uganda, particularly against journalists investigating government corruption, and highlights significant procedural irregularities. The Committee to Protect Journalists has consistently documented a tightening grip on the Ugandan media landscape, characterized by acts of censorship and the enactment of restrictive legislation. This environment creates substantial risks for journalists reporting on sensitive topics, such as Milly Babalanda corruption allegations.

Asiteza's case is not isolated. In June, veteran commentator Timothy Kalyegira was charged with operating two digital news outlets without broadcasting licenses; his case was adjourned until November 5. Similarly, Alternative Digitalk journalist Arnold Anthony Mukose spent five weeks in prison on charges of publishing "fake news" concerning First Lady Janet Kataha Museveni, though those charges were ultimately dropped on August 24. These cases collectively illustrate the challenges faced by Ugandan journalists arrested on fake news charges and those operating without licenses under the Uganda Communications (Licensing) Regulations 2019. Efforts by CPJ to obtain responses from various Ugandan authorities, including the Uganda Police Force, the Director of Public Prosecutions, and the Office of the President, regarding Asiteza's detention and the broader issues, have gone unanswered.

Lawyers advising media clients in Uganda should note the aggressive enforcement of 'fake news' and broadcasting licensing laws, particularly when reporting on government corruption. This case highlights the procedural risks, such as speedy arraignment without legal counsel, and the need for robust pre-publication legal review and rapid response strategies to protect journalists.

Source: Original reporting via Committee to Protect Journalists