Draft law to protect sources in offing

By Brenda Aheebwa             

A local NGO is spearheading the drafting of a proposed law to shield journalists and other media practitioners from revealing their sources of information.

The proposed law, championed by Uganda Media Development Foundation, is expected to promote and strengthen the integrity of the investigative reporting process where journalists have the privilege to protect their sources.

If the piece of legislation comes through successfully, journalists will be able to freely practice their profession with confidence.

Considering the nature of their profession, many reporters work under pressure to disclose their sources often times as proof of authenticity of their information.

But some have come out strongly against the practice, insisting it damages the reporter-source rapport that is based mostly on confidentiality.

But with a shield law in place, the watchdog role of the media will be safeguarded and protected, according to media consultant Michael Kakooza.

Speaking at a media workshop at Ministers Village Hotel in Ntinda, the media expert highlighted the law on media freedoms and freedom of speech.

Such rights are provided for in Article 29 (1) of the Uganda Constitution.

Kakooza pointed out that the law in the making will protect freelance journalists, stringers, journalists employed by media houses – print and broadcast – investigative and undercover reporters, editors, media managers, researchers and media owners.

Various media houses were represented at the workshop that was meant to discuss the proposed law before it can be presented to Parliament for further debate.

Gawaya Tegulle, an advocate with Top and Company Advocates noted that the shield law recognizes that certain relationships are so personal that they deserve protection against disclosure of confidential information.

He cited cases where a wife cannot testify against the husband in court.

“If journalists are not allowed to keep sources and information confidential by law, and must at some point have to give up their sources, they risk people not entrusting them with new information,” he said.

The advocate emphasized that editors and publishers too need to be protected.

But he was keen to advise that journalists must provide courts any information that is required or risk being penalized – through paying fines or serving a jail term.

The argument here is that courts need that information to prosecute people for wrongdoing.

“Shield laws are not limited to the media,” observed Gawaya.

“One domain that has shield laws is that of rape.

“Rape shield laws restrict or prohibit the use of certain evidence in sexual offense cases, such as evidence regarding the lack of chastity of the victim because it is believed to be prejudicial and harassing.”