Is this now the thought police?

Oct 05, 2004

THE BROADCASTING Council has fined Simba FM sh1.8m for hosting homosexuals on a discussion programme. The homosexuals were protesting against discrimination.

THE BROADCASTING Council has fined Simba FM sh1.8m for hosting homosexuals on a discussion programme. The homosexuals were protesting against discrimination.

The Broadcasting Council said that Simba had offended the public and breached the law on public morality.

This ruling is probably unconstitutional and an infringement of the right of freedom of speech. Homosexual acts are indeed illegal in Uganda. But it is not therefore illegal to say that you are homosexual, or have homosexual tendencies.

Moreover neither Simba nor the homosexuals committed a crime during the discussion programme in August. Demanding a change in the law cannot be criminal.

In most countries, homosexuality has been legalised. Some now even recognise gay marriages.
Gay marriages would obviously not be welcome in Uganda but the Broadcasting Council is now in effect saying that it is illegal to discuss the matter. Anyone arguing on FM radios that society should develop a more tolerant attitude towards homosexuality is committing an offence.

This development could be taken to extreme lengths. The Council could say that it is illegal to argue that any activity should be decriminalised. For instance, the present age of defilement seems unrealistic since 75 per cent of Ugandan girls are married before 18 years of age. Yet if you argued on air that the age of sexual consent should be reduced to 16 years, the Council could now decree that you were committing an offence.

And what about political crimes? What will it be deemed acceptable to discuss and not to discuss? Is this the beginning of the thought police?

The Broadcasting Council has set a very dangerous precedent by fining Simba FM for allowing a discussion of homosexuality. Simba FM should not have paid the fine. A civil rights or media NGO should file a constitutional case to protect freedom of expression and strike down this fine.
ends

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