Lawyers representing detained constitutional lawyer Hassan Male Mabirizi Kiwanuka have asked the Office of the Director of Public Prosecutions to drop separate “fake news” and illegal broadcasting charges against him, arguing they are unconstitutional and contradict binding court precedents.
In a letter dated April 2, Mabirizi’s legal team from Escala Associated Advocates said the charges brought under Regulation 110(e) of the Uganda Communications Commission (UCC) Licensing Regulations, 2019, are “manifestly unlawful” and revive provisions long nullified by Uganda’s superior courts.
“Our client was charged with the offences of publishing fake news… and broadcasting without a licence,” the lawyers wrote. “This offence violates the settled constitutional principle that criminalising the publication of false news is inconsistent with the Constitution.”
The defence relies heavily on the Supreme Court’s decision in Charles Onyango-Obbo v Attorney General, which struck down the offence of publishing false news, and the Constitutional Court ruling in Alternative Digitalk v Attorney General, which reinforced protections for freedom of expression.
They argue Regulation 110(e) effectively reintroduces the same offence without defining what constitutes “fake news,” creating what they describe as a vague and arbitrary legal standard.
“Regulation 110(e) fails entirely to define ‘fake news’… leaving it entirely to the prosecutor to determine… what qualifies,” the lawyers said, warning of a “chilling effect” on free speech.
They further contend that criminal penalties of up to two years’ imprisonment for speech-related offences are disproportionate and unconstitutional.
On the charge of operating as an unlicensed broadcaster, the lawyers argue that applying traditional broadcasting laws to a TikTok user is legally untenable.
“There is no basis in law for treating a private individual’s use of a social media platform as ‘broadcasting’,” the letter states, noting that Ugandan law defines broadcasters as licensed radio or television operators.
The request comes as Mabirizi remains on remand at Luzira Prison following his recent arraignment at the Buganda Road Chief Magistrate’s Court.
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Uganda: Lawyers Push DPP to Drop Mabirizi ‘Fake News’ Charges, Cite Supreme Court Precedents
