A court in Mpigi district has dismissed a case of publishing false news against Central Broadcasting Service (CBS) FM journalist Yoweri Musisi.
Musisi 37, a resident of Nabusanke, Nkozi Sub county Mpigi district was charged with publishing false news on 24th/March/2011 by Buwama Grade II magistrate court.
Charge came after Musisi had been arrested and detained at Buwama police station for more than 24 hours.
Human Rights Network for Journalists-Uganda (HRNJ-Uganda) with partners Media Legal Defence Initiative (MLDI) hired a lawyer from Mukiibi, Kawooya and Onyango and Company advocates to challenge the defective publishing false news charge
The lawyers argued that the Supreme Court Judge J.N. Mulenga in 2004 declared the law on publishing false news unconstitutional saying that it was exerting unacceptable chilling effect on the freedom of expression.
Appearing before the Buwama grade II magistrate Noah Muwonge , Francis Onyango a lawyer representing Musisi argued that by the time of charging Musisi there was no offence called publishing false news in our law books which makes it non-existing.
He added that the constitutional provision which calls for any criminal offence to be defined and punishment prescribed in our law books was abused by the state.
It’s on that basis that magistrate Muwonge dismissed the case saying all subordinate courts of the highest court in the land the Supreme Court are supposed to be bound to its decisions.
Ultimate Media