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Employers To Be Held Liable For Employees’ Social Media Posts – UCC

The Uganda Communications Commission (UCC) has rolled out new guidelines to curb misinformation, negativity, and indecent content across media platforms. A significant shift within these guidelines is holding media employers accountable for their employees’ actions on social media.

During a press briefing, UCC Executive Director Nyombi Thembo elaborated on the decision, pointing out that some media personalities have gained social influence through their roles in the industry, often utilizing this influence negatively. Thembo emphasized that the commission’s objective is to address these issues by making employers responsible for their employees’ conduct.

“If you have gained fame through the waves you’ve had the opportunity to work on and now want to earn from your influence, go home and post. The problem arises when you use that enormous influence negatively while hiding behind a brand—that’s what we are going to fight,” stated Thembo.

He added that while employers are responsible for their staff’s actions, the guidelines do not intend to strip media personalities of their rights as individuals. Instead, it aligns Uganda’s regulations with global practices concerning the management of negative content from celebrities.

Thembo stressed that these measures aim to safeguard society without infringing on personal freedoms. “The line that separates freedom from regulation is responsibility. A responsible regulator won’t infringe on the rights of individuals or organizations, as our laws and constitution clearly distinguish between the two. So, enjoy your freedom of expression, but follow the law. We are responsible regulators who can’t take away your freedoms,” he noted.

Addressing broader concerns, Thembo expressed alarm over an uptick in broadcasts with inappropriate material, particularly in music videos and lyrics. He cited that this kind of content often breaches Uganda’s broadcasting laws, specifically the Minimum Broadcasting Standards under the Uganda Communications Act, 2013. Broadcasters are thus required to schedule content appropriately and align it with public morality to ensure it does not reach minors.

Despite repeated warnings, some media houses continue to violate these rules. The UCC has reinforced its commitment to enforcing compliance, reminding broadcasters that all content, including music videos, must be classified through the Media Council as per the Press and Journalist Act. Failure to comply could result in fines amounting to 10% of annual gross revenue or the revocation of broadcasting licenses.

UCC Head of Multimedia Services, Medi Kaggwa, stated that the commission collaborates with other regulators and digital platforms to moderate online content. “We work with Facebook, TikTok, Instagram, and can lodge complaints if offensive content is posted, and they assist in taking down such material,” he said.

Kaggwa added that the commission is revising its standards to guide creatives on how to protect the public from offensive content. “It is a legal requirement that all videos and plays consumed by the public go through classification. This is not to stifle creativity, but to advise on who is suitable to consume the content,” he emphasized.

In addition, the UCC plans to launch a sensitization campaign to educate parents and guardians on how to shield minors from inappropriate content on digital devices.

However, the new regulations have sparked debate within the media industry. Renowned media proprietor Francis Babu criticized the move, arguing that holding employers accountable for their employees’ personal actions is unjust.

“A proprietor does not have the capacity to control the minds of their workers. You can implement laws and regulations, but if a worker refuses to follow them, holding the employer responsible is unfortunate,” Babu commented in a telephone conversation with URN.

Babu added that employers should only be liable for situations they can control. “You cannot control someone’s cellphone, tablet, or computer. The best I can do as an employer is to terminate their contract, but holding me liable is totally unfair,” he asserted.

The UCC’s introduction of these guidelines marks a significant effort to regulate the media landscape in Uganda, promoting responsible use of social influence while striving to maintain the delicate balance between freedom of expression and societal protection.

-URN

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