“it is the submission of the prosecution that the offense committed by the convict is not one of freedom of expression but one of gross abuse and misuse of freedom of expression...and in this case, respect of the diseased mother of the president and the fountain of honor himself”
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Magistrate Kasamunyu is citing judgements from colonial GB, India, US & Uganda to establish definition of obscenity. Obscenity is being defined as material that 1. lacks artistic merit, 2. may corrupt individuals and 3. violates “contemporary community standards”
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The Computer Misuse Act does not define obscenity, hence the effort to define it using dictionaries & legal precedent.
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K: “The post lacks value and does not communicate any message. The post would offend any other reasonable person. The suggestions in the post could only made by an immoral person or someone who was poorly brought up.”
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Judge Kamasanyu has acquitted the accused of Count 2, cyber harassment, on the grounds that the complainant (President Museveni) has never appeared before court.
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The prosecuting attorney is asking Magistrate Kamasanyu for a custodial sentence, rather than a fine, because the post was “directed at the fountain of honor,” President Museveni, and his deceased mother.
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“This offense of cyber harassment is becoming very rampant as people settle scores using demeaning & repulsive apertures. This court needs to send a serious signal to deter the offenders who are increasingly abusing the use of internet & protect this young generation.”
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“Freedom of speech is not absolute. This right does not confer on the citizens the right to speak irresponsibly.”
Prosecution uses UN ICCPR to say freedom of speech is limited by “the need to respect the rights & reputations of others” and to respect public security and morals
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