"BEEF" AMONG MUSICIANS, WHO IS WINNING AND WHO IS DEFAMING.
Recently, the news has reported about Ugandan musicians sharing their "beef" for one another in the news and on social media; with this one calling the other one a rat; then the other hitting back and saying so and so is local; then the local one hits back at another musician calling him a grand father; then the grandfather hits back at another musician saying she's forever 21; and the forever 21 musician hits back saying that other musician speaks only broken English; and the broken English musician hits back saying so and so has a fake Jamaican accent and has never even been on an aeroplane; and the fake Jamaican one hits back saying no Ugandan musician is at his level.... blah blah blah.
This leaves one question, is it an offence to post something or say "bad" things about another person on Social media?
CURRENT LAW:
Uganda currently has a law called the Computer Misuse Act which particularly governs the use of electronic devices and communications, includes the internet and social media activity. Under this law, there are offences such as Cyber Harassment and Offensive Communication.
OTHER LAWS:
There are a number of other laws which make it unlawful to "say bad things about other people" which turn out to be false.
Doing so could amount to Defamation which could be both a Civil matter (the victim can sue you for monetary damages) or Criminal (you could end up going to prison for it).
WHAT IS DEFAMATION:
Defamation is the communication of a statement that makes a claim stated to be factual, that may give an individual a negative or inferior image. If written down, then it is called Libel, if spoken, then it's called Slander.
For example, if a newspaper publishes a picture of a married woman allegedly mother to a king's son, and it turns out that she indeed is not the mother, then this could amount to defamation since this article would affect her perception in the public domain, and her marriage could suffer as a result.
For it to be defamation, then it should be;
a) False Statement
b) Fact i.e the person saying this should say it as if its a fact and not an opinion.
c) Published which in social media could mean posting this online.
d) Damage i.e the statement should have an effect of damaging a person's reputation among the public.
WHAT PUNISHMENT CAN SUCH A PERSON FACE:
The nature of punishment or penalty will depend on whether the case is Civil or Criminal.
a) Civil Cases- The penalty depends on the nature of damage suffered. It could range from a small fee to billions of shillings.
b) Criminal Case: If a person is found guilty of Criminal Defamation, then such a person could face imprisonment for up to 2 years.
DEFAMATION VS RIGHT TO FREE SPEECH:
Remember, the for there to be Defamation, then the allegation has to fulfill all conditions discussed above. This means if a statement is true or a matter of opinion, then such a statement might not amount to defamation.
For example, if Court convicted a person for stealing shs. 1 bn from a road project, then it might not be defamatory for you to report this on your Social Media.
CHALLENGES FACED IN PROVING SUCH DEFAMATION:
The main challenge faced is for one to prove that indeed the accused person is the one who posted the said material. For example, proving the identity of a person who used a pseudo account might be difficult.
In addition, proving that indeed the accused made the said post is also sometimes challenging.
LEGAL TIP:
Be careful what you say or post on Social Media because if that material turns out to be false, and damaging to the reputation of another person, then you might be held liable.
THE SOURCE OF THIS LEGAL TIP IS ONLINE LAWYERS.
Recently, the news has reported about Ugandan musicians sharing their "beef" for one another in the news and on social media; with this one calling the other one a rat; then the other hitting back and saying so and so is local; then the local one hits back at another musician calling him a grand father; then the grandfather hits back at another musician saying she's forever 21; and the forever 21 musician hits back saying that other musician speaks only broken English; and the broken English musician hits back saying so and so has a fake Jamaican accent and has never even been on an aeroplane; and the fake Jamaican one hits back saying no Ugandan musician is at his level.... blah blah blah.
This leaves one question, is it an offence to post something or say "bad" things about another person on Social media?
CURRENT LAW:
Uganda currently has a law called the Computer Misuse Act which particularly governs the use of electronic devices and communications, includes the internet and social media activity. Under this law, there are offences such as Cyber Harassment and Offensive Communication.
OTHER LAWS:
There are a number of other laws which make it unlawful to "say bad things about other people" which turn out to be false.
Doing so could amount to Defamation which could be both a Civil matter (the victim can sue you for monetary damages) or Criminal (you could end up going to prison for it).
WHAT IS DEFAMATION:
Defamation is the communication of a statement that makes a claim stated to be factual, that may give an individual a negative or inferior image. If written down, then it is called Libel, if spoken, then it's called Slander.
For example, if a newspaper publishes a picture of a married woman allegedly mother to a king's son, and it turns out that she indeed is not the mother, then this could amount to defamation since this article would affect her perception in the public domain, and her marriage could suffer as a result.
For it to be defamation, then it should be;
a) False Statement
b) Fact i.e the person saying this should say it as if its a fact and not an opinion.
c) Published which in social media could mean posting this online.
d) Damage i.e the statement should have an effect of damaging a person's reputation among the public.
WHAT PUNISHMENT CAN SUCH A PERSON FACE:
The nature of punishment or penalty will depend on whether the case is Civil or Criminal.
a) Civil Cases- The penalty depends on the nature of damage suffered. It could range from a small fee to billions of shillings.
b) Criminal Case: If a person is found guilty of Criminal Defamation, then such a person could face imprisonment for up to 2 years.
DEFAMATION VS RIGHT TO FREE SPEECH:
Remember, the for there to be Defamation, then the allegation has to fulfill all conditions discussed above. This means if a statement is true or a matter of opinion, then such a statement might not amount to defamation.
For example, if Court convicted a person for stealing shs. 1 bn from a road project, then it might not be defamatory for you to report this on your Social Media.
CHALLENGES FACED IN PROVING SUCH DEFAMATION:
The main challenge faced is for one to prove that indeed the accused person is the one who posted the said material. For example, proving the identity of a person who used a pseudo account might be difficult.
In addition, proving that indeed the accused made the said post is also sometimes challenging.
LEGAL TIP:
Be careful what you say or post on Social Media because if that material turns out to be false, and damaging to the reputation of another person, then you might be held liable.
THE SOURCE OF THIS LEGAL TIP IS ONLINE LAWYERS.
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