{UAH} Uganda: TVO Case - Facebook Attacks Uganda's Record

Uganda: TVO Case - Facebook Attacks Uganda's Record

By Derrick Kiyonga

In its appeal, Facebook, the world's largest social network, argues that if it heeds an Irish court's ruling to out Thomas Voltaire Okwalinga (TVO), a blogger and harsh critic of President Museveni, he will be hurt by the Ugandan government.

TVO is wanted by local police for allegedly revealing state secrets. In its hunt for TVO, police have made several arrests but failed to successfully pin or prosecute any suspect for using the TVO moniker. In March, Kampala lawyer Fred Muwema sued facebook over the numerous, disparaging posts against him, the blogger posted on his page.

TVO, in his posts, alleged that Muwema pocketed Shs 900m from government to stage a break-in at his law firm that ultimately led to the theft of sensitive material that compromised the presidential petition of former presidential candidate Amama Mbabazi.

TVO also claimed that Muwema, a lawyer for Mbabazi, was being guarded by the army's elite force, the Special Forces Command (SFC). Last week, Muwema seemed to have got his man when Justice Donald Binchy of the Ireland High court issued an order known as "Norwich Pharmacal" against Facebook.

The order is meant to help Muwema find and lodge legal proceedings against individuals who are believed to have wronged him. According to the court order, Facebook is supposed to reveal the whereabouts of TVO. But the social network has asked the court to revise the order, citing the poor human rights record of the Ugandan government.

Jack Gilbert, Facebook's lead counsel, in his affidavit, said that ever since court made the order, he was informed by Ebele Okobi, the company's head of public policy in Africa, that in the past they have received multiple requests from the Ugandan government to reveal who TVO is and where he is.

On February 2015, Gilbert said that Godfrey Mutabazi, the executive director of the Uganda Communications Commission (UCC), asked Facebook severally to take down TVO's posts.

"When Facebook refused the requests, Mr Mutabazi attempted to call Facebook before Uganda's Parliament to compel Facebook to produce the information to facilitate the arrest of the person or persons behind the account," Gilbert said.

HUMAN RIGHTS

Gilbert said that Facebook has since engaged with several representatives of civil society organisations in Uganda, who have confirmed that the government here is interested in arresting TVO.

"The Ugandan government has previously arrested and detained at least one person, an information security expert by the name of Mr Robert Shaka, who was incorrectly presumed to be TVO," he said.

As of September 2015, according to Gilbert, there were 172 registered complaints of Human rights violations by police officers.

"Facebook is un-aware whether or not there is any immediate threat to the life or liberty of the author of the fake TVO page," Gilbert said, adding that, "However, I note that the content published on that page is also critical of the Ugandan government and similar in substance to that of the genuine TVO profile. I therefore suspect that, aside from any indirect threat which may arise due to that apparent association with the genuine TVO profile, the content of the fake TVO page may have also attracted the interest of the Ugandan government and the author of the fake TVO page may be at risk of arrest and subsequent persecution in his/ her own right."

ELECTIONS

Gilbert said that President Museveni has been ruling since 1986 but his electoral victories have been described as neither transparent nor fair.

"Independent journalists and media outlets in the central region of Kampala are often critical of the government, but it has been reported by Freedom House that in recent years they have faced substantial, escalating government restrictions and intimidation," he said.

AMERICAN GOVERNMENT

In 2015, according to Facebook, the US department of state reported the three most serious human rights problems in Uganda. Apparently, they included unlawful killings, torture, and other abuse of suspects and detainees and restriction on civil liberties, which include; Freedoms of assembly, expression, and association.

"The report confirms the existence of credible reports that security forces torture and beat suspects and that the use of excessive force and torture during arrests and other law enforcement operations resulted in casualties," they said.

Gilbert also cites a 2015 report by local human rights group, Foundation for Human Rights Initiatives (FHRI), which found that security forces and prison wardens torture inmates, particularly in government prisons, military facilities and unregistered detention centres.

In light of their concerns, Gilbert argues that if Muwema comes to know where TVO is, the Ugandan government might coerce the flamboyant lawyer into passing on that information.

"Issuing such proceedings would inevitably make public the identity of TVO," Gilbert said, adding that,

"I believe that the revelation of the identity of TVO would place the life and liberty of that person in jeopardy."

RULING

Justice Binchy in asking Facebook to reveal the identity of TVO had to strike a delicate balance that avoided stifling free speech.

"Persons whose reputations are seriously damaged by anonymous and untrue internet postings may be left without any legal remedy against the site hosting the publication, even in the most flagrant of cases," Justice Binchy observed, adding, "The reluctance of the courts here and other jurisdictions to grant a prior restraint order reflects the importance attached by the courts and society at large to freedom of expression."

But Justice also took a swipe at the anonymity of TVO.

"There must be a doubt however about whether an Internet Service Provider [Facebook]... which disclaims any responsibility for or interest in the material complained about is entitled to assert in defence of an application such as this, the right to freedom of expression of a party who has chosen to remain anonymous at the time of the hearing of the application and beyond the jurisdiction of the court, and who in any event does not have a right to publish defamatory statements."

DEFAMATION

In his suit, Muwema took offence at the first post which was put up on March 17, 2016 at 7:47pm going by the title "Betrayal in the city."

He was also angered by the follow up post on March 19 at 9:47 pm and March 24 at 3:20pm, Ugandan time. Since the posts appeared, the flamboyant lawyer said, there were too many comments, posts and blogs, which amongst other things condemned, ridiculed him and his law firm as well as endangering his safety, reputation and credibility.

Indeed, Justice Binchy agreed that TVO's posts defamed Muwema.

"To suggest that a practising lawyer has taken a substantial bribe is manifestly defamatory of his character, unless proven to be true," Justice Binchy said, "Similarly, it seems to me that a suggestion or allegation that a practising lawyer staged a break-in to his own premises for the purposes of orchestrating political subterfuge is also defamatory, unless proven to be true."

The judge rejected Muwema's prayer for Facebook to take down TVO's "defamatory" posts.

Gwokto La'Kitgum

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