Josephine Maseruka and Paul Kiwuuwa
25 March 2009
Kampala — THE Uganda Communications Commission has said the proposed phone tapping Bill contravenes the Constitution and the Uganda Communications Act.
Hodge Ssemakula, the director of legal affairs, told MPs on the information and communications technology committee that some provisions in the Bill would cause confusion if not amended.
He cited article 27(2) of the Constitution, which provides that no person's privacy would be interfered with at home, during correspondence or communication.
"Even if this right or freedom is not absolute, under Article 46(1) of the Constitution, it can only be taken away in case of an emergency," Ssemakula said.
He pointed out that the Communications Act made it an offence for any operator of a communications service, system or its employee to intercept any communication between other persons sent by means of that system without a court order.
"The proposed Bill must be harmonised with the provisions of the Act, otherwise we will have two conflicting statutes," Ssemakula said.
The commission is a statutory body which regulates and issues operational licences to telecommunication service providers and electronic media.The Bill aims at legalising the interception and monitoring of certain communications.
Appearing before the same committee, the Human Rights Network requested powers of the minister to intercept communications be shifted to the courts of law, adding that the minister could abuse the powers.
The committee chaired by Edward Baliddawa (NRM) heard that if service providers were left to foot the cost of installing facilities to enable interception of communications, they would pass it over to the consumer.
The Regulation of Interception of Communications Bill 2007, which was presented by security minister Amama Mbabazi last month, is under scrutiny by MPs.
The Uganda Journalist Association officials argued that the Bill, if not amended, would remove the confidentiality of their sources contrary to the Media Act.
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