UCC sued; MAK student depones affidavit, says social media blockade is unlawful
The Uganda Communications Commission (UCC) has been dragged to Court together with the Attorney General and Bank of Uganda for the ongoing social media and mobile money blockade.
The case which seeks an injunction against the blockade has been filed this morning at the High Court Civil Division by Legal Brains Trust – a local NGO that seeks to advance human rights, democracy and rule of law in the country.
Through an affidavit sworn by Saasi Marvin, a 3rd year student of law at Makerere University and a writer here at Campusbee, the applicant also wants Court to declare that UCC’s directive to telecommunications and mobile money service providers to indefinitely block public access to social media sites including Facebook, Twitter and WhatsApp as well as mobile money since yesterday is unjustifiable and unlawful.
The Government and Bank of Uganda are faulted for their failure to “take corrective measures to restore public access” or “assert and protect its independence by issuing corrective measures to restore public access to mobile money services [as the regulator]”, respectively which the applicant says are unjustifiable and unlawful.
Saasi’s affidavit argues that UCC blocked the services without prior warning to or consultation with the public on the pretext of vague and generalized national security concerns.
“The blockade is unjustifiable in a free and democratic society. The respondents acted unfairly, unreasonably and for improper purposes in permitting it to continue indefinitely.
Their conduct is irrational and out of touch with their respective obligations to respect, uphold and promote the use of rapid technological and financial advancements which are fundamental for democratic processes.” – Saasi’s affidavit reads in part.
“The currently blocked social media sites are in fact people’s shops, offices and platforms for accessing unlimited economic, social and cultural exchange opportunities between and among the people of Uganda and the world.
Implementation of the impugned blockade has unjustifiably deprived the public of access to its property on mobile money accounts through high handed governmental action.” he continues.
Saasi says that unless UCC is restrained by Court, the public’s freedom of expression and information through social media will be disproportionately limited for irrational purposes and that property, livelihood and consumer rights connected with mobile money transactions shall be arbitrarily and disproportionately interfered with by the State.
UCC was not immediately available for a comment on this this sui generis (first of its kind – in Uganda) case.
