The High Court has ordered Monitor Publications, NTV Uganda and its reporter Deogratious Wamala to jointly pay lawyer Silver Kayondo Shs185 million for infringing on his copyright, falsely attributing statements to him and misrepresenting his views.
Justice Dr Ginamia Melody Ngwatu also ordered the media organisations to publish an apology on their print and online platforms.
Kayondo is a Kampala-based advocate who specialises in corporate and commercial law, technology, media, telecommunications and international finance.
He is a lecturer at Law Development Centre (LDC) and a digital content creator who regularly shares legal, economic and public policy analysis on his X handle.
The judgment is a blow to Daily Monitor and NTV Uganda, which were shut down by security forces last month following a directive issued by Chief of Defence Forces Gen Muhoozi Kainerugaba.
The case arose from a story published by the Daily Monitor in September 2023 about Uganda’s discussions with the World Bank following the suspension of new funding after the enactment of the Anti-Homosexuality Act.
Kayondo told court that he had spent years building his reputation as a legal expert in international finance and had invested more than Shs 370 million ($100,000) in developing that expertise.
He also said he had built a strong following on social media where he regularly shared professional analysis on legal and financial issues.
According to his evidence, the dispute started on September 16, 2023, when a colleague shared a Monitor story in a WhatsApp group for lawyers.
Kayondo testified that he immediately noticed that journalist Deogratious Wamala had reproduced a post he had published on X, formerly Twitter, on August 10, 2023 under the title “World Bank-Uganda.”
He said Monitor published the material in its newspaper, online platforms and electronic newspaper before it was shared by NTV Uganda on its own digital platforms.
Kayondo argued that the media organisations had copied his work without seeking his permission, without paying him and while presenting altered words as though they had come directly from him.
In his suit, Kayondo sought declarations that he owned the copyright in the content published on his X account, that the defendants had infringed his copyright and personality rights, misrepresented his views, negligently altered his work and defamed him. He also sought damages, an apology, an injunction and costs.
Daily Monitor and NTV denied liability, arguing that copyright could not exist in the material because the statements were merely ideas and concepts rather than protected works.
They also maintained that the article amounted to fair use because it discussed an important public issue, acknowledged Kayondo as the source and was published for public education on a current economic matter.
The media organisations further argued that there was no restriction on reproducing the material from Kayondo’s social media accounts and that the publication actually enhanced his public profile rather than damaging it.
The trial, however, took an unexpected turn when Daily Monitor and NTV failed to comply with court directives requiring them to file witness statements,
When the matter came up for hearing, Daily Monitor’s lawyer Joram Sebuliba of Nangwala, Rezida and Company Advocates, sought an adjournment, saying one of his colleagues was unwell.
Kayondo’s lawyer, Sadam Solomon, opposed the request, arguing that the media organisations had already been given enough time and had been properly served.
The court agreed with Kayondo and allowed him to proceed without Daily Monitor and NTV presenting their evidence.
Kayondo told the court that on August 10, 2023, he published a five-point analysis on X stating: “Lenders are free to dictate their lending terms; Sovereigns/Gov’ts have the right to protect their sovereignty; Borrowers are not tied to specific lenders; Lenders push values of their shareholders and that the economic size and political significance shape treatment.”
He produced screenshots of the post and maintained that he was its original author.
Justice Ngwatu said the beauty with social media is that people can access work posted thereon and that the court was able to confirm that Kayondo was truthful about the existence of the work.
She rejected Daily Monitor’s argument that the post consisted of mere ideas.
“Any work that has been reduced to material form ceases to be an opinion or a mere view. It becomes one’s expression,” she ruled.
Justice Ngwatu agreed that the article addressed an important current issue involving the World Bank and Uganda but concluded that Daily Monitor and NTV crossed the line by altering Kayondo’s words and misleadingly presenting them.
She noted that Kayondo had written, “Lenders push values of their shareholders,” but the published article changed this to “Lenders push value for their shareholders” while also attributing additional comments to him.
She quoted the Press and Journalist Act, saying, “Journalists and editors must take care not to publish inaccurate, misleading or distorted information, including pictures.”
She added that editors and journalists are under a duty “to scrutinise any work meant for public consumption and ensure the accuracy of the work.”
Justice Ngwatu held that although freedom of the press is protected by the Constitution, it must be exercised responsibly and cannot justify publishing inaccurate or distorted information.
She therefore found that Daily Monitor had infringed Kayondo’s copyright, falsely attributed views to him, misrepresented his work, negligently altered it, misappropriated his personality rights and defamed him.
In the final orders, she declared Kayondo the owner of the copyright in his digital content published through his X account.
She declared that Daily Monitor and NTV had infringed that copyright, falsely attributed comments to him, misrepresented his views and defamed him.
In the end, Justice Ngwatu awarded Kayondo Shs165 million in general damages and Shs20 million in aggravated damages.
