Homosexuals' lawsuit to prevent newspaper inciting violence (re Uganda)

A Ugandan man reads the headline of the Rolling Stone newspaper which calls for gay people to be hanged. Photograph: APIn October 2010 a Ugandan tabloid newspaper called Rolling Stone published several articles with dozens of names, photographs and home addresses of people it identified as homosexuals.  One headline read: “Hang Them; They are After Our Kids!!!! Pictures of Uganda’s 100 Homos Leak”.  One of the individuals identified by the newspaper, David Kato, was beaten to death with a hammer in his Kampala home on 26 January 2011.

In late October 2010 three members of Sexual Minority Uganda (SMUG), whose faces had appeared on the cover of Rolling Stone, filed a lawsuit against the newspaper with the High Court of Uganda.  The plaintiffs were David Kato, Jaqueline Kasha and Patience Onziema – all advocates for the rights of sexual minorities in Uganda.  The plaintiffs sought an injunction to stop Rolling Stone from further publication of photographs, names or home addresses of people it identified as homosexual.  The plaintiffs argued that the newspaper’s publication exposed them to threats of violence and hatred violating their right to privacy and their right to life and human dignity.  The newspaper argued that because the plaintiffs had already exposed their sexual orientation online, their right to privacy could not be invoked.  It also argued that the plaintiffs were in breach of Uganda’s penal code, which identifies homosexuality as a criminal offence.

On 1 November 2010 the High Court issued a temporary injunction, ordering the newspaper to stop publishing the names, photographs and home addresses of people it identified as homosexuals.  The High Court issued a permanent injunction in December 2010 ordering Rolling Stone to refrain from further publication of the names, home addresses and photographs of the plaintiffs and any other individuals it claims are homosexual.  It further ruled that the story featured in Rolling Stone violated the plaintiffs’ constitutional right to privacy, human dignity and safety. Accordingly, the three plaintiffs were awarded monetary compensation of USh.1,500,000 each (over £400).

- “Uganda: Kato Murder Re-ignites Gay Rights Debate”, Joe Opio, IPS, 12 Feb 2011
- “Ugandan gay rights activist murdered weeks after court victory”, Xan Rice, Guardian [UK], 27 Jan 2011
- “Ugandans win damages over anti-gay newspaper article”, Peter Walker, Guardian [UK], 3 Jan 2011
- “Judge orders Ugandan paper to stop publishing 'gay lists'”, CNN, 2 Nov 2010
- “Ugandan paper ordered to stop printing list of gay people”, Xan Rice, Guardian [UK], 1 Nov 2010

- Sexual Minorities Uganda (SMUG): Press Release. Brutal Killing of Ugandan Gay Human Rights Defender, 27 Jan 2011
- Civil Society Coalition on Human Rights and Constitutional Law: [PDF] Civil Society Coalition Welcomes High Court of Uganda's Decision, Calls Upon Government to do More to Protect the Rights of Sexual Minorities, 8 Nov 2010

- [PDF] David Kato et al. v Rolling Stone Ltd., Case No. 163 of 2010, High Court of Uganda, 30 Dec 2010

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Lawsuit
18 February 2014

Homosexuals' lawsuit to prevent newspaper inciting violence (re Uganda)

Author: Business & Human Rights Resource Centre

In October 2010 a Ugandan tabloid newspaper called Rolling Stone published several articles with dozens of names, photographs and home addresses of people it identified as homosexuals.  One headline read: “Hang Them; They are After Our Kids!!!! Pictures of Uganda’s 100 Homos Leak”.  One of the individuals identified by the newspaper, David Kato, was beaten to death with a hammer in his Kampala home on 26 January 2011.
In late October 2010 three members of Sexual Minority Uganda (SMUG), whose faces had appeared on the cover of Rolling Stone, filed a lawsuit against the newspaper with the High Court of Uganda.  The plaintiffs were David Kato, Jaqueline Kasha and Patience Onziema – all advocates for the rights of sexual minorities in Uganda.  The plaintiffs sought an injunction to stop Rolling Stone from further publication of photographs, names or home addresses of people it identified as homosexual.  The plaintiffs argued that the newspaper’s publication exposed them to threats of violence and hatred violating their right to privacy and their right to life and human dignity.  The newspaper argued that because the plaintiffs had already exposed their sexual orientation online, their right to privacy could not be invoked.  It also argued that the plaintiffs were in breach of Uganda’s penal code, which identifies homosexuality as a criminal offence. 
On 1 November 2010 the High Court issued a temporary injunction, ordering the newspaper to stop publishing the names, photographs and home addresses of people it identified as homosexuals.  The High Court issued a permanent injunction in December 2010 ordering Rolling Stone to refrain from further publication of the names, home addresses and photographs of the plaintiffs and any other individuals it claims are homosexual.  It further ruled that the story featured in Rolling Stone violated the plaintiffs’ constitutional right to privacy, human dignity and safety.  Accordingly, the three plaintiffs were awarded monetary compensation of USh.1,500,000 each (over £400).fIn October 2010 a Ugandan tabloid newspaper called Rolling Stone published several articles with dozens of names, photographs and home addresses of people it identified as homosexuals.  One headline read: “Hang Them; They are After Our Kids!!!! Pictures of Uganda’s 100 Homos Leak”.  One of the individuals identified by the newspaper, David Kato, was beaten to death with a hammer in his Kampala home on 26 January 2011.

 

In October 2010 a Ugandan tabloid newspaper called Rolling Stone published several articles with dozens of names, photographs and home addresses of people it identified as homosexuals.  One headline read: “Hang Them; They are After Our Kids!!!! Pictures of Uganda’s 100 Homos Leak”.  One of the individuals identified by the newspaper, David Kato, was beaten to death with a hammer in his Kampala home on 26 January 2011.

In late October 2010 three members of Sexual Minority Uganda (SMUG), whose faces had appeared on the cover of Rolling Stone, filed a lawsuit against the newspaper with the High Court of Uganda.  The plaintiffs were David Kato, Jaqueline Kasha and Patience Onziema – all advocates for the rights of sexual minorities in Uganda.  The plaintiffs sought an injunction to stop Rolling Stone from further publication of photographs, names or home addresses of people it identified as homosexual.  The plaintiffs argued that the newspaper’s publication exposed them to threats of violence and hatred violating their right to privacy and their right to life and human dignity.  The newspaper argued that because the plaintiffs had already exposed their sexual orientation online, their right to privacy could not be invoked.  It also argued that the plaintiffs were in breach of Uganda’s penal code, which identifies homosexuality as a criminal offence.

On 1 November 2010 the High Court issued a temporary injunction, ordering the newspaper to stop publishing the names, photographs and home addresses of people it identified as homosexuals.  The High Court issued a permanent injunction in December 2010 ordering Rolling Stone to refrain from further publication of the names, home addresses and photographs of the plaintiffs and any other individuals it claims are homosexual.  It further ruled that the story featured in Rolling Stone violated the plaintiffs’ constitutional right to privacy, human dignity and safety.  Accordingly, the three plaintiffs were awarded monetary compensation of USh.1,500,000 each (over £400).

- “Uganda: Kato Murder Re-ignites Gay Rights Debate”, Joe Opio, IPS, 12 Feb 2011
- “Ugandan gay rights activist murdered weeks after court victory”, Xan Rice, Guardian [UK], 27 Jan 2011
- “Ugandans win damages over anti-gay newspaper article”, Peter Walker, Guardian [UK], 3 Jan 2011
- “Judge orders Ugandan paper to stop publishing 'gay lists', CNN, 2 Nov 2010
- “Ugandan paper ordered to stop printing list of gay people, Xan Rice, Guardian [UK], 1 Nov 2010

- Sexual Minorities Uganda (SMUG): Press Release. Brutal Killing of Ugandan Gay Human Rights Defender, 27 Jan 2011
- Civil Society Coalition on Human Rights and Constitutional Law: [PDF] Civil Society Coalition Welcomes High Court of Uganda's Decision, Calls Upon Government to do More to Protect the Rights of Sexual Minorities, 8 Nov 2010

- [PDF] David Kato et al. v Rolling Stone Ltd., Case No. 163 of 2010, High Court of Uganda, 30 Dec 2010

Article
27 January 2011

Uganda gay rights activist David Kato killed

Author: BBC News

David Kato, a Ugandan gay rights campaigner who sued a local newspaper which outed him as homosexual, has been beaten to death...Uganda's Rolling Stone newspaper published the photographs of several people it said were gay, including Mr Kato, with the headline "Hang them"...police have said there is no connection between Mr Kato's activism and his death...Mr Kato's...Sexual Minorities Uganda (Smug) group said Mr Kato had been receiving death threats since his name, photograph and address were published by Rolling Stone last year...Following a complaint by Mr Kato and three others, a judge in November ordered Rolling Stone to stop publishing the photographs of people it said were homosexual, saying it contravened their right to privacy.

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Article
21 October 2010

Media watchdog condemns Ugandan paper for exposing gays

Author: Alisha Ryu, Voice of America

A Ugandan media watchdog is condemning a local newspaper, which published a story that featured the names, photographs, and contact details of 100 alleged homosexuals and called for them to be hanged...[The Executive secretary of the country's Independent Media Council] says Uganda Rolling Stone...is now being closely monitored...Gay rights activists...say at least four people have been attacked since the publication of the article...homosexuality...is illegal in Uganda...Suspected homosexuals have been named...by a rival tabloid newspaper, Red Pepper. But Ugandans say this is the first time…a media organization has deliberately sought to incite public violence against gays...Uganda Rolling Stone...claimed that homosexuals...were raiding schools, aiming to recruit a million children by 2012. Many gay men and women are said to have gone into hiding...The managing editor of the [newspaper], Giles Muhame, has defended the newspaper's radical anti-gay stance, saying that journalists had a duty to expose…"evil in the Ugandan society."...

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Article
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