Stay off cameras as journalists do their work, judge warns

The Entebbe business man’s face was accidentally captured in an August 2017 news bulletin about a police press conference on mysterious murders of young women in Entebbe, Wakiso District.

“The photograph of the plaintiff was so trivial to be read into the murders and considering the circumstances of the case, this could not be considered to be defamatory and the plaintiff could not have suffered harm to his reputation. This was a case of overzealous litigant trying to make a mountain out of a mould,” the judge ruled. 

“This case should also be a warning to individuals in society who stand in the way of cameras or onsite as journalists do their work of reporting and when captured claim defamation,” Justice Ssekaana warned.

Mr Namayilira’s had contended that during the said bulletin, the local television station had falsely and maliciously, knowingly and with intent to defame him, referred to him by way of his photo as a one Ivan Katongole, one of the suspects alleged to have masterminded the murder of women who police said included prostitutes at Katabi Town Council in Entebbe, Wakiso District.

Mr Allan Mulindwa, Namayilira’s lawyer, had insisted that his client’s case was unique given the contents of the video since it was apparent that the story does not defame Mr Namayilira since it referred to Mr Katongole. 

However, on observation, the lawyer argued that the video, which was played in open court chambers, had the picture his client used in the narrative to describe Mr Katongole.  

Mr Namayilira, who is a fisherman and business community leader at Kasenyi landing site, told Justice Ssekaana that when he reported for work the next day, people were suspicious of him, something unusual.  

He claimed that his wife called and informed him that her relative from the USA was concerned after watching the news.

But the local television lawyers insisted that the image was published by mistake and the name referred to in the murder was Ivan Katongole and not the plaintiff’s.  

They also asked Justice  Ssekaana to dismiss the case, arguing that Mr Namayilira had not produced any witness to show how the bulletin referred, ridiculed or implicated him in the said murders.

Ruling

Justice Ssekaana ruled:  “The DPC of Entebbe called for the conference to relay the information, which the defendant is responsible for, using the wrong identity of the plaintiff in the story as Ivan Katongole. The statements that were broadcast on the television were not false and did not contain any defamatory content or were not intended to lower the plaintiff in the estimation of right-thinking members of society or it never exposed the plaintiff to hatred, ridicule, contempt or to injure his business.” 

While dismissing the case with costs, the judge added: “The publication was a result of insecurity in the area where the police were trying to allay fears and worries of the Entebbe community of the rampant murders. I do not agree with the plaintiff’s submission.”