Social Media Content is Copyrighted, Uganda's High Court Rules

In a significant decision, the Commercial Division of the High Court in Uganda has affirmed that original content shared on social media platforms is protected by copyright.

This ruling came after lawyer and digital content creator Silver Kayondo sued Monitor Publications Limited and its affiliate, NTV Uganda. Kayondo alleged that his social media post from August 2023, discussing the World Bank and Uganda, was reproduced, altered, and inaccurately attributed in a September 2023 news article without his consent.

Justice Dr. Ginamia Melody Ngwatu found the media outlets liable for copyright infringement, false attribution, and misrepresentation. The court awarded Kayondo Shs 165 million in general damages and Shs 20 million in aggravated damages.

The court’s reasoning highlighted that once ideas are expressed in a tangible form, like social media posts, they qualify for copyright protection. Justice Ngwatu determined that the defendants had access to Kayondo’s work, copied it, and made alterations that changed the meaning and potentially harmed his reputation. A minor change in wording, for example, significantly altered the message compared to the original post on X (formerly Twitter).

While the law permits fair use for reporting current events, the court clarified that this defence does not cover inaccurate quotations or distortions that damage an author’s reputation. The judgment also underscored the journalists’ legal obligation to ensure accuracy in their reporting, noting that even seemingly small changes can have substantial consequences.

This ruling is expected to have a considerable impact on how journalists, media organizations, and digital content creators handle online material, reinforcing the importance of respecting intellectual property rights in the digital space.

Source: https://observer.ug/news/social-media-posts-protected-by-copyright-high-court-rules