DENIVA Pushes for Stricter Laws on Sextortion in Sexual Offences Bill, 2024

The committee continues to deliberate on the proposed amendments as stakeholders weigh in on balancing legal protections with personal freedoms and artistic expression.

The Development Network of Indigenous Associations (DENIVA) has urged Parliament to implement stringent measures against individuals involved in sextortion and the unauthorized sharing of explicit content. This call was made during a joint session of the Committees on Legal and Parliamentary Affairs and Gender, Labour, and Social Development, where DENIVA presented its recommendations for the Sexual Offences Bill, 2024.

Peter Magelah, DENIVA’s Executive Director, emphasized the need for legal frameworks to address sextortion—the act of threatening to publish or actually distributing explicit materials for financial or other gains. “Parliament should enact a law to criminalize sextortion. Any person involved in such acts should face prosecution and, upon conviction, be liable to a fine not exceeding 500 currency points or imprisonment for up to five years, or both,” Magelah stated.

Magelah also advocated for similar penalties for individuals found guilty of recording, viewing, and sharing images or videos of people's nudity without consent. “In Uganda, it has become increasingly common, especially during artistic performances, where people record women’s underwear and disseminate it online and in newspapers without their consent,” he noted.

Additionally, DENIVA proposed amendments to the Bill that would require the consent of the Directorate of Public Prosecution (DPP) before prosecuting cases of incest. Magelah highlighted the sensitive nature of such cases, stressing that “the impact on families and the potential social and psychological consequences necessitate a higher level of consideration before prosecution.”

However, the proposals were met with mixed reactions from members of the committee. Bugiri Municipality MP, Hon. Asuman Basalirwa, who chaired the session, expressed reservations about criminalizing the viewing or recording of nudity during public performances. “Criminalizing people for viewing nudity during performances is unfair. Some female artistes should also take responsibility, as they often appear almost undressed,” Basalirwa argued, citing an interview with local artiste Sheebah Kalungi, who openly stated she would be ‘naked’ at a concert.

Erute South County MP, Hon. Jonathan Odur, echoed similar sentiments. “Why do you want to criminalize viewing? Why are you stretching the criminal net so wide?” Odur questioned.

The Sexual Offences Bill, 2024, introduced by Soroti District Woman Representative Hon. Anna Adeke, aims to consolidate various sexual offence laws scattered across different pieces of legislation. Adeke emphasized the need to modernize Uganda’s legal response to evolving sexual offences and adopt international best practices in preventing sexual violence.

“The bill seeks to review and update the sexual offences outlined in the Penal Code Act Cap. 128 to address new forms of sexual violence and exploitation, provide for stricter punishments for offenders, and introduce new offences to tackle emerging social vices contributing to sexual violence in Uganda,” Adeke explained.

The committee continues to deliberate on the proposed amendments as stakeholders weigh in on balancing legal protections with personal freedoms and artistic expression.