Desire Luzinda, Boyfriend and Media, Who Breached The Anti-Pornography Law?

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Last week on Friday, Singer Desire Luzinda’s nude pictures were made public leaving individuals, families and communities exposed to the dangers of pornography. This puts the singer at risk of facing not less than seven years in jail.

The Anti-Pornography Act which was made a law on 6 February 2014 by President Yoweri Museveni, seeks to create the offence of pornography which has become an insidious social problem.

The Minister of State for Ethics, Hon. Fr. Simon Lokodo refers to Pornography as “anything in disrespect of the human body”. The Minsiter has also said that anyone found sharing or looking at Desire Luzinda’s nude pics or any other, will face a fine of 50million.

The nudes of the curvy singer which show her exposing/touching her private parts in a seductive manner have gone viral on social media since late last week. Some of the pictures show her fully naked and lying down on the bed.

The pictures were posted on Facebook by her Nigerian boyfriend identified as Franklin Emuobor Ebenhron, whom the singer accused of conning her. He also released a sex-tape of three minutes and vowed to unleashed more.

The publication of these pictures breached the Uganda Anti-Pornography Law.

The Anti-pornography Law defines pornography as any cultural practice, form of behavior or form of communication or speech or information or literature or publication in whole or in part or news story or entertainment or stage play or broadcast or music or dance or art or graphic or picture or photography or video recording or leisure activity or show or exhibition.

It also prohibits any combination of the preceding that depicts unclothed or under clothed parts of the human body such as breasts, thighs, buttocks and genitalia, a person engaged in explicit sexual activities or conduct; erotic behaviour intended to cause sexual excitement and any indecent act or behaviour tending to corrupt morals.

The act says any person who publishes or broadcasts any form of pornography has committed an offence and is liable to a fine or prison.

“A person who produces or participates in the production of, or traffics in, publishes, broadcasts, procures, imports, exports or in any way abets pornography contrary to the act, commits an offence and is liable, on conviction, to a fine not exceeding five hundred currency points or imprisonment not exceeding ten years or both.”

Desire Luzinda

The fact that Desire Luzinda’s photos were accessed to the public is an offense before the law. These photos are considered porn elements pose as a danger to individuals, families and communities.

If arrested and found guilty, the bootylicious singer could go to Luzira Prison for years not exceeding ten because she participated in nude pictures which are considered pornography.

However, she claims to have been betrayed by a man she trusted with her love, body care and compassion. Desire Luzinda told herfriends that she was shocked “by this man’s betrayal because this is the least I expected from someone I wholly gave my heart.”

Media 

Even though Desire Luzinda could be the victim in this act, all the media houses that have published the nude photos have also breached the law.

The act defines broadcast of pornography as: “means to put out information or make information available to the public or a person through any electronic medium.”

Desire’s nudes have been trending on social media since last week and several of the local newspapers have published the same pictures as their headlines.

Section 1 of the act as condemns any media house or individual or company or internet-content-developer that uploads pornographic material on internet. “internet-content-developer” means a person, individual or corporate, who produces and uploads or causes to be uploaded on the internet, any matter.

Section 17 (2) of the act states that an internet service provider (ISP) has committed an offence “Where a publisher or broadcaster or internet-content-developer or dealer in telephone-related business or ISP commits an offence under section (1), the court convicting that person may, for a subsequent offence, by order suspend the business.”

Any person who fails to comply with the order is liable to conviction to a fine not exceeding two hundred and fifty currency points or imprisonment not exceeding five years or both.

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