Press Releases and Announcements

In this case Jean Paul Kayitare, a teacher, complained about a talk show in which students of APACE alleged sexual harassment.
Mr Kayitare argued that the claims of the students against him were not true, and as such, CITY radio was not acting in fairness to give a platform to the students. RMC however found out that Mr Kayitare had been approached for his response to the ac-cusations, but had not satisfactorily responded to the issues raised by the journalist.
Outcome: RMC wrote to Mr Kayitare advising him to seek a right of reply to the accusa-tions made against him on the talk show.

Complainant: Madame INGABIRE Victoire Umuhoza

Defendant: Media Outlets namely Umusingi, Rwanda Paparazzi.com/net and Radio 1.

Complaint: Request to clarify/correct a story that appeared in the above mentioned mediums, especially Umusingi Newspaper Issue no. 91 of 13-22/03/2014

Institution complained to: Rwanda Media Commission (RMC)

I. Summary of the Problem

1. Basing on Article 21 of the Media Law, on 12/01/2014, Madame INGABIRE Victoire Umuhoza wrote to RMC informing it that she requested the following media outlets, Umusingi, Rwanda Paparazzi.com/net and Radio One to correct a story they had published, which tarnished her name and that of her family members.
2. The details of the complaint were reiterated by Ms Ingabire’s legal representative Me Gatera Gashabana in a hearing session during which he appealed to RMC to oblige the said media outlets to accord his client a platform to respond to what was published/broadcast about her. At the same time he requested RMC to help him identify Rwanda Paparazzi.com/net, who they are, in whose interests they work and their legal representatives.
3. Me Gatera Gashabana further said that allegations made in the article published by Umusingi newspaper No. 91 of 13-22/03/2014 tarnished the image of his client and that there was malicious intent in doing so. He observed that Umusingi newspaper obtained prior information that the content of the said story were a result of a conspiracy against Madame Ingabie but it went ahead to publish the story well knowing that there was no truth in it. He says therefore that these media outlets disseminated wrongful information without digging further and in doing so they tarnished the name of Madame Ingabire Victoire Umuhoza and put in peril the lives of her family members.

He further argued that using and depicting a photo of a woman holding a baby on the International Women’s Day and turn it around to claim that the person was caught red handed trying to bewitch the said child, did not only hurt the feelings of Madame Ingabire but it also tarnished her image. In addition, he the lawyer affirmed that saying that his client originates from Gisagara district was not only misleading but it also entailed lying to the public because the client he represents comes from Ngororero district. He said that all the lies and misinformation therein were deliberate and aimed at tarnishing the image and name of Madame Ingabire.

4. Me Gatera observed that in normal circumstances, under the penal code of the Republic of Rwanda, these allegations, which in actual sense are fabricated lies, could mean that Ingabire was involved in acts of criminality, which could amount to murder. He further argues that if indeed Madame Ingabire was caught red handed in the said act as the newspaper alleges, authorities would have immediately apprehended and charged her but it was not the case. Madame Ingabire Victoire Umuhoza was therefore hurt by these allegations and whoever read that story perceived her as a cruel child murderer, which is false.

5. Me Gatera wound up by requesting that his client be given the right to respond (right to correction) and that this should be done using the same means that were used to disseminated the damaging story.
6. In his closing remarks, Me Gatera Gashabana requested that the representatives of the above mentioned news outlets declare their decision making powers in their respective mediums or confirm that they can fully make a decision on behalf of their media houses before the ethics committee so that in future they do not distance themselves from whatever decisions that could be reached by RMC.
7. Ronald Kawera, representing Rwanda Paparazzi, one of the accused parties, was given an opportunity to respond to the charges. He confirmed that he had been accorded the powers by the head of Rwanda Paparazzi.com/net, Mr David Frank but was quick to add that he is not the one who wrote the story. He added that the said story was published when he was outside the country. Asked if in his view the story was damaging as claimed by the complainant, Kawera said that indeed in his view the story was defamatory. RMC wanted to know if he, as a journalist could critic the story and in his response he said that the person who wrote the story published a story without verifying the facts which indeed is against the Code of Ethics which guides journalists in Rwanda. The committee asked him to confirm the source of the story and he said it was carried from Umusingi newspaper but he later changed his statement and said that it was sourced from the website known as imirasire.com, however all this was done when he was out of the country.
8. Rwanda Media Commission again inquired from him on whether he thinks that stating that someone was born cruel and that their emotions are hypocritical in nature, cannot amount to defamation and he indeed said that such statements are damaging.

When asked what his view on what can be done seen since they admit liability, he said that the best alternative is to publish a story retracting the first one and to apologize to the Rwandan readers in general. He said they can also write an apology to Ingabire Victoire Umuhoza.

9. The representative of Radio One Mutabaruka Angelbert was also given an opportunity to respond to the accusations made by Madame Ingabire and he said that the media house he works for cannot issue a correction on a story which they were not the primary source since they carried it from another newspaper.

He further adds that the story was carried from Umusingi newspaper and that on that day they were reviewing the press, hence no offence was committed. Asked if as a journalist he can disseminate any story with a source, even it was false, with no effort to verify it, he said that as long as he attributes the source, he can. He said that that’s exactly what was done and that in his view, Radio 1 did not breach the Code of Ethics in any way.

1. He was asked about what Radio 1 will do after RWANDA Paparazzi admitted to the mistakes in the same story, the representative said that if Rwanda Paparazzi.com/net agrees to publish a story retracting the first one and apologise to Ingabire, they are ready to do the same in a lawful manner. He said they will carry the new story and the apology like they did with the first story.

1. Issues assessed by Rwanda Media Commission

1. Are the issues raised by Me Gatera Gashabana who represents Madame Ingabire Victoire Umuhoza damaging? Is Madame Madame Ingabire willing to use her right to respond as requested in her complaint?
2. Concerning the complaint, Rwanda Media Commision, an independent body charged with media self-regulation, conclude that the story in question is indeed damaging and defamatory in nature and that it violates her privacy as a person. The commission finds that writing about a person and depicting them as sorcerers when it is untrue, and writing that someone was born cruel, and claiming that the said person was found with portions of witchcraft which they intended to use on a child, only for the child to be save by prison guards, and to claim that she inherited the practice of witchcraft from her grandmother who was known for that—all these allegations and more were damaging in nature and they violated her human rights. This also was in violation of the journalistic Code of Ethics.

3. Rwanda Media Commission also finds that the story which was published or disseminated by the accused parties damaged the person of Madame Ingabire and that if there was an effort to dig deeper or even get in touch with the subject, it would have been dropped for that matter but that was not done. This means that by not doing the aforementioned and going ahead to publish such a story is against the law and defames the person of Madame Ingabire Victoire Umuhoza, hence the right of the complainant to be given a right to respond.

1. Decisions of Rwanda Media Commission
2. After consulting and scrutinising further the submissions from all sides concerned by this issue, after assessing the provisions of Article 2 of Media Law n°02/2013 of 08/02/2013 which states that“defamation: intentional false communication, either through oral or written statements, visual elements, photographs or gestures with intention to harm a person’s reputation and respect…,”

The sections that follow explain what defamation is and what the right to respond is. Section 20 of the above mentioned article, and article 21 of the law mentioned above.

5. Based on articles 6, 9, 14 and 20 of the Rwandan Journalists and Media Practitioners Code of Ethics, Rwanda Media Commission made the following resolutions;

6. It was resolved that the story which was published by the aforementioned media outlets and broadcast by Radio 1 in its press review was defamatory in nature and violated the privacy of yayo Madame Ingabire and her family members and that it violates media freedoms and rights as stipulated by the Constitution of the Republic of Rwanda of 04/06/2003 as amended to date, as well as international conventions ratified and observed by Rwanda.

Rwanda Media Commission concurs that what was written about Madame Ingabire Victoire Umuhoza in the newspaper issues highlighted above violated her human rights and rights to privacy, hence the victim is accorded the right to respond or correct the story as stipulated by the law.

ü  For the aforementioned reasons therefore:

7. Rwanda Paparazzi.com/net should publish with immediate effect the response issued by Madame Ingabire Victoire Umuhoza and apologise to the Public. The above mentioned media houses are requested to publish in full the article containing Madame Ingabire Victoire Umuhoza in a similar manner, and on the same page the damaging story was published in issue No. 91 of 13-22/03/2014.

8. The above mentioned media houses are hereby ordered to write to Madame Ingabire Victoire Umuhoza an apology letter apologising and to the general public, indicating that their mistakes and the apology should also be published or aired by the above mentioned mediums.

1. The meeting hereby orders Radio one to explicitly read out Madame Ingabire Victoire Umuhoza’s response as well as the apology which will be issued Rwanda Paparazzi.com/net to Madame Ingabire during the press review which will come after Rwanda Paparazzi.com/net has issued the apology.

2. The committee emphasised that the failure by Umusingi to respond to the summons does not take away culpability and implementing the conditions set above. The resolutions mentioned in here also concern Umusingi newspaper.
3. The Commission agreed that the decisions from this meeting will be communicated to the concerned parties and anyone else who would wish to access them.

As agreed, endorsed and communicated by the Ethics Committee of Rwanda Media Commission (RMC), as of 14/08/2014, in the presence of all parties.

Committee Members

President

Me Mucyo Donatien

Member                                                                                               Member

Bahati Prince                                                                                    Barore Cléophas

Secretary

Me Valéry Musore Gakunzi

Urega: Madame INGABIRE Victoire Umuhoza
Uregwa: Ibitangazamakuru Umusingi, Rwanda Paparazzi.com/net na Radio 1.
Icyo yaregeye: Gusaba ko hakosorwa inkuru yasohotse muri ibyo bitangazamakuru cyane cyane ikinyamakuru Umusingi muri nomero yacyo ya 91 yo kuwa 13-22/03/2014
Urwego rwaregewe : Urwego rw’abanyamakuru bigenzura (RMC)

I. Uko ikibazo giteye muri make
1. Ashingiye ku ingingo ya 21 y’itegeko rigenga itangazamakuru mu Rwanda, ku itariki ya 12/01/2014, Madame INGABIRE Victoire Umuhoza yandikiye RMC ayimenyesha ko yasabye ibitangazamakuru Umusingi, Rwanda Paparazzi.com/net na Radio One ko bakosora inkuru byamwanditseho, imusebya we n’abandi bantu bo mumuryango we.
2. Ibijyanye n’iki kirego ni byo umuhagarariye Me Gatera Gashabana yasubiyemo mu muhango wo kumva (Hearing) asaba ko Urwego rw’abanyamakuru bigenzura rwategeka ibyo bitangazamakuru ko byatangaza Uburenganzira bwo gusubiza bw’uwo ahagarariye kandi urwo rwego rukamufasha kumenya (Idenfification) ya Rwanda Paparazzi.com/net, icyo baricyo, aho bakorera n’ababahagarariye mu rwego rw’amategeko.
3. Me Gatera Gashabana yakomeje avuga ko ibivugwa muri iyo nkuru y’ikinyamakuru Umusingi no yacyo ya 91 yo kuwa 13-22/03/2014 byasebeje uwo ahagarariye kandi ngo birimo n’ubugome bwinshi. Yavuze ko Ikinyamakuru Umusingi cyabonye amakuru avuga ko ibijyanye n’iyo nkuru ari umupango wakorewe Madame Ingabire Umuhoza Victoire ariko ngo kiranga gitangaza iyo nkuru kandi ntakuri kurimo. Ibyo bitangazamakuru rero ngo byatangaje amakuru atari ay’ukuri kandi bidashishoje bityo ngo izo nkuru z’ibinyoma zikaba zarasebeje Madame Ingabire Victoire Umuhoza ndetse gisesereza ubuzima bwite b’wabantu bo mumuryango we. Avuga ko ngo gufata ifoto y’umuntu w’umudamu wafashe umwana ku munsi mpuzamahanaga w’abagore ukayihindura ikimenyetso cyo gufatirwa mu cyuho agiye kuroga uwo mwana yari afashe byababaje Madamu Ingabire ngo kandi biramusebya. Yakomeje ashimangira ngo nko kuvuga ko akomoka Gisagara atari ukuri ngo kubera ko uwo ahagarariye akomoka Ngororero. Ibi byose byo kubeshya n’aho akomoka bikaba byarakozwe mu rwego rwo kumusebya gusa kandi bigambiriwe.
4. Me Gatera yavuze ko ubundi mu mategeko ahana ibyaha mu Rwanda, icyo Ingabire yashinjwe kandi abeshyerwa ari ubwinjiracyaha mu bwicanyi ngo kandi ari ikinyoma. Ubundi bene ibyo byaha bifatiwe mu cyuho nkuko umunyamakuru abyandika bikurikirwanwa ako kanya ngo ku buryo iyo bijya kuba ari ukuri Madamu Ingabire Victoire Umuhoza aba yarahise akurikiranwa ako kanya. Ibi rero byababaje Madamu Ingabire ngo kandi abantu bose basomye iyo nkuru bahise batekereza ko ari umugome wica abana ngo kandi atari byo.
5. Me Gatera asoza asaba ko yabona droit de réponse maze uwo ahagarariye akemererwa kuyikora mu buryo bwakoreshejwe hatangazwa iyo nkuru.
6. Yashoje asaba ko abahagarariye abaregwa (Ibitangazamakuru) basobanura neza ububasha bahabwa n’ababatumye ngo kugira ngo ejo batazihakana ibyo byemezo biramutse bifashwe na RMC.
7. Ronald Kawera, uhagarariye Rwanda Paparazzi (Uregwa), nawe yahawe ijambo ngo yiregure maze avuga ko we yahawe ububasha n’umuyobozi wa Rwanda Paparazzi.com/net bwana David Frank ngo ariko atari we wanditse iyo nkuru ngo inatangazwa we yari hanze y’igihugu (mu mahanga). Abajijwe niba abona iriya nkuru isebeje nkuko urega ashimangira asubiza ko nawe abona ko isebeje. RMC yashatse kumenya nawe nk’umunyamakuru icyo yanenga iyo nkuru maze asubiza ko uwayanditse yatangaje inkuru atazi ukuri kwayo ngo bityo nawe abona binyuranye n’amahame agenga itangazamakuru mu Rwanda. Inteko yanamubajije aho iyo nkuru bayikomoye avuga ko source ari Umusingi nyuma azakwisubiraho avuga ko bayikuye kugitangaza makuru ( Website) imirasire.com, ariko ibi byose avuga ko byanditswe atari mu Rwanda.
8. Urwego rw’abanyamakuru bigenzura rwamubajije niba yumva kuvuga ko umuntu yavukanye ubugome, ngo agira imbabazi za Nyirarureshwa yumva bidasebeje maze asubiza ko nawe yumva ko bisebeje. Abajijwe icyo yumva yakora nyuma yokwemera amakosa, asubiza ko batanganza inkuru ivuguruza kandi ngo bagasaba imbabazi abanyarwanda (Abasomyi) maze bakandikira Madame Ingabire Victoire Umuhoza ibaruwa imusaba Imbabazi.
9. Ijambo ryahawe uhagarariye Radio One yariyahagariwe na bwana Mutabaruka Angelbert mu kuwiregura ku birego bya Madame Ingabire maze avuga ko igitamgazamakuru akorera batakosora inkuru basomye ngo kubera ko ataribo première source. Akomeza avuga ko iyo nkuru bayikuye mukinyamakuru Umusingi ngo kandi uwo munsi basomaga Revue de Presse banasomye uwayanditse bityo ngo bo bumva ntakosa bakoze mugutangaza iyo nkuru. Abajijwe niba nk’umunyamakuru atangaza inkuru yose ifite source nubwo yaba atari ukuri adashatse kumenya ukuri kwayo maze asubiza ko ngo apfa kuba yatangaje aho yayivanye ngo kandi n’amahire ko uwayanditse adahakana ko yayanditse koko ngo akaba yumva ntaho Radio1 yatatiriye amategeko agenga itangaza makuru mu Rwanda.

10. Ku bijyanye n’icyo Radio 1 yakora nyuma yo kumva RWANDA Paparazzi yemera ko yakoze amakosa nawe asubiza ko ngo icyo bakora ni icyo basubije Madamu Ingabire Victoire Umuhoza ngo igihe cyose Rwanda paparazzi.com/net yakosora iyo nkuru na Radio1 yiteguye kuyitangaza nkuko yabitangaje mbere ngo kugira ngo binyure mu nzira amategeko yemera.
I. Ibibazo byasuzumwe n’urwego rw’Abanayamakuru bigenzura

11. Ese ibivugwa na Me Gatera Gashabana uhagarariye Madame Ingabire Victoire Umuhoza birasebeje koko? Ese madame ingabire yakwemererwa uburenganzira bwo gusubiza nk’uko yayisabye mu kirego cye?
12. Ku bijyanye n’iki kirego, Urwego rw’abanyamakuru bigenzura rurasanga iyi nkuru isebeje koko kandi isesereza ubuzima bwite bwa Madame Ingabire Victoire Umuhoza. Uru rwego rurasanga kwandika ko umuntu ari umurozi, kandi atari ukuri, kwandika ngo umuntu yavukanye ubugome, yafatanywe agapfunyika k’uburozi agiye kuroga umwana muto ngo ateshwa n’abacungagereza, kuvuga ko ngo na Nyirakuru yari azwiho uwo mwuga, ibi byose bisebeje kandi binyuranye n’uburenganzira bwa Madame Ingabire Victoire Umuhoza kandi byishe amategeko agenga itangazamakuru mu Rwanda.

13. Urwego rw’abanyamakuru bigenzura ruvuga ko iyi nkuru yanditswe cyangwa yatangajwe n’abaregwa yarasebeje Madame Ingabire ko iyo ijya gutohozwa mbere cyangwa nyir’ubwite akayibazwaho, itari gutangazwa. Ibi bivuze ko kurenga kuri ibyo hagatangazwa inkuru nkiyi ivugwa byishe amategeko kandi bisebeje Madamu Ingabire Victoire Umuhoza, bityo akaba ari uburenganzira bw’uregwa bwo gusubiza.

II. Icyemezo cy’Urwego rw’Abanayamakuru bigenzura
14. Nyuma yo kwiherera no gusuzuma ibivugwa na buri ruhande rurebwa n’iki kibazo, Urwego rumaze kujya, impaka ku biteganywa n’ ingingo ya 2 agace kayo ka mbere k’itegeko n°02/2013 ryo kuwa 08/02/2013 rigenga itangazamakuru igira iti “gusebanya: uburyo bwo gukoresha amagambo, inyandiko, amashusho, ururimi rw’amarenga cyangwa amafoto bitari ukuri hagamijwe gutesha umuntu agaciro n’icyubahiro…”; akace kagasobanura icyo uburenganzira bwo gusubiza aricyo, agace ka 20 byose k’iyo ngingo, ingingo ya 21 y’iryo tegeko ryavuzwe haruguru;

15. Urwego rw’abanyamakuru bigenzura rushingiye ku ingingo ya 6, 9, 14 na 20 z’amahame ndanga myitwarire agenga abanyamakuru, abandi banyamwuga b’itangazamakuru n’umwuga w’itangazamakuru mu Rwanda; yemeje ibi bikurikira:
16. Yemejo ko inkuru yanditswe n’ibitanganzamakuru biregwa ndetse igasomwa na Radio 1 muri Revue de la Presse yayo yo isebeje kandi irengera ku ubuzima bwite bwa Madame Ingabire n’abagize umuryango we kandi ikaba inyuranye n’Ubwisanzure bw’itangazamakuru buteganywa mu Itegeko-Nshinga rya Repubulika y’u Rwanda ryo kuwa 04/06/2003 nk’uko ryavuguruwe kugeza ubu, n’amasezerano Mpuzamahanga u Rwanda rwashyizeho umukono kandi akurikizwa mu Rwanda. Urwego rw’abanyamakuru bigenzura ruremeza ko ibyanditswe kuri Madame Ingabire Victoire Umuhoza muri nomero yavuzwe haruguru byahungabanyije uburenganzira bwe nk’ umuntu (atteinte à l’honneur, à la dignité et à la vie privée) akaba ari yo mpamvu yemerewe Uburenganzira bwo kuyisubiza nkuko yayisabye kandi n’amategeko abimwemerera.

 Ku bw’iyo mpamvu inteko itegetse ibi bikurikira:
17. Rwanda Paparazzi.com/net gutangaza inkuru ijyanye no gusubiza ( reply) ya Madame Ingabire Victoire Umuhoza maze bagasaba n’imbabazi abasomyi ( Public), Ibitangazamakuru bikaba bitegetswe gutangaza inyandiko ijyanye n’uburenganzira bwo gusubiza ya Madame Ingabire Victoire Umuhoza mu buryo ndetse no kuri page yanditsweho ya nkuru imusebya muri ya numero ya 91 yo kuwa 13-22/03/2014.
18. Bategetswe kandi kwandikira Madame Ingabire Victoire Umuhoza ibarwa imusaba imbabazi n’abandi basomyi ko bamubeshyeye kandi iyo baruwa nayo igatangazwa mu bitangazamakuru byavuzwe.
1. Inama na none itegetse Radio one kuzasoma iyo nyandiko (droit de réponse) ya Madame Ingabire Victoire Umuhoza kimwe n’iyo baruwa Rwanda Paparazzi.com/net izandika isaba Madamu Ingabire imbazi muri Revue de la presse izakurikira itangazwa ry’iyo reply izatakorwa na Rwanda Paparazzi.com/net.
2. Inama yashimangiye ko kuba Ikinyamakuru Umusingi kititabye bitakibuza gufatirwa ibyemezo kandi ko ibikubiye muri iki cyemezo cyo bikireba.
3. Urwego rwemeje ko ibi byemezo bizashyikirizwa abo bireba n’abakozi ba RMC kandi bigashyikirizwa ubishatse wese.
Ni uko byemeje kandi bisomwe n’inteko isuzuma imyitwarire mu Rwego rw’abanyamakuru bigenga (RMC) none kuwa 14/08/2014, abarebwa n’iki kibazo bahari bose.
Inteko igizwe na:
Président
Me Mucyo Donatien
Membre Membre
Bahati Prince Barore Cléophas

Umwanditsi
Me Valéry Musore Gakunzi