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Title: THE IMPORTANCE OF REVIEWING COLONIAL SYLLABUSES IN LAW

SCHOOLS FOR LLB PROGRAMS

ISAAC CHRISTOPHER LUBOGO

Find more at www.lubogo.org and suigenerislawapp.com


EDUCATION IS THE PASSPORT TO THE FUTURE, FOR TOMORROW BELONGS TO THOSE WHO PREPARE
FOR IT TODAY (Malcom X)

Introduction:

Legal education plays a crucial role in shaping the future legal professionals of a nation. In many African
countries, the legal education system still bears the remnants of the colonial era, where syllabuses and
curricula were primarily designed by former colonial powers. This article highlights the need to review
and synchronize colonial syllabuses with current jurisprudence while accommodating traditional African
legal education. By doing so, the aim is to enhance and improve the African education system and address
the problems associated with dependence on colonial education.

NO NEED TO PANIC:

The National Council for Higher Education (NCHE) of Uganda is a government agency established in 2011
under the Ministry of Education and Sports. Its primary purpose is to regulate and oversee higher
education in Uganda. The NCHE is responsible for accreditation, quality assurance, curriculum
development, research promotion, coordination, and student support. By setting standards, ensuring
quality, and fostering collaboration, the council aims to enhance the quality of higher education and
contribute to Uganda's socioeconomic development.
The University of Cambridge collaborates with the National Council for Higher Education (NCHE) in Uganda
to facilitate the admission of students into recognized programs. It is important to note that once a
program expires, students who have completed or have been enrolled in that program for more than two
years may face limitations in their academic pursuits, not only at the University of Cambridge but
potentially across Europe. The University, being responsible for managing the higher education system
throughout Europe, adheres to these regulations.

For students who have graduated from an expired program or have spent more than two years enrolled
in such a program according to the NCHE guidelines, it becomes necessary to follow the prescribed
procedures outlined by the NCHE, the Ministry of Education and Sports, and the University itself in order
to seek approval for their courses. Failure to obtain approval may render their educational transcripts
invalid, thus hindering their prospects for further education or employment in Europe. It is worth noting
that similar systems may also apply in other parts of the world, including North America.

However, it is important to clarify that the University of Cambridge is not directly responsible for the
specific procedures involved in approving expired courses or educational transcripts. These procedures
are organized by the relevant parties mentioned earlier. Consequently, it is incumbent upon the student
or their respective educational institution to coordinate and liaise with all parties involved to ensure a
successful resolution.

In light of the challenges posed by this situation, students facing these circumstances have a couple of
options to consider.

1.Firstly, they may choose to undertake a personalized, private program approval process involving the
relevant entities such as the NCHE, the educational institution offering the expired program, the Ministry
of Education and Sports, an accredited law firm, and others as required.

2.Alternatively, students may also contemplate repeating their education level by enrolling in an updated
or active course to address the issue effectively.

It is crucial for affected students to carefully consider the implications of their situation and make
informed decisions based on the available options. Proper adherence to the outlined procedures,
collaboration with the involved parties, and a proactive approach will greatly contribute to a successful
resolution.

The next page is a document from the National Council for Higher Education (NCHE) to University of
Cambridge containing a comprehensive list of expired programs offered in Uganda. This list, which was
last updated on the 20th of May, 2023, includes information on the programs that have exceeded their
validity period and the respective institutions offering them. As part of our commitment to upholding
academic standards and compliance, the University acknowledges the importance of being informed
about these expired programs in order to make informed decisions regarding admissions and educational
qualifications.

REVIEW OF THE ABOVE

The text provides an overview of the National Council for Higher Education (NCHE) in Uganda and its role
in regulating and overseeing higher education in the country. The NCHE is responsible for various aspects
of higher education, including accreditation, quality assurance, curriculum development, research
promotion, coordination, and student support. Its aim is to enhance the quality of higher education and
contribute to Uganda's socioeconomic development.

The text also mentions the collaboration between the University of Cambridge and the NCHE in Uganda.
This collaboration facilitates the admission of students into recognized programs. It is important to note
that once a program expires, students who have completed or have been enrolled in that program for
more than two years may face limitations in their academic pursuits, not only at the University of
Cambridge but potentially across Europe. The University adheres to these regulations as it manages the
higher education system throughout Europe.

For students who have graduated from an expired program or have spent more than two years enrolled
in such a program, the text emphasizes the need to follow the prescribed procedures outlined by the
NCHE, the Ministry of Education and Sports, and the University itself in order to seek approval for their
courses. Failure to obtain approval may render their educational transcripts invalid, hindering their
prospects for further education or employment in Europe. The text also mentions that similar systems
may apply in other parts of the world, including North America.

However, it clarifies that the University of Cambridge is not directly responsible for the specific procedures
involved in approving expired courses or educational transcripts. These procedures are organized by the
relevant parties mentioned earlier. The responsibility falls on the student or their respective educational
institution to coordinate and liaise with all parties involved for a successful resolution.

In light of the challenges faced by students in this situation, the text presents two options. Firstly, students
may undertake a personalized, private program approval process involving the relevant entities such as
the NCHE, the educational institution offering the expired program, the Ministry of Education and Sports,
an accredited law firm, and others as required. Secondly, students may consider repeating their education
level by enrolling in an updated or active course to address the issue effectively.

The text emphasizes the importance of affected students carefully considering the implications of their
situation and making informed decisions based on the available options. It highlights the need for proper
adherence to the outlined procedures, collaboration with the involved parties, and a proactive approach
to achieve a successful resolution.

Finally, the text mentions that a comprehensive list of expired programs offered in Uganda is provided to
the University of Cambridge by the NCHE. This list is regularly updated and includes information on
programs that have exceeded their validity period and the respective institutions offering them. The
University acknowledges the importance of being informed about these expired programs to make
informed decisions regarding admissions and educational qualifications, demonstrating its commitment
to upholding academic standards and compliance.

Overall, the text provides a clear explanation of the role of the NCHE in Uganda, the implications of expired
programs on students' academic pursuits, the procedures involved in seeking approval, and the options
available to affected students. It emphasizes the need for careful consideration, adherence to procedures,
and collaboration with the relevant parties for a successful resolution. The mention of the University of
Cambridge's collaboration and its commitment to upholding academic standards adds credibility to the
information presented.

The text presents several important points regarding the applicability of the information in the context of
higher learning institutions in Uganda. Let's review them:

1. Role of the National Council for Higher Education (NCHE): The text highlights that the NCHE is a
government agency responsible for regulating and overseeing higher education in Uganda. It performs
functions such as accreditation, quality assurance, curriculum development, research promotion,
coordination, and student support. This information is significant as it establishes the authority and
responsibilities of the NCHE in the Ugandan higher education system.

2. Collaboration with the University of Cambridge: The text mentions a collaboration between the NCHE
and the University of Cambridge to facilitate the admission of students into recognized programs. This
collaboration indicates that the University of Cambridge recognizes the regulations and standards set by
the NCHE, implying that the NCHE's guidelines may have implications for students seeking admission to
international institutions. It emphasizes the importance of adhering to these regulations to avoid
limitations in academic pursuits, not just at Cambridge but potentially across Europe.

3. Implications of expired programs: The text states that once a program expires, students who have
completed or been enrolled in that program for more than two years may face limitations in their
academic pursuits. It is noteworthy that these limitations may not only apply to the University of
Cambridge but could also affect prospects for further education or employment in Europe and potentially
other parts of the world, including North America. This information highlights the potential consequences
of studying in expired programs and the importance of addressing the issue.

4. Procedures for seeking approval: The text emphasizes that students who have graduated from an
expired program or have spent more than two years enrolled in such a program need to follow prescribed
procedures outlined by the NCHE, the Ministry of Education and Sports, and the University itself. These
procedures need to be coordinated with all parties involved to obtain approval for their courses. Failure
to obtain approval may render educational transcripts invalid. This information underscores the necessity
of following the established procedures to ensure the validity of educational qualifications.

5. Options for affected students: The text presents two options for students facing the issue of expired
programs. Firstly, they can undertake a personalized, private program approval process involving the
relevant entities such as the NCHE, the educational institution offering the expired program, the Ministry
of Education and Sports, an accredited law firm, and others as required. Secondly, they may consider
repeating their education level by enrolling in an updated or active course. These options provide
potential paths for students to address the issue effectively.

6. Considerations and proactive approach: The text emphasizes that affected students should carefully
consider the implications of their situation and make informed decisions based on the available options.
It highlights the importance of proper adherence to procedures, collaboration with the involved parties,
and a proactive approach to resolve the issue successfully. This information encourages students to take
responsibility and actively engage in the process to secure a favorable outcome.

7. Availability of a comprehensive list of expired programs: The text mentions that the NCHE provides the
University of Cambridge with a comprehensive list of expired programs offered in Uganda. This list is
regularly updated and contains information about the programs that have exceeded their validity period
and the institutions offering them. This demonstrates the commitment of both the NCHE and the
University of Cambridge to upholding academic standards and compliance.

In conclusion, the text raises several crucial points regarding the applicability of the information to higher
learning institutions in Uganda. It highlights the role of the NCHE, the implications of expired programs,
the procedures for seeking approval, available options for affected students, the importance of careful
consideration and proactive approach, and the provision of a comprehensive list of expired programs.
These points provide valuable insights for higher learning institutions in Uganda to navigate issues related
to expired programs and maintain academic standards.

8. Regulatory framework: The text establishes that the National Council for Higher Education (NCHE)
operates within a regulatory framework set by the Ministry of Education and Sports. This indicates that
the NCHE's activities and guidelines align with the broader regulations and policies of the Ugandan
government. It underscores the legal basis and authority of the NCHE in overseeing higher education in
the country.

9. Validity period of programs: The text mentions that programs have a validity period, and once they
expire, students may face limitations. This information highlights the importance of being aware of
program expiration dates to ensure timely completion and avoid potential complications in the future. It
emphasizes the need for students to monitor the validity of their chosen programs and plan their
academic journeys accordingly.

10. Collaboration with other institutions: While the text specifically mentions the collaboration between
the NCHE and the University of Cambridge, it also indicates that similar systems and regulations may apply
in other parts of the world, including North America. This suggests that students and educational
institutions outside of Europe and Uganda should also be mindful of program expiration and the potential
impact on their educational qualifications.

11. Role of educational institutions: The text clarifies that the University of Cambridge, or any other
international institution, is not directly responsible for the approval procedures of expired programs or
educational transcripts. It emphasizes that it is the responsibility of the student or their respective
educational institution to coordinate and liaise with the relevant parties. This information highlights the
need for students and their institutions to take an active role in resolving issues related to expired
programs.

12. Importance of informed decisions: The text emphasizes the significance of affected students making
informed decisions based on the available options. It underscores the need for careful consideration of
the implications and potential consequences of their situation. This information stresses the importance
of thorough research, seeking advice from relevant authorities, and understanding the potential
outcomes before deciding on a course of action.

13. Compliance with academic standards: The text indicates that the University of Cambridge
acknowledges the importance of being informed about expired programs to uphold academic standards
and compliance. This demonstrates the commitment of the University to ensure that admissions and
educational qualifications meet the required standards. It highlights the broader importance of
maintaining academic integrity and adhering to recognized standards in higher education.

These additional points further contribute to the understanding of the implications, responsibilities, and
considerations related to expired programs and the collaborative efforts required between students,
educational institutions, and regulatory bodies to address such issues effectively.

The specific practice of setting validity periods for programs and the associated consequences for students
who have completed or been enrolled in expired programs may vary from country to country. While the
text mentions that similar systems may apply in other parts of the world, including North America, it does
not provide specific details about the prevalence or exact practices in different regions.

It is important to note that educational systems and regulations vary significantly across countries and
even within regions. Each country or jurisdiction may have its own policies and procedures regarding
program validity, accreditation, and recognition of qualifications. Therefore, it is essential for students
and educational institutions to familiarize themselves with the specific regulations and guidelines in their
respective countries or the countries where they seek to pursue further education or employment.
To gain a comprehensive understanding of common practices worldwide, it would be advisable to
research and consult resources specific to the desired region or countries of interest. This may include
exploring government websites, educational authorities, or international credential evaluation services
that provide information on academic recognition and the acceptance of qualifications from different
educational systems.

In summary, while the concept of program expiration and its impact on educational qualifications may
exist in various countries, it is crucial to conduct country-specific research to determine the common
practices and regulations in the specific region of interest.

Based on the information provided in the text, it appears that the National Council for Higher Education
(NCHE) of Uganda does not explicitly state that Ugandan universities or higher institutions licensed by
them are outdated or expired. Instead, the text suggests that the issue arises when students have
completed or been enrolled in specific programs offered by these institutions that have exceeded their
validity period.

The collaboration between the NCHE and the University of Cambridge, as mentioned in the text, pertains
to the admission of students into recognized programs. It is important to note that the University of
Cambridge, as an internationally renowned institution, may have its own standards and recognition
criteria for programs from different countries.

While the text does not provide specific examples, it implies that the University of Cambridge, being
responsible for managing the higher education system throughout Europe, adheres to certain regulations
and standards. If a program offered by a Ugandan institution is considered expired or not recognized by
the University of Cambridge or other European institutions, it may result in limitations for students
seeking admission to those institutions.

It is worth mentioning that the recognition and acceptance of qualifications from different educational
institutions vary across countries and institutions. The University of Cambridge, or any other international
institution, may have its own criteria for evaluating and accepting qualifications from foreign institutions.
These criteria may consider factors such as accreditation, program quality, curriculum alignment, and
other relevant indicators.

To provide specific examples, one could consider the scenario where a student from a Ugandan institution
completed a program that is recognized and accredited by the NCHE within Uganda. In this case, the
qualification may hold value within Uganda and be acceptable for further education or employment
opportunities within the country. However, if the same student seeks admission to the University of
Cambridge or another European institution, the program's expiration or lack of recognition by the
University of Cambridge may pose challenges, and the student may need to follow additional procedures
or pursue alternative pathways for admission.

It is important to consult official sources, such as the NCHE and the University of Cambridge, or seek
guidance from educational authorities or international credential evaluation services for detailed and
accurate information on specific recognition criteria and the acceptance of qualifications from Ugandan
institutions by international universities.

ISSUES TO LOOK OUT FOR

1. Addressing Outdated Curricula:

Colonial syllabuses often fail to keep pace with contemporary legal developments, including shifts in
jurisprudential theories and emerging legal issues. Reviewing and updating the curricula ensures that law
students are equipped with the necessary knowledge and skills to navigate modern legal challenges. This
includes incorporating recent court decisions, legislative developments, and international legal
obligations into the syllabus.

2. Reflecting African Jurisprudence:

While it is crucial to stay updated with global legal trends, it is equally important to recognize and
accommodate the rich and diverse African legal traditions and practices. Integrating traditional African
legal education into the syllabus can help foster a more inclusive and culturally sensitive legal system. It
enables students to appreciate the unique legal perspectives, customary laws, and indigenous dispute
resolution mechanisms that form an integral part of Africa's legal heritage.

3. Promoting Legal Pluralism:

Africa is a continent with diverse legal systems, including both formal statutory laws and customary laws.
Embracing legal pluralism in the law school syllabuses recognizes and acknowledges the coexistence of
multiple legal frameworks. By incorporating elements of both common law and African customary law,
law schools can produce graduates who are well-versed in both systems, enhancing their ability to serve
diverse communities and contribute to the development of the legal profession.

4. Empowering Local Communities:


Dependence on colonial education systems can perpetuate a sense of inferiority and detachment from
local cultures and knowledge systems. By incorporating traditional African legal education into the
syllabuses, law schools can empower local communities and strengthen their cultural identity. This
integration facilitates a more inclusive legal education that resonates with the needs and aspirations of
African societies, ultimately producing legal professionals who are better equipped to serve their
communities.

5. Nurturing Critical Thinking and Legal Innovation:

Reviewing and synchronizing colonial syllabuses with current jurisprudence provides an opportunity to
foster critical thinking and legal innovation. By encouraging students to question established legal
principles, engage in comparative legal studies, and analyze legal frameworks critically, law schools can
nurture a generation of legal professionals who are not bound by rigid dogmas but are capable of adapting
to the evolving legal landscape.

Reviewing colonial syllabuses in law schools for LLB programs is a crucial step towards enhancing and
bettering the African education system. Synchronizing them with current jurisprudence while
accommodating traditional African legal education fosters a more comprehensive, inclusive, and culturally
sensitive legal education. By addressing the problem of African countries depending solely on colonial
education systems, law schools can produce graduates who are better prepared to navigate the
complexities of contemporary legal issues, serve their communities, and contribute to the development
of a robust African legal system.

6. Advancing Indigenous Legal Systems: Incorporating traditional African legal education into law school
syllabuses not only acknowledges the importance of indigenous legal systems but also provides an
opportunity to revitalize and preserve these systems. By studying and understanding traditional African
legal principles, law students can contribute to the revitalization and recognition of indigenous legal
systems, ensuring their continued relevance and protection.

7. Empowering Local Legal Professionals: Reviewing colonial syllabuses and incorporating traditional
African legal education can help empower local legal professionals to address the unique legal challenges
faced by their communities. By equipping them with the knowledge and skills grounded in local legal
traditions, law schools can produce graduates who are better positioned to serve as advocates, mediators,
and legal advisors within their own cultural contexts.

8. Enhancing Legal Research and Development: Updating and synchronizing syllabuses with current
jurisprudence encourages legal research and development within African countries. It creates
opportunities for scholars and practitioners to engage in cutting-edge legal research, contribute to legal
scholarship, and develop innovative legal solutions that are contextually relevant to the African continent.

9. Promoting Social and Economic Development: By incorporating aspects of traditional African legal
education into law school curricula, students can gain a broader understanding of the social, economic,
and historical contexts that shape legal systems in Africa. This holistic approach to legal education can
contribute to the development of well-rounded legal professionals who are not only skilled in legal
analysis but also equipped to address broader social and economic issues affecting their communities.

10. Encouraging Legal Innovation and Adaptation: Reviewing colonial syllabuses provides an opportunity
to encourage legal innovation and adaptability. By recognizing the limitations of outdated curricula and
embracing emerging legal trends, law schools can foster a culture of innovation, critical thinking, and
problem-solving among students. This prepares them to navigate the evolving legal landscape and
respond effectively to emerging legal challenges.

11. Promoting Global Perspectives: While the focus is on incorporating traditional African legal education,
it is equally important to maintain a global perspective. Law schools can strike a balance by exposing
students to comparative legal studies, international legal frameworks, and diverse legal traditions from
around the world. This promotes a global outlook among law students, enabling them to engage in
international legal practice and contribute to global legal discussions.

By reviewing colonial syllabuses, integrating traditional African legal education, and addressing the
problems associated with dependence on colonial education, law schools can play a vital role in shaping
a legal education system that is responsive, inclusive, and aligned with the needs of African societies.

12. Decolonizing Legal Education: Reviewing colonial syllabuses is part of a broader effort to decolonize
legal education. It aims to challenge the Eurocentric perspectives and biases that have historically
dominated legal curricula. By incorporating diverse voices, perspectives, and legal traditions, law schools
can create a more inclusive and representative educational experience.

13. Cultivating Cultural Competence: Adapting legal education to include traditional African legal
education fosters cultural competence among law students. It equips them with a deeper understanding
and appreciation of the legal systems and customs that shape African societies. This cultural competence
is essential for lawyers to effectively engage with clients, navigate cross-cultural legal issues, and promote
social justice.

14. Encouraging Local Legal Scholarship: The review of colonial syllabuses encourages the development
of local legal scholarship and academic research. By incorporating traditional African legal education, law
schools can stimulate research and discourse on indigenous legal principles, legal pluralism, and the
intersection between customary and statutory laws. This contributes to the growth of African legal
scholarship and enriches the global legal community.

15. Strengthening Legal Systems: A comprehensive review of colonial syllabuses can help identify gaps
and weaknesses in the existing legal systems. By updating the syllabuses to reflect current legal
developments and needs, law schools can contribute to the improvement and modernization of African
legal systems. This, in turn, enhances access to justice, the rule of law, and the overall effectiveness of
legal institutions.

16. Fostering Social Justice and Human Rights: By incorporating contemporary human rights standards
and social justice issues into the syllabuses, law schools can promote a values-based legal education. This
empowers law students to become advocates for justice, equality, and human rights within their
communities. It also equips them with the tools to challenge systemic injustices and contribute to positive
societal change.

17. Building African Legal Expertise: Reviewing colonial syllabuses and incorporating traditional African
legal education helps develop a pool of legal professionals with expertise in African legal systems. This
reduces the reliance on foreign legal consultants or experts and enables African countries to address legal
challenges and develop sustainable legal solutions independently.

18. Enhancing Legal Harmonization: Synchronizing colonial syllabuses with current jurisprudence
promotes legal harmonization within Africa. By aligning legal education across countries and regions, law
schools can contribute to the development of a cohesive legal framework, making it easier for legal
professionals to collaborate and foster regional integration.

In summary, the review of colonial syllabuses in law schools for LLB programs is essential for decolonizing
legal education, fostering cultural competence, strengthening legal systems, promoting social justice, and
building African legal expertise. By embracing traditional African legal education and synchronizing with
current jurisprudence, law schools can create a more inclusive, relevant, and impactful legal education
system for the benefit of African societies and the advancement of the legal profession.
SOME OF THE COURSES THAT NEED IMPLEMENTATION COULD BE

1. THE LAW OF SPORTS AND ENTERTAINMENT


2. THE LAW OF OIL AND GAS
3. THE LAW OF SUSTAINABLE RENEWABLE ENERGY
4. MEDIA LAW AND POLICY
5. THE LAW OF CRYPTO CURRENCY AND CRYPTOGRAPHY
6. THE LAW OF FORENSIC
7. CYBER LAW, SECURITY AND DATA PRIVACY LAW
8. THE LAW OF FASHION AND DESIGN
9. THE PSYCHOLOGY OF LAW
10. OBUNTU BULAMU AND THE LAW
11. TECHNOLOGY LAW
12. HEALTH LAW
13. ARTIFICIAL INTELLIGENCE, ETHICS AND ROBOTICS LAW AND GOVERNANCE
14. LEGAL PERSONHOOD
15. MUSIC ENTERTAINMENT AND THE LAW
16. SPACE LAW, SATELLITE LAW, SPACE DEBRIS MANAGEMENT AND LIABILITY ISSUE
17. INDIGENOUS RIGHTS AND THE LAW
18. ELDER LAW
19. FINANCIAL TECHNOLOGY LAW
20. DIGITAL RIGHTS AND INTERNET LAW

Kindly note at suigeneris we have written on almost all of the above and below are samples of course
descriptor that may help law faculties in Uganda to start such programs. Find all our books at
www.lubogo.org and www.suigenerislawapp.com
Title: THE IMPORTANCE OF REVIEWING COLONIAL SYLLABUSES IN LAW
SCHOOLS FOR LLB PROGRAMS

ISAAC CHRISTOPHER LUBOGO

Find more at www.lubogo.org and suigenerislawapp.com


EDUCATION IS THE PASSPORT TO THE FUTURE, FOR TOMORROW BELONGS TO THOSE WHO PREPARE
FOR IT TODAY (Malcom X)

Introduction:

Legal education plays a crucial role in shaping the future legal professionals of a nation. In many African
countries, the legal education system still bears the remnants of the colonial era, where syllabuses and
curricula were primarily designed by former colonial powers. This article highlights the need to review
and synchronize colonial syllabuses with current jurisprudence while accommodating traditional African
legal education. By doing so, the aim is to enhance and improve the African education system and address
the problems associated with dependence on colonial education.

NO NEED TO PANIC:

The National Council for Higher Education (NCHE) of Uganda is a government agency established in 2011
under the Ministry of Education and Sports. Its primary purpose is to regulate and oversee higher
education in Uganda. The NCHE is responsible for accreditation, quality assurance, curriculum
development, research promotion, coordination, and student support. By setting standards, ensuring
quality, and fostering collaboration, the council aims to enhance the quality of higher education and
contribute to Uganda's socioeconomic development.
The University of Cambridge collaborates with the National Council for Higher Education (NCHE) in Uganda
to facilitate the admission of students into recognized programs. It is important to note that once Ă
ƉƌŽŐƌĂŵĞdžƉŝƌĞƐ͕ƐƚƵĚĞŶƚƐǁŚŽŚĂǀĞĐŽŵƉůĞƚĞĚŽƌŚĂǀĞďĞĞŶĞŶƌŽůůĞĚŝŶƚŚĂƚƉƌŽŐƌĂŵĨŽƌŵŽƌĞƚŚĂŶƚǁŽ
LJĞĂƌƐ ŵĂLJ ĨĂĐĞ ůŝŵŝƚĂƚŝŽŶƐ ŝŶ ƚŚĞŝƌ ĂĐĂĚĞŵŝĐ ƉƵƌƐƵŝƚƐ͕ not only at the University of Cambridge but
potentially across Europe. The University, being responsible for managing the higher education system
throughout Europe, adheres to these regulations.

For students who have graduated from an expired program or have spent more than two years enrolled
in such a program according to the NCHE guidelines, it becomes necessary to follow the prescribed
procedures outlined by the NCHE, the Ministry of Education and Sports, and the University itself in order
to seek approval for their courses. Failure to obtain approval mayƌĞŶĚĞƌƚŚĞŝƌĞĚƵĐĂƚŝŽŶĂůƚƌĂŶƐĐƌŝƉƚƐ
ŝŶǀĂůŝĚ͕ƚŚƵƐŚŝŶĚĞƌŝŶŐƚŚĞŝƌƉƌŽƐƉĞĐƚƐĨŽƌĨƵƌƚŚĞƌĞĚƵĐĂƚŝŽŶŽƌĞŵƉůŽLJŵĞŶƚ in Europe. It is worth noting
that similar systems may also apply in other parts of the world, including North America.

However, it is important to clarify that the University of Cambridge is not directly responsible for the
specific procedures involved in approving expired courses or educational transcripts. These procedures
are organized by the relevant parties mentioned earlier. Consequently, it is incumbent upon the student
or their respective educational institution to coordinate and liaise with all parties involved to ensure a
successful resolution.

In light of the challenges posed by this situation, students facing these circumstances have a couple of
options to consider.

1.Firstly, they may choose to undertake a personalized, private program approval process involving the
relevant entities such as the NCHE, the educational institution offering the expired program, the Ministry
of Education and Sports, an accredited law firm, and others as required.

2.Alternatively, students may also contemplate repeating their education level by enrolling in an updated
or active course to address the issue effectively.

It is crucial for affected students to carefully consider the implications of their situation and make
informed decisions based on the available options. Proper adherence to the outlined procedures,
collaboration with the involved parties, and a proactive approach will greatly contribute to a successful
resolution.

The next page is a document from the National Council for Higher Education (NCHE) to University of
Cambridge containing a comprehensive list of expired programs offered in Uganda. This list, which was
last updated on the 20th of May, 2023, includes information on the programs that have exceeded their
validity period and the respective institutions offering them. As part of our commitment to upholding
academic standards and compliance, the University acknowledges the importance of being informed
about these expired programs in order to make informed decisions regarding admissions and educational
qualifications.

REVIEW OF THE ABOVE

The text provides an overview of the National Council for Higher Education (NCHE) in Uganda and its role
in regulating and overseeing higher education in the country. The NCHE is responsible for various aspects
of higher education, including accreditation, quality assurance, curriculum development, research
promotion, coordination, and student support. Its aim is to enhance the quality of higher education and
contribute to Uganda's socioeconomic development.

The text also mentions the collaboration between the University of Cambridge and the NCHE in Uganda.
This collaboration facilitates the admission of students into recognized programs. It is important to note
that once a program expires, students who have completed or have been enrolled in that program for
more than two years may face limitations in their academic pursuits, not only at the University of
Cambridge but potentially across Europe. The University adheres to these regulations as it manages the
higher education system throughout Europe.

For students who have graduated from an expired program or have spent more than two years enrolled
in such a program, the text emphasizes the need to follow the prescribed procedures outlined by the
NCHE, the Ministry of Education and Sports, and the University itself in order to seek approval for their
courses. Failure to obtain approval may render their educational transcripts invalid, hindering their
prospects for further education or employment in Europe. The text also mentions that similar systems
may apply in other parts of the world, including North America.

However, it clarifies that the University of Cambridge is not directly responsible for the specific procedures
involved in approving expired courses or educational transcripts. These procedures are organized by the
relevant parties mentioned earlier. The responsibility falls on the student or their respective educational
institution to coordinate and liaise with all parties involved for a successful resolution.

In light of the challenges faced by students in this situation, the text presents two options. Firstly, students
may undertake a personalized, private program approval process involving the relevant entities such as
the NCHE, the educational institution offering the expired program, the Ministry of Education and Sports,
an accredited law firm, and others as required. Secondly, students may consider repeating their education
level by enrolling in an updated or active course to address the issue effectively.

The text emphasizes the importance of affected students carefully considering the implications of their
situation and making informed decisions based on the available options. It highlights the need for proper
adherence to the outlined procedures, collaboration with the involved parties, and a proactive approach
to achieve a successful resolution.

Finally, the text mentions that a comprehensive list of expired programs offered in Uganda is provided to
the University of Cambridge by the NCHE. This list is regularly updated and includes information on
programs that have exceeded their validity period and the respective institutions offering them. The
University acknowledges the importance of being informed about these expired programs to make
informed decisions regarding admissions and educational qualifications, demonstrating its commitment
to upholding academic standards and compliance.

Overall, the text provides a clear explanation of the role of the NCHE in Uganda, the implications of expired
programs on students' academic pursuits, the procedures involved in seeking approval, and the options
available to affected students. It emphasizes the need for careful consideration, adherence to procedures,
and collaboration with the relevant parties for a successful resolution. The mention of the University of
Cambridge's collaboration and its commitment to upholding academic standards adds credibility to the
information presented.

The text presents several important points regarding the applicability of the information in the context of
higher learning institutions in Uganda. Let's review them:

1. Role of the National Council for Higher Education (NCHE): The text highlights that the NCHE is a
government agency responsible for regulating and overseeing higher education in Uganda. It performs
functions such as accreditation, quality assurance, curriculum development, research promotion,
coordination, and student support. This information is significant as it establishes the authority and
responsibilities of the NCHE in the Ugandan higher education system.

2. Collaboration with the University of Cambridge: The text mentions a collaboration between the NCHE
and the University of Cambridge to facilitate the admission of students into recognized programs. This
collaboration indicates that the University of Cambridge recognizes the regulations and standards set by
the NCHE, implying that the NCHE's guidelines may have implications for students seeking admission to
international institutions. It emphasizes the importance of adhering to these regulations to avoid
limitations in academic pursuits, not just at Cambridge but potentially across Europe.

3. Implications of expired programs: The text states that once a program expires, students who have
completed or been enrolled in that program for more than two years may face limitations in their
academic pursuits. It is noteworthy that these limitations may not only apply to the University of
Cambridge but could also affect prospects for further education or employment in Europe and potentially
other parts of the world, including North America. This information highlights the potential consequences
of studying in expired programs and the importance of addressing the issue.

4. Procedures for seeking approval: The text emphasizes that students who have graduated from an
expired program or have spent more than two years enrolled in such a program need to follow prescribed
procedures outlined by the NCHE, the Ministry of Education and Sports, and the University itself. These
procedures need to be coordinated with all parties involved to obtain approval for their courses. Failure
to obtain approval may render educational transcripts invalid. This information underscores the necessity
of following the established procedures to ensure the validity of educational qualifications.

5. Options for affected students: The text presents two options for students facing the issue of expired
programs. Firstly, they can undertake a personalized, private program approval process involving the
relevant entities such as the NCHE, the educational institution offering the expired program, the Ministry
of Education and Sports, an accredited law firm, and others as required. Secondly, they may consider
repeating their education level by enrolling in an updated or active course. These options provide
potential paths for students to address the issue effectively.

6. Considerations and proactive approach: The text emphasizes that affected students should carefully
consider the implications of their situation and make informed decisions based on the available options.
It highlights the importance of proper adherence to procedures, collaboration with the involved parties,
and a proactive approach to resolve the issue successfully. This information encourages students to take
responsibility and actively engage in the process to secure a favorable outcome.

7. Availability of a comprehensive list of expired programs: The text mentions that the NCHE provides the
University of Cambridge with a comprehensive list of expired programs offered in Uganda. This list is
regularly updated and contains information about the programs that have exceeded their validity period
and the institutions offering them. This demonstrates the commitment of both the NCHE and the
University of Cambridge to upholding academic standards and compliance.

In conclusion, the text raises several crucial points regarding the applicability of the information to higher
learning institutions in Uganda. It highlights the role of the NCHE, the implications of expired programs,
the procedures for seeking approval, available options for affected students, the importance of careful
consideration and proactive approach, and the provision of a comprehensive list of expired programs.
These points provide valuable insights for higher learning institutions in Uganda to navigate issues related
to expired programs and maintain academic standards.

8. Regulatory framework: The text establishes that the National Council for Higher Education (NCHE)
operates within a regulatory framework set by the Ministry of Education and Sports. This indicates that
the NCHE's activities and guidelines align with the broader regulations and policies of the Ugandan
government. It underscores the legal basis and authority of the NCHE in overseeing higher education in
the country.

9. Validity period of programs: The text mentions that programs have a validity period, and once they
expire, students may face limitations. This information highlights the importance of being aware of
program expiration dates to ensure timely completion and avoid potential complications in the future. It
emphasizes the need for students to monitor the validity of their chosen programs and plan their
academic journeys accordingly.

10. Collaboration with other institutions: While the text specifically mentions the collaboration between
the NCHE and the University of Cambridge, it also indicates that similar systems and regulations may apply
in other parts of the world, including North America. This suggests that students and educational
institutions outside of Europe and Uganda should also be mindful of program expiration and the potential
impact on their educational qualifications.

11. Role of educational institutions: The text clarifies that the University of Cambridge, or any other
international institution, is not directly responsible for the approval procedures of expired programs or
educational transcripts. It emphasizes that it is the responsibility of the student or their respective
educational institution to coordinate and liaise with the relevant parties. This information highlights the
need for students and their institutions to take an active role in resolving issues related to expired
programs.

12. Importance of informed decisions: The text emphasizes the significance of affected students making
informed decisions based on the available options. It underscores the need for careful consideration of
the implications and potential consequences of their situation. This information stresses the importance
of thorough research, seeking advice from relevant authorities, and understanding the potential
outcomes before deciding on a course of action.

13. Compliance with academic standards: The text indicates that the University of Cambridge
acknowledges the importance of being informed about expired programs to uphold academic standards
and compliance. This demonstrates the commitment of the University to ensure that admissions and
educational qualifications meet the required standards. It highlights the broader importance of
maintaining academic integrity and adhering to recognized standards in higher education.

These additional points further contribute to the understanding of the implications, responsibilities, and
considerations related to expired programs and the collaborative efforts required between students,
educational institutions, and regulatory bodies to address such issues effectively.

The specific practice of setting validity periods for programs and the associated consequences for students
who have completed or been enrolled in expired programs may vary from country to country. While the
text mentions that similar systems may apply in other parts of the world, including North America, it does
not provide specific details about the prevalence or exact practices in different regions.

It is important to note that educational systems and regulations vary significantly across countries and
even within regions. Each country or jurisdiction may have its own policies and procedures regarding
program validity, accreditation, and recognition of qualifications. Therefore, it is essential for students
and educational institutions to familiarize themselves with the specific regulations and guidelines in their
respective countries or the countries where they seek to pursue further education or employment.
To gain a comprehensive understanding of common practices worldwide, it would be advisable to
research and consult resources specific to the desired region or countries of interest. This may include
exploring government websites, educational authorities, or international credential evaluation services
that provide information on academic recognition and the acceptance of qualifications from different
educational systems.

In summary, while the concept of program expiration and its impact on educational qualifications may
exist in various countries, it is crucial to conduct country-specific research to determine the common
practices and regulations in the specific region of interest.

Based on the information provided in the text, it appears that the National Council for Higher Education
(NCHE) of Uganda does not explicitly state that Ugandan universities or higher institutions licensed by
them are outdated or expired. Instead, the text suggests that the issue arises when students have
completed or been enrolled in specific programs offered by these institutions that have exceeded their
validity period.

The collaboration between the NCHE and the University of Cambridge, as mentioned in the text, pertains
to the admission of students into recognized programs. It is important to note that the University of
Cambridge, as an internationally renowned institution, may have its own standards and recognition
criteria for programs from different countries.

While the text does not provide specific examples, it implies that the University of Cambridge, being
responsible for managing the higher education system throughout Europe, adheres to certain regulations
and standards. If a program offered by a Ugandan institution is considered expired or not recognized by
the University of Cambridge or other European institutions, it may result in limitations for students
seeking admission to those institutions.

It is worth mentioning that the recognition and acceptance of qualifications from different educational
institutions vary across countries and institutions. The University of Cambridge, or any other international
institution, may have its own criteria for evaluating and accepting qualifications from foreign institutions.
These criteria may consider factors such as accreditation, program quality, curriculum alignment, and
other relevant indicators.

To provide specific examples, one could consider the scenario where a student from a Ugandan institution
completed a program that is recognized and accredited by the NCHE within Uganda. In this case, the
qualification may hold value within Uganda and be acceptable for further education or employment
opportunities within the country. However, if the same student seeks admission to the University of
Cambridge or another European institution, the program's expiration or lack of recognition by the
University of Cambridge may pose challenges, and the student may need to follow additional procedures
or pursue alternative pathways for admission.

It is important to consult official sources, such as the NCHE and the University of Cambridge, or seek
guidance from educational authorities or international credential evaluation services for detailed and
accurate information on specific recognition criteria and the acceptance of qualifications from Ugandan
institutions by international universities.

ISSUES TO LOOK OUT FOR

1. Addressing Outdated Curricula:

Colonial syllabuses often fail to keep pace with contemporary legal developments, including shifts in
jurisprudential theories and emerging legal issues. Reviewing and updating the curricula ensures that law
students are equipped with the necessary knowledge and skills to navigate modern legal challenges. This
includes incorporating recent court decisions, legislative developments, and international legal
obligations into the syllabus.

2. Reflecting African Jurisprudence:

While it is crucial to stay updated with global legal trends, it is equally important to recognize and
accommodate the rich and diverse African legal traditions and practices. Integrating traditional African
legal education into the syllabus can help foster a more inclusive and culturally sensitive legal system. It
enables students to appreciate the unique legal perspectives, customary laws, and indigenous dispute
resolution mechanisms that form an integral part of Africa's legal heritage.

3. Promoting Legal Pluralism:

Africa is a continent with diverse legal systems, including both formal statutory laws and customary laws.
Embracing legal pluralism in the law school syllabuses recognizes and acknowledges the coexistence of
multiple legal frameworks. By incorporating elements of both common law and African customary law,
law schools can produce graduates who are well-versed in both systems, enhancing their ability to serve
diverse communities and contribute to the development of the legal profession.

4. Empowering Local Communities:


Dependence on colonial education systems can perpetuate a sense of inferiority and detachment from
local cultures and knowledge systems. By incorporating traditional African legal education into the
syllabuses, law schools can empower local communities and strengthen their cultural identity. This
integration facilitates a more inclusive legal education that resonates with the needs and aspirations of
African societies, ultimately producing legal professionals who are better equipped to serve their
communities.

5. Nurturing Critical Thinking and Legal Innovation:

Reviewing and synchronizing colonial syllabuses with current jurisprudence provides an opportunity to
foster critical thinking and legal innovation. By encouraging students to question established legal
principles, engage in comparative legal studies, and analyze legal frameworks critically, law schools can
nurture a generation of legal professionals who are not bound by rigid dogmas but are capable of adapting
to the evolving legal landscape.

Reviewing colonial syllabuses in law schools for LLB programs is a crucial step towards enhancing and
bettering the African education system. Synchronizing them with current jurisprudence while
accommodating traditional African legal education fosters a more comprehensive, inclusive, and culturally
sensitive legal education. By addressing the problem of African countries depending solely on colonial
education systems, law schools can produce graduates who are better prepared to navigate the
complexities of contemporary legal issues, serve their communities, and contribute to the development
of a robust African legal system.

6. Advancing Indigenous Legal Systems: Incorporating traditional African legal education into law school
syllabuses not only acknowledges the importance of indigenous legal systems but also provides an
opportunity to revitalize and preserve these systems. By studying and understanding traditional African
legal principles, law students can contribute to the revitalization and recognition of indigenous legal
systems, ensuring their continued relevance and protection.

7. Empowering Local Legal Professionals: Reviewing colonial syllabuses and incorporating traditional
African legal education can help empower local legal professionals to address the unique legal challenges
faced by their communities. By equipping them with the knowledge and skills grounded in local legal
traditions, law schools can produce graduates who are better positioned to serve as advocates, mediators,
and legal advisors within their own cultural contexts.

8. Enhancing Legal Research and Development: Updating and synchronizing syllabuses with current
jurisprudence encourages legal research and development within African countries. It creates
opportunities for scholars and practitioners to engage in cutting-edge legal research, contribute to legal
scholarship, and develop innovative legal solutions that are contextually relevant to the African continent.

9. Promoting Social and Economic Development: By incorporating aspects of traditional African legal
education into law school curricula, students can gain a broader understanding of the social, economic,
and historical contexts that shape legal systems in Africa. This holistic approach to legal education can
contribute to the development of well-rounded legal professionals who are not only skilled in legal
analysis but also equipped to address broader social and economic issues affecting their communities.

10. Encouraging Legal Innovation and Adaptation: Reviewing colonial syllabuses provides an opportunity
to encourage legal innovation and adaptability. By recognizing the limitations of outdated curricula and
embracing emerging legal trends, law schools can foster a culture of innovation, critical thinking, and
problem-solving among students. This prepares them to navigate the evolving legal landscape and
respond effectively to emerging legal challenges.

11. Promoting Global Perspectives: While the focus is on incorporating traditional African legal education,
it is equally important to maintain a global perspective. Law schools can strike a balance by exposing
students to comparative legal studies, international legal frameworks, and diverse legal traditions from
around the world. This promotes a global outlook among law students, enabling them to engage in
international legal practice and contribute to global legal discussions.

By reviewing colonial syllabuses, integrating traditional African legal education, and addressing the
problems associated with dependence on colonial education, law schools can play a vital role in shaping
a legal education system that is responsive, inclusive, and aligned with the needs of African societies.

12. Decolonizing Legal Education: Reviewing colonial syllabuses is part of a broader effort to decolonize
legal education. It aims to challenge the Eurocentric perspectives and biases that have historically
dominated legal curricula. By incorporating diverse voices, perspectives, and legal traditions, law schools
can create a more inclusive and representative educational experience.

13. Cultivating Cultural Competence: Adapting legal education to include traditional African legal
education fosters cultural competence among law students. It equips them with a deeper understanding
and appreciation of the legal systems and customs that shape African societies. This cultural competence
is essential for lawyers to effectively engage with clients, navigate cross-cultural legal issues, and promote
social justice.

14. Encouraging Local Legal Scholarship: The review of colonial syllabuses encourages the development
of local legal scholarship and academic research. By incorporating traditional African legal education, law
schools can stimulate research and discourse on indigenous legal principles, legal pluralism, and the
intersection between customary and statutory laws. This contributes to the growth of African legal
scholarship and enriches the global legal community.

15. Strengthening Legal Systems: A comprehensive review of colonial syllabuses can help identify gaps
and weaknesses in the existing legal systems. By updating the syllabuses to reflect current legal
developments and needs, law schools can contribute to the improvement and modernization of African
legal systems. This, in turn, enhances access to justice, the rule of law, and the overall effectiveness of
legal institutions.

16. Fostering Social Justice and Human Rights: By incorporating contemporary human rights standards
and social justice issues into the syllabuses, law schools can promote a values-based legal education. This
empowers law students to become advocates for justice, equality, and human rights within their
communities. It also equips them with the tools to challenge systemic injustices and contribute to positive
societal change.

17. Building African Legal Expertise: Reviewing colonial syllabuses and incorporating traditional African
legal education helps develop a pool of legal professionals with expertise in African legal systems. This
reduces the reliance on foreign legal consultants or experts and enables African countries to address legal
challenges and develop sustainable legal solutions independently.

18. Enhancing Legal Harmonization: Synchronizing colonial syllabuses with current jurisprudence
promotes legal harmonization within Africa. By aligning legal education across countries and regions, law
schools can contribute to the development of a cohesive legal framework, making it easier for legal
professionals to collaborate and foster regional integration.

In summary, the review of colonial syllabuses in law schools for LLB programs is essential for decolonizing
legal education, fostering cultural competence, strengthening legal systems, promoting social justice, and
building African legal expertise. By embracing traditional African legal education and synchronizing with
current jurisprudence, law schools can create a more inclusive, relevant, and impactful legal education
system for the benefit of African societies and the advancement of the legal profession.
SOME OF THE COURSES THAT NEED IMPLEMENTATION COULD BE

1. THE LAW OF SPORTS AND ENTERTAINMENT


2. THE LAW OF OIL AND GAS
3. THE LAW OF SUSTAINABLE RENEWABLE ENERGY
4. MEDIA LAW AND POLICY
5. THE LAW OF CRYPTO CURRENCY AND CRYPTOGRAPHY
6. THE LAW OF FORENSIC
7. CYBER LAW, SECURITY AND DATA PRIVACY LAW
8. THE LAW OF FASHION AND DESIGN
9. THE PSYCHOLOGY OF LAW
10. OBUNTU BULAMU AND THE LAW
11. TECHNOLOGY LAW
12. HEALTH LAW
13. ARTIFICIAL INTELLIGENCE, ETHICS AND ROBOTICS LAW AND GOVERNANCE
14. LEGAL PERSONHOOD
15. MUSIC ENTERTAINMENT AND THE LAW
16. SPACE LAW, SATELLITE LAW, SPACE DEBRIS MANAGEMENT AND LIABILITY ISSUE
17. INDIGENOUS RIGHTS AND THE LAW
18. ELDER LAW
19. FINANCIAL TECHNOLOGY LAW
20. DIGITAL RIGHTS AND INTERNET LAW

Kindly note at suigeneris we have written on almost all of the above and below are samples of course
descriptor that may help law faculties in Uganda to start such programs. Find all our books at
www.lubogo.org and www.suigenerislawapp.com
COURSE DESCRIPTER FOR
CYBER LAW
BY ISAAC LUBOGO CHRISTOPHER

TABLE OF CONTENTS

MODULE 1: GENERAL INTRODUCTION TO ICT LAW/CYBER LAW


UNIT 1: ICT/CYBER LAW AREAS
UNIT 2: CYBER CRIME
UNIT 3: TRENDS OF CYBER LAW
UNIT 4: SOURCES OF ICT LAW

MODULE 2: THE EVOLUTION OF INTERNET AND THE LAW


UNIT 1: DEFINITION OF THE INTERNET AND HOW IT WORKS

MODULE 3: DEVELOPMENT OF ICT IN UGANDA


UNIT 1: HISTORICAL BACKGROUND
UNIT 2: BACKLASH
UNIT 3: COMPUTER HARDWARE AND SOFTWARE

MODULE 4: THE SOURCES OF CYBER LAWS IN UGANDA


UNIT 1: THE LEGAL FRAMEWORK IN UGANDA

MODULE 5: THE INTERNATIONAL SOURCES OF CYBER LAW


UNIT 1: THE INTERNATIONAL LEGAL FRAMEWORK

MODULE 6: TERRITORIAL SOVEREIGNITY AND JURISDICTIONAL CHALLENGES IN CYBER LAW


UNIT 1: TERRITORIAL SOVEREIGNITY
UNIT 2: TYPES OF JURISDICTION

MODULE 7: CHALLENGES OF IMPLEMENTING CYBER LAWS IN UGANDA


UNIT 1: STATUS OF IMPLEMENTATION OF CYBER LAWS IN UGANDA
UNIT 2: THE CHALLENGES IN IMPLENTING CYBER LAWS IN UGANDA

MODULE 8: ELECTRONIC CONTRACTS AND ELECTRONIC TRANSACTIONS/ELECTRONIC


COMMERCE
UNIT 1: HISTORY OF E-COMMERCE
UNIT 2: TYPES OF E-COMMERCE
UNIT 3: EVIDENTIAL STATUS OF ELECTRONIC DOCUMENTS AND ELECTRONIC TRANSACTIONS
UNIT 4: PROTECTING THE INTEGRITY OF ELECTRONIC TRANSACTIONS
UNIT 5: ELEMENTS OF A VALID CONTRACT
UNIT 6: E-CONTRACTING
UNIT 7: TYPES OF ELECTRONIC CONTRACTS
UNIT 8: WEBSITES AND E-COMMERCE
UNIT 9: CUSTOMERS PROTECTION IN ELECTRONIC TRANSACTIONS ACT
UNIT 10: LEGAL CONSEQUENCES ASSOCIATED WITH ELECTRONIC TRADING
UNIT 11: WRITING CONTRACTS
UNIT 12: DISPATCH AND RECEIPT OF A DATA MESSAGE
UNIT 13: THE ROLE OF INTERNET INTERMEDIARIES IN ELECTRONIC TRANSACTIONS
UNIT 14: INTERNET ACCESS AND SERVICE PROVIDERS
UNIT 15: WEB E-COMMERCE INTERMEDIARIES
UNIT 16: E-COMMERCE PAYMENT SYSTEMS
UNIT 17: ROLE OF INTERNET INTERMEDIARIES
UNIT 18: NETWORK EXTERNALITIES
UNIT 19: TWO-SIDED MARKETS
UNIT 20: REVENUE MODELS
UNIT 21: PRINCIPLES OF ONLINE CONTRACTING
UNIT 22: LIABILITY OF INTERMEDIARIES FOR WRONG ACTIONS
UNIT 23: ADVANATGES AND DISADVANTAGES OF E-COMMERCE

MODULE 9: ELECTRONIC SIGNATURES


UNIT 1: INTRODUCTION
UNIT 2: DEFINITION OF ELECTRONIC SIGNATURES
UNIT 3: THE VALIDITY OF E-SIGNATURES
UNIT 4: TYPES OF ELECTRONIC SIGNATURES
UNIT 5: FORMATION OF ELECTRONIC SIGNATURES
UNIT 6: DIFFERENCE BETWEEN DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE
UNIT 7: THE ROLE OF ID CERTIFICATES
UNIT 8: IMPORTANCE OF ELECTRONIC SIGNATURES
UNIT 9: INFORMATION LICENSING
UNIT 10: ATTRIBUTION OF AN ELECTRONIC SIGNATURE/AUTHENTICATION
UNIT 11: SIGNING AND VERIFICATION IN DIGITAL SIGNATURE

MODULE 10: THE RIGHT TO PRIVACY AND DATA PROTECTION


UNIT 1: DEFINITION OF PRIVACY
UNIT 2: INTERNET/ONLINE PRIVACY
UNIT 3: PRIVACY ON THE COMPUTER
UNIT 4: PRIVACY AND THE MEDIA/FREEDOM OF EXPRESSION
UNIT 5: PRIVACY AND LAW ENFORCEMENT
UNIT 6: GUIDELINES AND ICT STANDARDS
UNIT 7: COMMUNICATION SURVILLENCE
UNIT 8: POLICIES AND SECTORAL INITIATIVES CYBER SECURITY POLICY
UNIT 9: SURVEILLANCE AND PRIVACY (PHONE-TAPPING AND CCTV)
UNIT 10: AFRICAN PERSPECTIVES ON DATA PROTECTION AND PRIVACY
UNIT 11: AFRICA’S RESPONSE TO PRIVACY ISSUES REGIONAL INITIATIVES
UNIT 12: THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES
UNIT 13: THE EAST AFRICAN COMMUNITY
UNIT 14: AFRICAN STATE INITIATIVES
UNIT 15: COMPARATIVE ANALYSIS WITH OTHER COUNTRIES
UNIT 16: CIVIL SOCIETY AND PRIVATE SECTOR INITIATIVES
UNIT 17: EUROPEAN PERSPECTIVES OF DATA PROTECTION THE RIGHT TO DATA PROTECTION
UNIT 18: PRIVACY, DATA PROTECTION AND SECURITY
UNIT 19: INTRODUCTION TO DATA PROTECTION LAW
UNIT 20: DATA PROTECTION PRINCIPLES
UNIT 21: DETAILS ON DATA PROTECTION PRINCIPLES
UNIT 22: CONSTRATINST ON DATA PROCESSING
UNIT 23: THE RIGHTS OF THE DATA SUBJECT
UNIT 24: CONFLICTING RIGHTS OF DATA SUBJECTS
UNIT 25: DATA PROCESSING IN EMPLOYMENT RELATIONS

MODULE 11: CYBER CRIME


UNIT 1: INTRODUCTION
UNIT 2: LEGAL FRAMEWORK ON CYBER CRIME
UNIT 3: INSTITUTIONAL FRAMEWORK ON CYBER CRIME
UNIT 4: ELEMENTS OF CYBER CRIME IN UGANDA
UNIT 5: WEAKNESS OF UGANDA’S CYBER LAW IN CURBING CYBER CRIME
UNIT 6: SOLUTIONS TO PROBLEMS
UNIT 7: CYBER CRIME AND CYBER SECURITY
UNIT 8: THE LOOPHOLES IN OBSCENE PUBLICATIONS
UNIT 9: CYBER HAARASSMENT
UNIT 10: CYBER STALKING
UNIT 11: OFFENSIVE COMMUNICATION
UNIT 12: UNAUTHORISED DISCLOSURE OF ACCESS CODE
UNIT 13: ELECTRONIC FRAUD
UNIT 14: UNAUTHORISED DISCLOSURE OF INFORMATION
UNIT 15: CYBER-HOOLIGANISM
UNIT 16: HACKING
UNIT 17: IDENTITY THEFT
UNIT 18: CYBER-TERRORISM
UNIT 19: CYBER-WAR
UNIT 20: BANKING/CREDIT CARD RELATED CRIMES
UNIT 21: DEFAMATION
UNIT 22: CYBER SECURITY STRATEGIES

MODULE 12: INTERMEDIARY LIABILITY


UNIT 1: INTRODUCTION
UNIT 2: INTERNET ACCESS AND SERVICE PROVIDERS
UNIT 3: INETRMEDIARY LIABILITY IN UGANDA
UNIT 4: AUTHENTICITY AND EVIDENCE IN UGANDA

MODULE 13: LEGAL ASPECTS OF INFORMATION SECURITY SURVEILLANCE


UNIT 1: DEFINITIONS OF PRIVACY
UNIT 2: ISSUES OF PRIVACY IN RELATION TO A SURVEILLANCE SOCIETY

MODULE 14: CLOUD COMPUTING


UNIT 1: INTRODUCTION
UNIT 2: CLOUD COMPUTING AND THE INFORMATION SECURITY CONCEPT
MODULE 15: ELECTRONIC GOVERNMENT SYSTEM
UNIT 1: INTRODUCTION
UNIT 2: ELECTRONIC GOVERNMENT (E-GOVERNMENT) IN UGANDA
UNIT 3: TRANSFORMATION OF THE UGANDAN SOCIETY

MODULE 16: INTELLECTUAL PRPOERTY ISSUES


UNIT 1: INTRODUCTION TO INTELLECTUAL PROPERTY LAWS
UNIT 2: INTELLECTUAL PROPERTY LAW AND SEARCH ENGINES
UNIT 3: PROTECTION OF COMPUTER PROGRAMS
UNIT 4: PATENT PROTECTION.

MODULE 17: GENERAL INTRODUCTION TO ICT LAW / CYBER LAW………. page 1


UNIT 1: ICT/CYBER LAW AREAS……………………………………………….…page 2
UNIT 2: CYBER CRIME ……………………………………………………....……page 3
UNIT 3: TRENDS OF CYBER LAW………………………………….……………. page 6
UNIT 4: SOURCS OF ICT LAW………………………...……………….…………. page 6
UNIT 1: ICT/CYBER LAW AREAS…………………...……………………………. page 2
1.0 introduction
Cyber law is the law governing the internet and all digital transactions carried out thereon. Cyber
law provides legal protections to people using the internet. This includes both businesses and
everyday citizens. Understanding cyber law is of the utmost importance to anyone who uses the
internet. Cyber Law has also been referred to as the "law of the internet.

 0DLQFRQWHQW
Cyber law covers a fairly broad area, encompassing several subtopics including freedom of
expression, access to and usage of the Internet, and online privacy. Generically, cyber law has
been referred to as the Law of the Internet. Information technology law provides the legal
framework for collecting, storing, and disseminating electronic information in the global
marketplace. Hence, Cyber law can be considered as a part of the overall legal system that deals
with the Internet, E-commerce, digital contracts, electronic evidence, cyberspace, and their
respective legal issues.
 &RQFOXVLRQ
Attorneys practicing in this area of the law represent individuals and businesses from all different
industries. They help structure information technology transactions in a way that maximizes the
client's economic benefit while ensuring regulatory compliance.
 6XPPDU\
A great deal of emphasis is also placed on anticipating potential sources of dispute between the
parties to a transaction, and crafting agreements that address these concerns, thereby reducing
the risk of litigation.
5.0 Assignment
What is cyber law?
6.0 References
a) Cyber law by Isaac Christopher Lubogo

UNIT 2: CYBER CRIME ………………….pg 3

1.0 Introduction
Cybercrime is divided into categories as explained below
 0DLQFRQWHQW
Categories include:
D )UDXG
Fraud means actual fraud or some act of dishonesty. Constructive fraud may also arise through an
unfortunate expression calculated towards misleading another for selfish gain. And one may opt to mislead,
Consumers rely on cyber laws to protect them from online fraud.

E &RS\ULJKWLQIULQJHPHQW
A copyright is the exclusive right to do and to authorize others to do… certain acts in relation to
literary, dramatic and musical works, in relation to artistic works and in relation to sound recordings, films,
broadcasts, cable programs and published editions of works. Copyright infringement is an area of cyber law
that defends the rights of individuals and companies to profit from their creative works.
F 'HIDPDWLRQ
Many people use the internet to speak their mind. When people use the internet to say things that
are untrue, it can cross the line into defamation.

G +DUDVVPHQWDQG6WDONLQJ
Sometimes online statements can violate criminal laws that prohibit harassment and stalking.
When a person makes repeated or threatening statements about someone else online, they may violate
both civil and criminal laws. Cyber lawyers both prosecute and defend people when stalking occurs using
the internet and other forms of electronic communication.

H )UHHGRPRIVSHHFK
Freedom of speech laws also allows people to speak their minds. Cyber lawyers must advise their
clients on the limits of free speech including laws that prohibit obscenity.

I 7UDGHVHFUHWV
Cyber lawyers help their clients take legal action as necessary in order to protect their trade
secrets.

J &RQWUDFWVDQGHPSOR\PHQWODZ
Contracts protect individuals and corporations as they use technology and do business online

 FRQFOXVLRQ
cyber-crime means the use of a computer as an instrument to further illegal ends
4.0 Summary
These are criminal activities carried out by means of computers or the internet.
5.0 Assignment
Does cyber-crime need a particular procedural law?
6.0 References
a) Cyber law by Isaac lubogo Christopher

UNIT 3: TRENDS OF CYBER LAW ……………….pg 6

1.0 Introduction
Cyber law is emerging widely in the present era. It is an era of developments and
innovations in different fields which are marked with the increasing use of technology in
different ways.

2.0 Main content


To fight these crimes, there have been recent trends in cyber law. These trends include
the following, New and more stringent regulations, reinforcing current laws, Increased
awareness of privacy issues, Cloud computing, how virtual currency might be vulnerable to
crime, Usage of data analytics.
3.0 Conclusion

The unit is one of the fields of law that has received great importance with
development and will always have a widening scope as technological developments
never stop and so does the crime related to it.
4.0 Assignment
What are the recent developments in cyber law?
5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 4: SOURCES OF ICT LAW ………………………………………pg 6

1.0 Introduction
ICT is an umbrella term that includes any communication device. Each country’s legal system has
its own sources of law.

2.0 Main content


With greater weight placed on some sources than others. In developing an infrastructure project, it
is important to identify which sources of law apply in the host country and their relative weighting.
The following are the most common sources: Constitution, statutes, Judicial Decisions, Treaties,
and Other Source
.
3.0 Conclusion
Just like any law, a cyber-law is created to help protect people and organizations on the
Internet from malicious people on the Internet and help maintain order.

4.0 Assignment
Discuss in detail the sources of ict law?

5.0 References
Cyber law by Isaac Lubogo Christopher

UNIT 5 : ICT/CYBER LAW AREAS

1.0 Introduction
ICT law includes contentious and non-contentious matters.

2.0 Main content


The main coverage of ICT contracts relates to; Information – (or data) in paper or electronic format,
Communication – in person or electronically (electronic communications), in writing or voice,
telecommunications, and broadcasting, Information technology (IT) including software, hardware and
electronics, Communications technology including protocols, software and hardware.

3.0 Conclusion
Ict law is a distinct field of law that comprises elements of various branches of the law, originating
under various acts or statutes of Parliament and the common law for instance; contract law, consumer
protection law, criminal law, patent law, copyright law, trade mark law intellectual property law, banking law,
privacy and data protection law, freedom of expression law, tax law, telecommunications law, work or
labour law, the law of evidence

4.0 Assignment
What are the different cyber law areas?
5.0 References
Cyber law by Isaac Lubogo Christopher


Module 2: THE EVOLUTION OF INTERNET AND THE LAW…………………………………………. page 12

UNIT 1: DEFINITION OF THE INTERNET AND HOW IT WORKS……………page 13

1.0 Introduction
In the 1960s, during the Cold War, the US government saw the need for tracking all incoming
flights into US airspace. They created 26 SAGE (Semi-Automatic Ground Environment) computer
systems; these systems were distributed all over the USA and Canada. The Internet is a
worldwide, publicly accessible network of interconnected computer networks that transmit data
using the standard Internet Protocol (IP). It allows people to send and receive data wherever they
are in the world if they have internet access.

2.0 Main content


Standards and governance act as a tool to aid in the development and advancement of systems
and technology. A well-defined set of standards and a clear governance structure will help pave the
way for new systems and technologies to be presented to the masses and be adopted which in
turn will allow for more advancement and still more required governance.

a) International Telecommunications Union


The ITU is an inter-governmental organization that brings together governments and industry
to coordinate the establishment and operation of global telecommunication networks and
services of the Union.

b) International Electro Technical Commission


The IEC was founded in 1906. It is the world’s leading organization for the preparation and
publication of International Standards for all electrical, electronic and related technologies.
These are known collectively as “electro technology”. IEC provides a platform to companies,
industries and governments for meeting, discussing and developing the International
Standards they require.

c) Institute for Electrical and Electronics Engineers


The IEEE has served electrical and electronics engineers and scientists since 1884, when a
group of inventors and entrepreneurs including Thomas Edison and Alexander Graham Bell
founded the American Institute of Electrical Engineers (AIEE). In 1912 radio technology
practitioners formed a separate international society, the Institute of Radio Engineers (IRE). In
1963 the AIEE and IRE merged to form the IEEE.

d) The IEEE computer Society


The Institute of Electrical and Electronics Engineers, Inc. (IEEE) is the world's largest technical
professional association with more than 350,000 members in 150 countries. It is a non-profit
organization that is dedicated to advancing the theory and application of electrical and
electronics engineering and computer science. Through its members, the IEEE is a leading
authority on areas ranging from aerospace, computers, and telecommunications to
biomedicine, electric power, and consumer electronics.

e) Society Functions
The society is a leader in developing standards for the computing industry, supporting more than
200 standards development groups in twelve major technical areas. the society develops
curriculum recommendations for programs in computer science and engineering and related
disciplines. The society has supported the major computer science accreditation board in the
United States and has participated in international accreditation efforts.

f) Internet Architecture Board


IAB meetings are attended by a representative of the Internet Society (ISOC) and of the RFC
Editor, and by a liaison with the Internet Engineering Steering Group (IESG). The IAB elects its
own Chair from among its twelve IETF-nominated members.

g) Domain name and Iccan Domain Name.


Each internet page has a unique address referred to as uniform resource locator. Protocol
exists on the various parts of each uniform resource locator. Domain name is an identification
string that defines a realm of administrative autonomy, authority or control within the internet.
Domain names are centrally organized and registered and must be unique.

h) Internet Assigned Numbers Authority


To reach another person on the Internet you have to type an address into your computer - a
name or a number. That address has to be unique so computers know where to find each
other. ICANN coordinates these unique identifiers across the world. Without that coordination
we wouldn't have one global Internet.

i) Domain name and Iccan Domain Name


Domain name disputes arise for a number of reasons but most especially due to the interests
in each unique domain name. The common forms of abuse are majorly cyber-squatting,
cyber piracy and typo squatting.

B) Remedies available to the complaint for abuse of domain name


x Dispute resolution
x Registration and use in bad faith
x Evidence of legitimate interests
3.0 Conclusion
The development of the internet dates back in the 60’s and has since seen developments with
continue upto date
4.0 Assignment
What remedies are available to the complaint for abuse of domain name?
5.0 References
Cyber law by Isaac Lubogo Christopher

MODULE 3 DEVELOPMENT OF ICT IN UGANDA

UNIT 1: HISTORICAL BACKGROUND ............ Error! Bookmark not defined.

1.0 Introduction
The history of ICTs in Uganda is a short but intense one. Uganda started embracing ICTs as part
of its economic development strategy when the first mobile phone service came onto the Ugandan
scene in December 1994.

2.0 Main content


The telecom company Celtel, using the GSM 900 technology mainly targeted high end users like
business people and the diplomatic community. The cost of owning and maintaining a mobile
phone was so high that that having a car was estimated to be a cheaper undertaking. Owning a
mobile phone was a status symbol. Things began to change however, with the entry into the
market, of the South African Giant Mobile Telecommunications Network (MTN) in 1998. Calls
became cheaper, and the network was extended to rural areas, going beyond Kampala as the hub
for the mobile telephone industry. More players like Airtel, Warid and Zain entered the marked with
more diversified products making communication even cheaper.

3.0 Conclusion
Developments in ICTs have dramatically changed the way information is collected, stored,
processed, disseminated and used, thus making it a powerful tool for modernization and
development.

4.0 Assignment
Discuss the historical development of ict in Uganda
5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: BACKLASH. .............................. Page Error! Bookmark not defined.

1.0 Introduction
Backlash means a sudden violent backward movement or reaction

2.0 Main content


Inevitably however, the growth in ICTs also culminated into social, political and economic situations
that were not equally desirable for all the stakeholders
The free discussions by ordinary people of social-political issues on several radio stations did not
augur well for some in the government who decided to start clamping down on these discussions.
(ELPHH]D were banned by the Broadcasting Council in September 2009.
Radio and TV stations as well as newspapers that were deemed to “spread inflammatory material”
were threatened and some were closed which forced others into self-censorship
Then came the explosion in Social Media growth. Millions of Ugandans are signed up on face
book, twitter and many young elite activists are endlessly sharing their opinions on blogs across
the internet.
3.0 Conclusion
Social media today has continued expanding to see new platforms such as Instagram, snapchat,
tik tok among others and Ugandans too have adopted the technology to develop their own social
media apps. This is aided by the increasing ownership of smart phones that are replacing old, ‘call-
only’ handsets that are now scorned as belonging to ‘stone age’.
4.0 Assignment
Discuss the main influence of backlash in Uganda today
5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: COMPUTER HARDWARE AND SOFTWARE. ………………….page Error! Bookmark not


defined.

1.0 Introduction
Every computer is made up of the hardware and the software component. In this part, we discuss
the various components of a computer hardware and software. The hardware needed for Internet
access is divided into two i.e. the client side and the server side.

2.0 Main content


Client side: the client is the connection that links you to the network. However, most people think of
themselves, or their computer, as the client. It is what you need to get online and ‘surf the Net such as
a computer, a modem, a telephone line, Browser software, An Internet service provider.
Server side: An Internet Service Provider is an organization/company that will link you to the Internet.

3.0 conclusion
In conclusion, computer hardware is any physical device used in or with your machine whereas
software is a collection of programming code installed on your computer’s hard drive.
4.0 Assignment
Mention five computer hardwares and softwares.
5.0 References
a) Cyber law by Isaac Lubogo Christopher
MODULE 4: THE SOURCES OF CYBER LAW IN UGANDA…………. page 62

UNIT 1: THE LEGAL FRAME WORK IN UGANDA ……………………. page 65

1.0 Introduction
Here we look at a set of documents that include the constitution, legislation, regulations and
contracts. How these documents relate to one another which has more force than the other.

2.0 Main content


a) The 1995 constitution of Uganda as amended under Article 27, 29, 41.
b) The anti-terrorism act 2002 contains provisions that provide for obtaining information in
respect of acts of terrorism under section 9(1), section 9(2)
c) The National information Technology Authority, Uganda act 2009 with main sections of
section 3 (3), section 4,5(18), its functions under S.5(3), S.5(4), S.5(5), S.5(6), s.20(1),
S.38(4),s.22,s.34, S.39
d) The regulation of interception of communications act 2010, this comes to guaranteeing the
internet freedom of Ugandan citizens under S.3, S.4(1), s.5, S.8, S.10,
e) The electronic Signatures Act 2011: regulates the use of electronic signatures in Uganda,
contain provisions concerning the public key infrasture under S.22, s.91
f) The computer misuse act 2011: Prescribes liability for offences related to computers Read
S.18, S.9, S.9(3), S.10, S.11, S.28
g) The electronic transactions act 2011 Provides for the use, security, facilitation and
regulation of electronic communications and transactions. Read S.29, s.30, s.31, s.32
h) The Uganda communications act 2013: this regulates the Ugandan communication
services. Read s.4,5, 8,7
i) The anti-pornography act 2014 criminalizes all forms of pornography. Read Sections
13,14, 15, 24, 17, 27
3.0 Conclusion
The Ugandan cyber legislation gives government and its agencies unlimited powers with
regard to procuring surveillance equipment1 and criminalizing gadgets (computers) as well as
Internet content.
4.0 Assignment
Discuss in detail the Ugandan legal framework in cyber law
5.0 References
a) Cyber law by Isaac Lubogo Christopher

MODULE 5: THE INTERNATIONAL SOURCES OF CYBER LAW …………page 92

UNIT 1: THE INTERNATIONAL LEGAL FRAMEWORK

1.0 Introduction
Cyber law has been developed in the many states to guarantee rights such as freedom of speech
and expression. It has also been developed internationally to handle issues of jurisdictional
challenges since cyber-crime is not limited to space. Various international law treaties, declaration
have recognized Cyber law and the rights under cyber laws.
2.0 Main content.
Here you will take a look at the different international laws that govern cyber usage and are
adopted by Uganda
a) The international covenant on civil and political rights: is a multilateral treaty adopted by the
General Assembly of the United Nations in 1966 and ratified by Uganda in 1995. Read Art.17,
Art.19,
b) The universal declaration of human rights: was adopted by the General Assembly of the United
Nations in 1948 and it contains guarantees for both right to privacy and freedom of expression.
Read: Art 12,19
c) The European Convention on Human rights: is the most important human rights instrument at
the European level. It conforms to the standards set by the ICCPR. Read; Article 8, 10
d) The Eu charter on fundamental rights: is the principal human rights instrument of the European
Union. It conforms in a great extent to the ICCPR and the ECHR but includes more far-
reaching provisions on data protection than the other international human rights instruments.
Read Art.52, art.7,8,11
e) The American convention on human rights: Read Art.11,13
f) The African charter on human and people’s rights. Read Art.9
g) International Principles on the Application of Human Rights to Communications Surveillance
(Necessary and Proportionate): They attempt to clarify how international human rights law
applies in the current digital environment, particularly in light of the increase in and changes to
Communications Surveillance technologies and techniques.
h) Joint declaration on freedom of expression and the internet: Read Art.19,1,3
i) The African declaration on internet rights and freedoms/adrirf. The development of the African
Declaration on Internet Rights and Freedoms is a Pan-African initiative to promote human
rights standards and principles of openness in the Internet policy formulation and
implementation on the continent.
3.0 Conclusion
As the survey above has shown, both freedom of expression and right to privacy are universally
protected in the majority of the international human rights instruments. Limiting these two rights
requires as a rule that the restrictions are laid down in law and that a due notice is taken of the
principles of necessity and proportionality
4.0 Assignments
a) What are the basic principles of international law?
5.0 References
a) Cyber law by Isaac Lubogo Christopher
MODULE 6 : TERRITORIAL SOVEREIGNITY AND JURISDICTIONAL CHALLENGES IN CYBER LAW
....................................................................page Error! Bookmark not defined.

UNIT 1:TERRITORIAL SOVEREIGNITY

1.0 Introduction
Territorial sovereignty refers to the state’s complete and exclusive exercise of authority and power
over its geographical territory. Territorial sovereignty can be violated when third parties gain
unauthorized access to ICT in foreign countries without knowledge and permission of the host
country and or its law enforcement agent.

2.0 Main content.


The greatest challenge with cyber law is cross jurisdictional challenges. Cyber law and cyber-crime
are not limited space and so present jurisdictional challenges. A Person in Uganda can commit a
cyber-crime that affects another country such as Tanzania. Jurisdiction is the question of what
court has authority to hear the case. Where a person makes a statement in one jurisdiction and a
person reads or hears it in another, it creates a question of where to bring litigation. When crimes
occur, it may be hard to even figure out where a defendant committed a crime.

3.0 Conclusion
There may even be difficulties working between states or countries to bring litigation. Cyber
lawyers must navigate all of these challenges to effectively pursue their case on behalf of the
public or the client.

4.0 Assignment
a) What is the principle of territorial sovereignty?
5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: TYPES OF JURISDICTION …………………………page 113

1.0 Introduction
Jurisdiction literally means the geographical areas.

2.0 Main content


Here you will look at the types of jurisdiction
a) Personal jurisdiction: This is the geographical restriction on where a plaintiff may elect to a sue
a defendant for a particular claim. The restriction is intended to prevent a plaintiff from suing a
defendant in a jurisdiction foreign to the defendant unless that defendant has established some
relationship with that forum that would lead him to reasonably anticipate being sued there.
b) General jurisdiction: refers to authority of a court to hear any cause of action involving a
defendant even those unrelated to the defendants’ contacts with the forum state. The
defendant must have continuous and systematic contacts with the forum state in order for a
court to assert jurisdiction general jurisdiction.
c) Specific jurisdiction: Courts use a three-part test to evaluate whether there is a basis for
specific jurisdiction or case linked jurisdiction in a particular case to prevent the defendant from
being subject to personal jurisdiction solely because of random fortious or attenuated contacts
or the unilateral activity of another third party.
d) Purposeful availment: The purposeful availment test seeks to determine whether the defendant
purposefully avails itself of the privilege of conducting activities within a state through
systematic and continuous contacts.
e) Purposeful direction: This is to the effect that where a defendant targets a particular forum, he
may be called to answer his or her forum (effects principle).
f) passive jurisdiction: This is jurisdiction based on interactivity of the websites. With Passive
jurisdiction, there is no interaction with visitors, courts find no personal jurisdiction at the end of
the spectrum.
g) In rem jurisdiction: relates to the determination of title to, or the status of property located within
the court’s territorial limits. A quasi in rem judgement affects the interests of a particular
persons in designated property.
3.0 Conclusion
Internet presence automatically creates an international presence triggering the potential for cross
border litigation
4.0 Assignment
What is the purpose of jurisdiction?
5.0 references
a) cyber law by Isaac Lubogo Christopher

MODULE 7: CHALLENGES OF IMPLEMENTING CYBER LAWS IN UGANDA….pg Error! Bookmark


not defined.

UNIT 1: STATUS OF IMPLEMENTATION OF CYBER LAWS IN UGANDA………..pg Error! Bookmark not


defined.

1.0 Introduction
Computer Misuse refers to unauthorized access to private computers and network systems,
deliberate corruption or destruction of other people’s data, disrupting the network or systems,
introduction of viruses or disrupting the work of others; the creation and forwarding of defamatory
material, infringement of copyright, as well as the transmission of unsolicited advertising or other
material to outside organizations. It includes all the activities that undermine computer security
affect the integrity, confidentiality and availability of computer systems.

2.0 Main content


There are existing laws which are being applied to prosecute digitial crimes in uganda, however
finding implies the cyber crime legislations are not catching up with the speed of change in the
levels of technologies and there after cyber crime globally and in uganda. This is due to the
growing number of people connected to the internet, the number of targets and offenders increase.

3.0 Conclusion
The Ministry of Information and Communications Technology (MoICT) of Uganda has been at the
forefront in the implementation of cyber laws. A lot has been achieved since 2011, when the cyber
laws were enacted.

4.0 Assignment.
Discuss in detail the status of implementation of cyber laws in uganda.

5.0 Conclusion
a) Cyber law by isaac Lubogo Christopher

UNIT 2: THE CHALLENGES IN IMPLEMENTING CYBER LAWS IN UGANDA………….pg Error!


Bookmark not defined.

1.0 Introduction
Challenge literally means something that needs great mental or physical effort in order to be done
successfully and thereof

2.0 Main content


a) Lack of skills and tools in to investigate computer crimes
b) There are missing mechanisms of control and there are anonymous communications
c) Low understanding of cyber laws among key stakeholders
d) Very few cyber-crime training experts’ local capacity is not being developed and empowered to
help government
e) Lack of harmonization of laws. Etc

3.0 Conclusion
Overall, cyber security capacity in Uganda lies between an initial and formative stage of maturity.
This expresses a state of maturity where some features have begun to grow and be formulated,
but may be ad-hoc, while these can be clearly evidenced.

4.0 Assignment
a) Discuss in detail the challenges in implementing cyber laws in Uganda

5.0 References.
a) Cyber law by Isaac Lubogo Christopher

MODULE 8: :ELECTRONIC CONTRACTS AND ELECTRONIC TRANSACTIONS / ELECTRONIC


COMMERCE ........................................................ Error! Bookmark not defined.

UNIT 1 :HISTORY OF E- COMMERCE............ Error! Bookmark not defined.

1.0 Introduction
Electronic commerce is the buying and selling is the buying and selling of goods and services or
transmitting of funds or data over an electronic network, primarily the internet. It is a type of e-
business that features online sale transactions made using mobile devices, such as smart phones,
and tablets. The term e- commerce and e-business are often used interchangeably. It includes
mobile shopping, mobile banking, and mobile payments.

2.0 Main content


The beginning of E- commerce can be traced to the 1960s when business started using EDI to
share business documents with each other companies. In 1979, the American National Standards
Institute developed ASCX12 as a universal standard for businesses to share documents through
electronic networks
After the number of individual users sharing electronic documents with each other grew in the
1980s, the rise of the e Bay and Amazon in 1990s revolutionized the e-commerce industry.
Consumers can now purchase endless amounts of items online, from e-trailers, typical brick and
motor stores with e- commerce capabilities.

3.0 Conclusion
The legal regime in Uganda governing electronic contracts is the; The Electronic Transactions Act,
No. 8 of 2011, the Electronic Transactions Regulations, the Electronic Signatures Act, No.7 of
2011, the Electronic Signatures Regulations, The Contracts Act, 2010.

4.0 Assignment
Discuss the history of E-commerce in Uganda

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2:TYPES OF E-COMMERCE. ................. Error! Bookmark not defined.

1.0 Introduction
Electronic transactions is defined under section 2 of the Electronic Transactions Act to mean exchange
of information, or data ,the sale and purchase of goods and services between businesses, households,
individuals, governments and other public or private organizations conducted over computer mediated
networks.

2.0 Main Content


a) Business to business. This refers to the electronic exchange of products, services, or
information between businesses rather than between business and consumers. Examples include
online directories and product and supply exchange websites that allow businesses to search for
products, services and information to initiate transactions through e-procurement interfaces.

b) Business to consumer. This is the retail part of e-commerce on the internet. It is when
businesses sell products, services, or information directly to consumers. Examples include Jumia
online shopping and adverts on various social media platforms.

c) Consumer to business. This is a type of e- business in which consumers make their products
and services available online for companies to bid on and purchase. This is the opposite of the
traditional commerce model of Business to consumer

d) Business to administration. This refers to transactions conducted online between companies and
public administration or government bodies. Many branches of government are dependent on e-
services or products in one way or another, especially when it comes to legal documents, registers,
social security, fiscals and employment. Businesses can supply these electronically
e) Consumer to administration. This refers to transactions conducted between individual
consumers and public administration or government bodies. The government rarely buys products
or services from citizens but individuals frequently use electronic means.
3.0 Conclusion
There are however certain hindrances which may be faced in using information and communication
technology in business transactions including, skepticism from consumers, questions on security of
information and uncertainty of legal validity of such transactions.

4.0 Assignment
a) What are the types of e-commerce

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: EVIDENTIAL STATUS OF ELECTRONIC DOCUMENTS AND ELECTRONIC


TRANSACTION.Error! Bookmark not defined.

1.0 Introduction
Originally, the best evidence rule insisted that only an original document could be admitted as evidence
and copies were not allowed. However, this could cause significant hardship if the original had been
lost or destroyed

2.0 main content


a) Read Art.9 of the UNICITRAL model law on Electronic commerce 1996
b) Read section 7 of the act
c) Read Sect.63 of the evidence act cap 6
d) Read Sect.8 of the electronic transactions act
e) Read Sect.29 of the computer misuse act
f) Read sect.49 of the financial institutions act no.2 of 2004
g) Read sect.9 of the elctronic transactions act 2011

3.0 Conclusion
The courts have recognised that a rigid adherence to the best evidence rule is inappropriate in the
context of the accuracy with which copies of originals may now be made.

4.0 Assignment
a) What is the evidential status of electrical documents and electronic transactions in uganda?

5.0 references
a) cyber law by Isaac Lubogo Christopher

UNIT 4: PROTECTING THE INTEGRITY OF ELECTRONIC TRANSACTIONSError! Bookmark not


defined.

1.0 introduction
Information technology is quite prone to manipulation and abuse by its users. Where there are
electronic transactions which mostly involve money, the propensity of abuse naturally increases.

2.0 main content


To nip the vice in the bud, one of the three earlier mentioned key cyber laws specifically provides
mechanisms for this.
a) The 1995 constitution of Uganda as amended, Read: Art.1, Art.29, Art41, Art40(2)
b) The contracts act 2010. Read: Sect10
c) The Anti-pornography act 2014. Read: S.13,14
d) The computer misuse act 2011. Read S.23,12,27
e) The Electronic transactions act. Read Sect.2,15,16,8,7

3.0 Conclusion
4.0 Contracts have become so common in daily life that most of the time we do not even realize that we
have entered into one. Right from hiring a taxi to buying airline tickets online, innumerable things in our
daily lives are governed by contracts. The Indian Contract Act, 1872 governs the manner in which
contracts are made and executed in India. It governs the way in which the provisions in a contract are
implemented and codifies the effect of a breach of contractual provisions.

5.0 Assignment
a) What are the ways of protecting the integretity of electronic transactions?

6.0 References
a) Cyber law by isaac Lubogo Christopher

UNIT 5: ELEMENTS OF A VALID CONTRACT.Error! Bookmark not defined.

1.0 Introduction
The Contract Act is the major law concerning commercial transactions in Uganda. It gives the essential
elements of a contract under section 10. Section 10 defines a contract as an agreement made with free
consent of parties for a lawful consideration and with a lawful object with intentions of being legally
bound.

2.0 main content


The elements a valid contract can be derived from the Contracts Act 2010. They include:
1. Offer and acceptance
2. Intention of parties to form legal relationship
3. Lawful consideration
4. Lawful object
5. Competency of parties
6. Agreements not declared void
7. Impossibility of performance\

3.0 Conclusion
While the rules on formation of contracts are well established in the offline world, there are significant
issues that call for enunciation of legal position in the electronic world.
4.0 Assignment
a) Expalin in detail the elements of a valid contract.

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 6: E-CONTRACTING. ........................... Error! Bookmark not defined.

1.0 Introduction
This is a kind of contract formed in the course of e-commerce by the interaction of two or more
individuals using electronic means.

2.0 main content


One of the key issues of e-contracting is When is a message considered sent or received when it is
transmitted through a different mechanism such as emails?' A message is said to be received by a
designated mail box when it enters the system. If there is no designation it is also deemed received
when the message enters the system of the recipient. If the message is sent to the mail box other than
the one designated, it is received when the receiver retrieves the message.

3.0 Conclusion
There has to be an intention to create lawful relations. The parties must be able to contract and there
must be free and unaffected consent.

4.0 Assignment
a) What is E-contract?

5.0 References
a) Cyber law by isaac Lubogo Christopher

UNIT 7: TYPES OF ELECTRONIC CONTRACTS.Error! Bookmark not defined.

1.0 Introduction
There are a number of types of electronic contracts .

2.0 main content


a) Click-Wrapor “Click-Through” or “Web-Wrap
b) Browse wrap

3.0 conclusion
The contract act requires meeting of minds and the involvement of two parties negotiation is an
underlying presumption. But in case of e-contracts, the minds that meet are minds of the programmed
computer systems.

4.0 Assignment
a) How is an e-contract made?

5.0 References
a) Cyber law by isaac Lubogo Christopher

UNIT 8: WEBSITES AND E-COMMERCE. .... Error! Bookmark not defined.

1.0 Introduction
A website is defined to mean to a set of related web pages located under a single domain name,
typically produced by a single person.

2.0 Main content


There are a few issues a business must consider when it comes to their website:
a) Who will operate the website?
b) Will it be operated on site or off site?
c) What security measures will be employed?
d) How will email be used, and how will privacy be protected?

3.0 Conclusion
It's also important that businesses monitor their IP. A good way to do this is with customer review
websites. These sites can both help you identify areas for improvement and can show you if your IP is
being used without your permission.

4.0 Assignment
a) What is a web?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 9:CUSTOMERS PROTECTION IN ELECTRONIC TRANSACTIONS ACT Error! Bookmark not


defined.

1.0 Introduction
An important part of complying with cyber law is protecting your customer's personal information. This
is true even if your business doesn't have a website. Many customers make use of online review sites
to explain their satisfaction with a company.

2.0 Main content


The use of modern means of communication, including electronic means such as email, in conducting
business is on the increase. This can partly be attributed to increase in technological developments in
the area of information and communication technology and increased access to the internet.

3.0 Conclusion
There are however certain hindrances which may be faced in using information and communication
technology in business transactions including, skepticism from consumers, questions on security of
information and uncertainty of legal validity of such transactions.\

4.0 Assignment
a) How are customers protected in electronic transactions act?

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 10: LEGAL CONSEQUENCES ASSOCIATED WITH ELECTRONIC TRADING Error!
Bookmark not defined..

1.0 Introduction
Electronic trading involves setting up an account with a brokerage of your choice, including providing
your contact and fianncial information
.
2.0 Main content
The law requires that some contracts are in a particular form for example, by deed or in writing. (This is
now covered under the Contracts Act, which defines written contracts to include data message)
There may be doubts as to when the contract was made and, if the parties are in different countries,
which country’s law will apply to the contract.

3.0 Conclusion
The evidential weight of electronic documents must be considered and assessed.

3.0 Assignment
a) What are the benefits of electronic trading?

4.0 References
a) Cyber law by Isaac Lubgo Christopher

UNIT 11: WRITING CONTRACTS................... Error! Bookmark not defined.

1.0 Introduction
Read: section 10 of the contracts act 2010 on definition of a contract.

2.0 Main content


As earlier discussed, written contracts are given equal importance just like electronic contracts. And in
any case written contracts include electronic contracts because section 10 of the Contracts Act is to the
effect that written contracts include those entered into by a data message. And yet electronic contracts can
be commenced by a data message

3.0 Conclusion
Concerning the mode, the Act still recognizes that contracts can be in any form including oral, written
form or partly written and partly oral

4.0 Assignment.
a) What are the conditions of a valid contract?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 12: DISPATCH AND RECEIPT OF A DATA MESSAGEError! Bookmark not defined.

1.0 Introduction
The term dispatch and receipt of a data message are have a significant impact on electronic
commerce and can be considered in conjunction with the common law rules of offer and acceptance
and time of contract formation.

2.0 Main content


Dispatch of a data message occurs when the message leaves the control of the originator. It happens
when the originator clicks the send button. Read Sect. 15, 16, 18 of the electronic transactions act.

3.0 Conclusion
Where a document has actually been received and come to the attention of a person to be served or
provided with the document, then that means that there has been service, provision and receipt.

4.0 Assignment
a) What is a data message?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 13: THE ROLE OF INTERNET INTERMEDIARIES IN ELECTRONIC TRANSACTIONS Error!


Bookmark not defined.

1.0 Introduction
An internet intermediary is an entity which provides services that enable people to use the internet.

2.0 Main content


Intermediation is the process by which a firm, acting as the agent of an individual or another firm,
leverages its middleman position to foster communication with other agents in the marketplace that will
lead to transactions and exchanges that create economic and/or social value. intermediaries are
important actors because their services create network Internet externalities such that the benefits from
using the service increase as diffusion spreads.

3.0 Conclusion
it is important to appreciate that Internet intermediaries may have different and potentially competing
simultaneous roles as intermediaries, end- users and content/service providers.

4.0 Assignment
a) Is the internet an intermediary?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 14: INTERNET ACCESS AND SERVICE PROVIDERSError! Bookmark not defined.

1.0 Introduction
Internet service provider (ISP), company that provides internet connections and services to individuals
and organisations.

2.0 Main Content


ISPs may provide local, regional, and/or national coverage for clients or provide backbone services for
other Internet service providers. ISPs are typically commercial organizations that generally charge their
users - whether households, businesses or governments - a monthly fee on a contractual basis.

3.0 Conclusion
ISPs range from large organizations, with their own geographically dispersed networks, local points of
presence and numerous connections to other such networks (Tier 1 providers - usually large
telecommunications companies), to small providers with a single connection into another organisation's
network

4.0 Assignment
a) What is the difference between access provider and service provider?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 15: WEB E-COMMERCE INTERMEDIARIESError! Bookmark not defined.

1.0 Introduction
Intermediation is the process by which a firm, acting as the agent of an individual or another firm,
leverages its middleman position to foster communication with other agents in the marketplace that will
lead to transactions and exchanges that create economic and/or social value.

2.0 Main Content


Web e-commerce intermediaries connect buyers and suppliers and enable Internet transactions
between them. They provide a range of often bundled services such as fixing prices, transaction
processing and co-ordination, quality guarantees, monitoring, as well as, in some cases, stock
management.
3.0 Conclusion
An Internet transaction is the sale or purchase of goods or services, whether between businesses,
households, individuals, governments and other public or private organisations, conducted over the
Internet.

4.0 Assignment
a) What are the different types of online intermediaries?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 16: E-COMMERCE PAYMENT SYSTEMSError! Bookmark not defined.

1.0 Introduction
An e-commerce payment system is one that facilitates the acceptance of electronic payment for offline
transfer.

2.0 Main content


E-commerce payment systems generally include: i) payment systems that rely on a credit or bank
account to enable e-commerce transactions (e.g. Visa, MasterCard); and ii) payment systems provided
by non-bank institutions operating on the Internet and that are only indirectly associated with a bank
account (e.g. PayPal).

3.0 Conclusion
Banks now serve as Internet payment portals, transferring payments between payers, payees and their
account-holding institutions, and also transferring payments between buyers and sellers who transact
through Internet retail storefronts and through online auction sites.

4.0 Assignment
a) What are the advantages of electronic payment system?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 17: ROLE OF INTERNET INTERMEDIARIESError! Bookmark not defined.

1.0 Introduction
Intermediation is the process by which a firm, acting as the agent of an individual or another firm (a
buyer or seller), leverages its middleman position to foster communication with other agents in the
marketplace that will lead to transactions and exchanges that create economic and/or social value.

2.0 Main content


There are a number of roles that an intermediary can play that lead to the creation of value. They
include: aggregation of information on buyers, suppliers and products; facilitation of search for
appropriate products; reduction of information asymmetries through the provision of product and
transactional expertise; matching buyers and sellers for transactions; and trust provision to the
marketplace to enhance transact ability.

3.0 Conclusion
To fulfill these functions over the Internet, different types of intermediaries have developed and include:
access and storage providers, marketplace exchanges, buy/sell fulfillment, demand collection systems,
auction brokers, virtual marketplaces, as well as search-engines, advertising networks, web
aggregators, news syndicators or social networking sites

4.0 Assignment
a) What are internet intermediaries?
5.0 Conclusion
a) Cyber law by Isaac Lubogo Christopher

UNIT 18: NETWORK EXTERNALITIES ........... Error! Bookmark not defined.

1.0 Introduction
Network externalities have been defined as a change in the benefit, or surplus that an agent derives
froma good when the number of other agents consuming the same kind of good changes.

2.0 main content


By nature, new Internet services create network externalities (or network effects) such that the benefits
from using the service increase as diffusion spreads. In other words, the value that one user receives
from a product increases with the number of other users of that product. Once a critical mass of users
is reached, a virtuous process of demand for the service is initiated

3.0 Conclusion
Therefore, building a critical mass of users is crucial to most Internet intermediary business models

4.0 Assignment
a) How many types of network externalities are there?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 19: TWO-SIDED MARKETS.................... Error! Bookmark not defined.

1.0 Introduction
A two-sided market exists when both buyers and sellers meet to change a product or service, creating
both bids to buy and offers(asks) to sell.

2.0 main content


Two-sided markets result in intermediaries that supply both sides of the market, that adopt particular
pricing and investment strategies to get both sides of the market to participate, and that adopt particular
pricing and product strategies to balance the interests of the two sides.29 In a two-sided market, an
intermediary platform internalizes the inter-group network externalities, e.g. the fact that the volume of
advertising generated by a search engine depends on the number of users on the other side.

3.0 Conclusion
Which market represents the profit-making side and which market represents the loss- leader side
depends on the tradeoff between increasing network size versus growing network value.

4.0 Assignment
a) What are the characteristics of two-sided markets?

5.0 references
a) cyber law by Isaac Lubogo Christopher.

UNIT 20: REVENUE MODELS ......................... Error! Bookmark not defined.

1.0 Introduction
Revenue model is a framework for genertaing financial income. It identifies which revenue source to
pursue, what value to offer, how to price the value, and who pays for the value.

2.0 Main Content


More complex producer-consumer models are emerging where the intermediary platform providers
may have one revenue stream but the producer-consumers have another and there is a symbiotic
relationship between the two. Examples might include application developers on Facebook, vendors in
Second Life, mod-makers in World of Warcraft, or individuals licensing photographs via Flickr.
Read more on Advertising Model.

3.0 Conclusion
The revenue model is a key component of the business model as it is an essential factor for delivering
products or services with high delivering products or services with high margins and funding the
business. Having a well structured business model is necessary for the success of any business
adding value to a product or service for customers.

4.0 Assignment
a) What are the three main types of revenue models.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 21: PRINCIPLES OF ONLINE CONTRACTINGError! Bookmark not defined.

1.0 Introduction
Online contracting has been discussed above as a legal agreement that’s been created, agreed and
signed electronically, and is accessible on the internet via browser based software.

2.0 Main content


The postal contract law provides that written acceptance completes the contract once it has been
posted. This principle is correspondent to the principle of non-discrimination under e- commerce that
there shall be no discrimination made between written documents and electronic data.
Read the cases: a) Bhagwan Das V. Girdharilal Co(1996) 1 SCR 656.
b) Entores Ltd. V. Miles Far East Corporation (1955) 2 QB 327
c) Anupama Purohit V. Make My Trip.com Decided by Consumer Disputes Redressal Forum/ II

3.0 Conclusion
In Uganda, we have a number of laws that attempt to guarantee the consumer some form of electronic
protection.

4.0 Assignment
a) What are the principles of online contracting?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 22: LIABILITY OF INTERMEDIARIES FOR WRONG ACTIONSError! Bookmark not defined.

1.0 Introduction
Intermediation is the process by which a firm, acting as the agent of an individual or another firm (a
buyer or seller), leverages its middleman position to foster communication with other agents in the
marketplace that will lead to transactions and exchanges that create economic and/or social value. The
liability occurs where governments or private litigants can hold technological intermediaries liable for
unlawful content created by users of those services.

2.0 Main content.


The conditions under which they shall be liable are: The Internet Service Provider (ISP) knows, or
has a reason to believe that the information content it is transmitting is unlawful, regardless of the ISP's
knowledge, it benefits directly from the transmission i.e., it receives benefits beyond the indirect benefit that
is receives from internet access fees, the ISP fails to take reasonable steps to determine if the information
content that it transmits is unlawful.

3.0 Conclusion
The ICT laws do not necessary provide that network service providers are liable for every action by
third parties. However, there is an obligation placed on them to ensure that crime is not committed on
their platforms. This platform is highly contentious given the limited control of service providers over
their consumers’ needs and choices.

4.0 Assignment
a) What are intermediary liabilities?

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 23: ADVANTAGES AND DISADVANTAGES OF E- COMMERCE Error! Bookmark not defined.

1.0 Introduction
E-commerce refers to a business model that allows companies and individuals to buy and sell goods
and services over the internet. There are both merits and demerits when using this model.

2.0 Main content


a)Merits
¾ Availability
¾ Speed of access
¾ International reach
b) Demerits
¾ Limited customer services
¾ Security problems

3.0 Conclusion
The validity of click-wrap methods of acceptance is well accepted as equivalent to incorporation of
terms by signature.
4.0 Assignment
a) What are some examples of e-commerce?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

MODULE 9 ......... Error! Bookmark not defined.: ELECTRONIC SIGNATURES Error! Bookmark not
defined.

UNIT 1: INTRODUCTION pg Error! Bookmark not defined.


During the start of mid-19 century, the contracts and business transactions were carried out using
th

telegraph machines; Morse code encryption signature was used to verify the authenticity of the signer.

UNIT 2: DEFINITION OF ELECTRONIC SIGNATURESError! Bookmark not defined.

1.0 Introduction
Electronic signature means data in electronic form, which is attached to other electronic data and which
serves as a method of authentication.
Read section 2,4 of the electronic signatures act 2011\

2.0 Main content


Electronic signature cryptosystem is based on public key cryptography where there is a key pair that
consists of a public key, publicly known, and a private key, only known by the signatory. Other
configurations where the private key is stored in a central key management system for key escrow and
further recovery may be implemented.
Using electronic signature cryptosystem, the signatory can generate a digital signature on certain data
by using his private key. Afterwards, a relying party or verifier can use the public key to verify the digital
signature. Therefore, a digital signature based on public key cryptography can be used to authenticate
the signatory as the signature is created using means that the signatory can maintain under his

3.0 Conclusion
In the context of Internet communications, the thing to be signed, an electronic document, exists more
as a matter of metaphysics than as a physical object.

4.0 Assignment
a) What is another name for electronic signatures?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: THE VALIDITY OF E-SIGNATURES... Error! Bookmark not defined.

1.0 Introduction
It is a fundamental requirement of electronic commerce that the transactions entered into via electronic
communication should be legally binding on the parties.

2.0 Main content


There must be acceptance to an offer made therein2, so electronic signatures are to the effect that they
fulfill this contractual requirement. Acceptance is one person’s compliance with the terms of an offer
made by another person or it is the unconditional consent to the terms of the offer. It is important that
for a contract to be binding, the acceptance is in specific reference to the offer and that the offeree
must accept all the terms of the offer.
Read the case:
a) International Bus MachsCorp v. Johnson
b) Bhagwandas Goverdhandas V. M/s. Girdharilal (1966)
c) L’Estrange v. Graucob Ltd
d) Opia v. Chukia.

3.0 Conclusion
Thence, the requirement of a signature, be it an electronic signature is to authenticate acceptability to
an offer or any transaction

4.0 Assignment
a) What are the four requirements for an electronic signature to be valid?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 4: TYPES OF ELECTRONIC SIGNATURESError! Bookmark not defined.

2
See section 10 of the Contracts Act 2010
1.0 Introduction
Today as virtually every type of transaction moves online, from government recrds to corporate
documents, electronic signatures are becoming a norm.

2.0 Main content


a) Qualified signature
b) Advanced signature

3.0 Conclusion
An electronic signature associates a digital sequence with an electronic document to represent a
handwritten signature on a paper printed document. This digital sequence should be considered similar
to a handwritten signature. In principle, an electronic signature is based on the use of two different
digital keys known as a key pair. Each key pair is made up of a private key and a public key. The two
are interdependent but can be used separately.
4.0 Assignment
a) Discuss in detail the different types of electronic signatures.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 5: FORMATION OF ELECTRONIC SIGNATUREError! Bookmark not defined.

1.0 Introduction
The idea of digital signature uses derived from two concepts namely Asymmetric cryptography and
RSA algorithm.

2.0 main content


Cryptography is an art of transferring data from one point to other in a form than the third party can’t
understand it. The data can be in any form. Cryptography is done by following two basic steps
encryption and decryption. Decryption is converting back the cipher information into the original
information by using a key (or in other words set of rules), this happens in the receivers’ end.

3.0 Conclusion
Digital signature software became a powerful business tool in recent years. It provides ability to sign
online. Documents, contracts, different kinds of form, tax filing can be executed online. This technology
is secure, legally robust, and efficient, and saves all parties time, money, and hassle.

4.0 Assignment
a) What are the characteristics of electronic signatures.

5.0 references
a) cyber law by Isaac Lubogo Christopher.

UNIT6: DIFFERENCE BETWEEN DIGITAL SIGNATURE AND ELECTRONIC SIGNATURE Error!


Bookmark not defined.
1.0 Introduction
Digital signature and Electronic signature are used interchangeably, but they are not same.

2.0 Main Content


Digital signature is one of the kinds of e-signature. Digital signature, electronic signature or the
signature on a paper the old-fashion way, the intention is the same, agreeing with the terms. But they
have different legal weight and a different technological perspective.
An e-signature or electronic signature includes all types of electronically approval methods. It could be
an audio file, graphical stamp, a process, or even pressing the “Agree” button in most of the terms and
conditions tab, etc. It includes simple forms like pressing “place order” to complex forms like biometric
signature.

3.0 Conclusion
Electronic signatures are normally much harder to forge than manuscript signatures. Thus, the only
function that electronic signatures cannot provide is that of making a mark on a document.

4.0 Assignment
a) What is the legal requirement of electronic signatures?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 7: THE ROLE OF ID CERTIFICATES ..... Error! Bookmark not defined.

1.0 Introduction
ID certificates literally mean a certificate that provides authentication of the identitiy claimed.

2.0 Main Content


Where an electronic signature is made on a document, the accompanying ID Certificate provides
evidence from an independent third party that the person named in the certificate did in fact have
access to the unique signature data so long as the public key included in the certificate validates the
signature

3.0 Conclusion
In the absence of evidence from the alleged signatory that some third party forged his signature, a
court should be satisfied by the evidence that the purported signatory was responsible for the
electronically signed document.

4.0 Assignment
Discuss in detail ID certificates

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT8: IMPORTANCE OF ELECTRONIC SIGNATUREError! Bookmark not defined.

1.0 Introduction
Electronic signatures are likely to be used for a wide range of transactions, which have legal
consequences.

2.0 Main Content


The importance include:
a) Formation of contracts
b) Identification purposes
c) Originality of data message

3.0 Conclusion
However, the increase of paper-based processes being transposed into the digital realm makes current
signature policy definition insufficient to cope with the new needs that arise

4.0 Assignment.
a) What is the importance of electronic signatures?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 9: INFORMATION LICENSING ............... Error! Bookmark not defined.

1.0 Introduction
A license is an official permission or permit to do use, or own something.

2.0 Main Content


A subscriber may apply for a license from a certification service provider and the latter upon receiving
such application, shall consider that the applicant has all necessary requirements as stated in the law.
Read sect.25, 26,27,28,35

3.0 Conclusion
Licenses and permits have become so burdensome due to legislation thaty favours the current
establishment of wealthy occupants that they decrease the supply of such occupations which raises
prices for the average consumer.

4.0 Assignment
a) What is the importance of information licensing?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 10: ATTRIBUTION OF AN ELECTRONIC SIGNATURE/ AUTHENTICATION Error! Bookmark not


defined.
1.0 Introduction
An electronic authentication, display, message, record, or performance is attributed to a person if it was
the act of that person or its electronic agent, or if the person is bound by it under agency or other law.

2.0 Main content


The party relying on attribution of an electronic authentication, display, message, record, or
performance to another person has the burden of establishing attribution. The act of a person may be
shown in any manner, including a showing of the efficacy of an attribution procedure that was agreed to
or adopted by the parties or established by law. The effect of an electronic act attributed to a person
under subsection (a) is determined from the context at the time of its creation, execution, or adoption,
including the parties’ agreement, if any, or otherwise as provided by law.

3.0 Conclusion
If an attribution procedure exists, to detect errors or changes in an electronic authentication, display,
message, record, or performance, and was agreed to or adopted by the parties or established by law,
and one party conformed to the procedure but the other party did not, and the nonconforming party
would have detected the change or error had that party also conformed, the effect of noncompliance is
determined by the agreement but, in the absence of agreement, the conforming party may avoid the
effect of the error or change.

4.0 Assignment
a) What do you understand by the term electronic authenication?

5.0 References
a) Cyber law by Isaac Lubogo christopher.

UNIT 11: SIGNING AND VERIFICATION IN DIGITAL SIGNATURE Error! Bookmark not defined.

1.0 Introduction
Verifying a digital signature is the opposite of signing data. Verifying a signature will tell you if the
signed data has changed or not.

2.0 Main content


Read section 18 of the electronic signatures act

3.0 Conclusion
In conclusion, an electronic signature is an important part of contract law as a whole and has a lot in it
that has modernized and standardized today’s business transactions.

4.0 Assignment
a) How are digital signatures generated?

5.0 References
a) Cyber law by Isaac Lubogo Christopher
MODULE 10: THE RIGHT TO PRIVACY AND DATA PROTECTION ………….pg 219

UNIT 1: DEFINITION OF PRIVACY …………pg. 219

1.0 Introduction
Privacy is defined to mean the right not to have one’s personal matters disclosed or publicized.

2.0 Main content


Read the case of r v brown
Article 27 of 1995 constitution of Uganda as amended
Article 17 of the international covenant on civil and political rights
Article 12 of the universal declaration of human rights
Article V of the 1948 American declaration of the rights and duties of man
Article 11 of the American convention on Human rights of 1969

3.0 Conclusion
Privacy concerns have been articulated from the beginnings of large scale computer sharing.

4.0 Assignment
a) What do you understand by the term privacy?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: INTERNET/ONLINE PRIVACY……………….pg 220

1.0 Introduction
Internet privacy involves the right or mandate of personal privacy concerning the storing, repurposing,
provision to third parties, and displaying of information pertaining to oneself via of the Internet. Internet
privacy is a subset of data privacy.

2.0 Main content


Internet privacy is the privacy and security level of personal data published via the Internet. It is a broad
term that refers to a variety of factors, techniques and technologies used to protect sensitive and
private data, communications, and preferences.

3.0 Conclusion
Privacy violations and threat risks are standard considerations for any website under development
Internet privacy is also known as online privacy.

4.0 Assignment
a) What do you understand by the term online privacy?

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 3: PRIVACY ON THE COMPUTER………………….pg 221

1.0 Introduction
Here you will continue to look at the level of privacy protection an individual has while connected to the
internet.

2.0 Main content


Consumer’s private information can be violated through installing software programs, transferring
liability to the computer maker, criminalizing third party data collectors, establishing liability for the
internet websites and companies.

3.0 Conclusion
It has become a growing worry, with browsing history and personal data at increased risk.

4.0 Assignment
a) What are examples of computer privacy?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

Unit 4: PRIVACY AND THE MEDIA/FREEDOM OF EXPRESSION ……pg. 222

1.0 Introduction
Privacy and freedom of expression are intertwined rights in human rights law. They appear together in
international instruments, national constitutions and laws.

2.0 Main content


The rights are mutually supportive. Freedom of expression and freedom of information allow individuals
to investigate and challenge abuses to human rights including violations of privacy. Privacy allows
individuals to work and communicate in a space unhindered by authority. As a practical matter, limits
on privacy affect the ability of the media to operate.

3.0 Conclusion
Privacy and the protection of personal data play a key role for the exercise of fundamental rights in a
broader sense. Many of the fundamental freedoms can only be fully exercised if the individual is
reassured that it is not subject of permanent surveillance and observation by authorities and other
powerful organizations.

4.0 Assignment
a) Discuss the concept of freedom of expression

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 5: PRIVACY AND LAW ENFORCEMENT …………………….pg 223

1.0 Introduction
Information privacy law or data protection laws prohibit the disclosure or misuse of information about
private individuals. Here we look at the state of privacy and personal data protection in Uganda.

2.0 Main content


Uganda has signed and ratified key international human rights instruments which provide for the right
to privacy as a fundamental human right. Read
a) Article 12 of the Universal Declaration of Human rights
b) Article 17 of the international covenant on civil and political rights
c) Article 27 of the 1995 constitution of Uganda
d) Section 4,5 of the Uganda communications act 2013
e) Sect.3 of the technology authority national information act 2009
f) Sect.4,5 of the registration of person’s act 2015
g) Sect 3, 6,8,9,11,12,13,14,15,18 of the computer misuse act 2011
h) Sect. 2,3,5,6,7,8,9,10,11,12 of the regulation of interception of communications act 2010
i) Sect.81,86,87 of the electronics signatures act 2011

3.0 Conclusion
These laws are based on Fair Information Practice that was first developed in the United States in the
1970s by the Department for Health, Education and Welfare (HEW).

4.0 Assignment
a) What are the basic principles of data protection?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 6: GUIDELINES AND ICT STANDARDS …………………pg 230

1.0 Introduction
Besides the use of laws and policies, there are other guidelines and IT standards which are highly
recommended for ensuring privacy. Here you will look into health and genetic privacy, privacy and
government records and databases.

2.0 Main content


The government through National Information Technology Authority-Uganda (NITA-U) calls on
government ministries, departments and agencies (MDAs) to issue a disclaimer alerting users when
they are no longer on a government site and that the site’s own privacy policy applies. Further, MDAs
are called upon to; guard against identity theft, respect privacy of others, choose more secure modes of
communication and to report all cases of abuse or misuse of social media platforms.
Patients of Uganda's overburdened health sector often have little privacy; maintaining confidentiality is
difficult in circumstances where multiple patients are often treated in the same rooms.
The government is engaged in various e-governance initiatives including: the Nationwide ICT
Backbone and e-Government Infrastructure and central government intranet system; the Ministry of
Finance's Integrated Financial Management System (IFMS); the Uganda Revenue Authority's tax filing
system; the Ministry of Health's Health Management Information System; and the Ministry of Public
Service's Integrated Personnel and Payroll System (IPPS).

3.0 Conclusion
It is important to note that what is available impacts data protection and privacy positively and
negatively. In some of the provisions and existing practices, privacy and data protection are upheld
while in some of the legislation, promote the curtailment of data and privacy rights.

4.0 Assignment
a) Discuss the guidelines and Ict solutions

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 7: COMMUNICATION SURVEILLANCE Pg 232

1.0 Introduction
This is literally defined to mean the monitoring, interception, collection, preservation and retention of
information that has been communicated, relayed or generated over communications networks to a
group of recipients by a third party.

2.0 Main content


Communications surveillance is primarily regulated by the Regulation of Interception of
Communications Act (RICA) 2010. Other acts also grant the security services wide-ranging
communications surveillance powers. The power to gather intelligence and conduct surveillance are
concentrated around three institutions: The Uganda People's Defence Force (UPDF), the Uganda
Police Force (UPF), and the Office of the President (State House). You will also look at the examples of
surveillance

3.0 Conclusion
This law gives almost unfettered discretion for state officials to conduct surveillance without the need to
obtain judicial authorization.

4.0 Assignment
a) Discuss the concept of communication surveillance.

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 8: POLICIES AND SECTORAL INITIATIVES CYBER SECURITY POLICY pg 238

1.0 Introduction
Uganda has a national cyber security policy, the National Information Security Policy, published in
2014.

2.0 Main content


The policy outlines the mandatory minimum security controls that must be applied by all public and
private sector organizations that use, own and/or operate protected computers, and handle official
communications and personal data to reduce their vulnerability to cyber threats. The policy also defines
'critical infrastructure' and 'critical information infrastructure'. Uganda also has a National Information
Security Strategy (NISS), according to the National Information Technology Authority (NITA). The
National Information Security Strategy (NISS) does not provide specific actionable directives related to
cyber security.

3.0 Conclusion
As regards privacy, the National Information Security Policy requires all organizations to "Ensure that
remote access solutions, including contracts with IT suppliers, comply with applicable legislative or
regulatory constraints in particular the Official Secrets Act, 1964 and the Access to information
regarding the handling of information, which is likely to prejudice the security of the State or interfere
with the right to the privacy of any other person."

4.0 Assignment
a) Discuss in detail the policies and sectoral initiatives cyber security policy in Uganda

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 9: SURVEILLANCE AND PRIVACY (PHONE-TAPPING AND CCTV) pg 239

1.0 Introduction
The Ugandan government has been investing heavily in CCTV. The number of cameras in the capital
Kampala appears to have increased over the last several years and the government periodically
announces new purchases of CCTV technology, primarily in Uganda's main cities.

2.0 Main content


In 2014, it was reported that a Chinese telecommunications technology company, Huawei, had
donated a multi-tracking system worth US$ 750,000 to the Kampala Capital City Authority of the
Ugandan government. In March 2017, President Museveni announced that new CCTV cameras would
be installed in all major towns of Uganda and along highways following the murder of a senior police
officer. In February 2015, the Ugandan Parliament reportedly spent UGX 28 billion (over US$ 9.8
million) on CCTV cameras and other security measures provided by Chinese technology firm ZTE.
Nevertheless, the police requested a further investment of 203 billion UGX (US$ 43 million) in CCTV in
April 2017

3.0 Conclusion
In early 2017, the Uganda Police Force launched a new smartphone app to encourage citizens to
report crimes. Civil society groups including PI partner Unwanted Witness raised concerns about the
wide range of access permissions the app requires from its users.

4.0 Assignment
a) What do you understand by the term surveillance?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 10: AFRICAN PERSPECTIVES ON DATA PROTCECTION AND PRIVACY pg 240

1.0 Introduction
Privacy and personal and data protection in Africa has gained important relevance at the national,
regional and international levels.

2.0 Main content


Here you will look at some of the African countries with data protection laws. And how such countries
have adopted such laws and their enforcement

3.0 Conclusion
There is also increased demand for mobile telecommunications. Globally, by the end of 2016, two
thirds of the world’s population (4.8 billion) had a mobile subscription. It is expected that by 2020, close
to three of the world population (5.7 billion people) will subscribe to mobile services. By the end of
2016, Sub Saharan Africa had over 420 million mobile subscribers with an equivalent penetration rate
of 43%, a Compound Annual Growth Rate of 6.1% over the five years to 2020 making it higher than the
global average by 50%.

4.0 Assignment
a) Elaborate the African perspectives on data protection and privacy.

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 11: THE ECONOMIC COMMUNITY OF WEST AFRICAN STATES pg 240

1.0 Introduction
The economic community of west African states is a regional group of 15 countries, founded in 1975.
Its mission is to promote economic integration in “all fields of economic activity, particularly industry,
transport, telecommunications, energy, agriculture, natural resources, commerce, monetary and
financial questions, social and cultural matters.

2.0 Main Content


The ECOWAS in 2010 at the 37th session of the authority of heads of state and government adopted
the Supplementary Act A/SA.1/01/10 on Personal Data Protection Within ECOWAS. Among others,
this supplementary Act calls upon member states to establish a legal framework of protection for
privacy of data relating to the collection, processing, transmission, storage, and use of personal data.
Unfortunately, the supplementary Act under 2 places interests of the above privacy and personal data
protection rights of the individual, a fact that may undermine the enjoyment of individual rights at the
whims of the member states.

3.0 Conclusion
It is important to note that despite the provisions in the above instruments, the instruments are not
binding on ECOWAS member states but only offers guidelines on the ideal state of enjoyments of
privacy and personal data rights and penalization and associated procedures on cybercrimes
respectively.

4.0 Assignment
a) What role does ECOWAS play in combating cyber-crimes?

5.0 References
a) cyber law by Isaac Lubogo Christopher.

UNIT 12: THE EAST AFRICAN COMMUNITY pg 254

1.0 Introduction
The east African community is an intergovernmental organization composed of seven countries in the
African great lakes region in East Africa. It provides for cooperation, including the maintenance of a
common market and operation of common services between the different countries.

2.0 Main content


The EAC has not adopted specific legislation on data protection and privacy. However, it has a
Framework for Cyber laws developed in 2008 to guide the member states on regional and national
processes facilitating a harmonised legal regime on electronic commerce and curbing unlawful
conduct. The framework law calls for member states to enact laws that protect personal data.
Nevertheless, it is a framework that creates no binding obligations or measures for EAC member
States.

3.0 Conclusion
Implementation of the respectively presented legislation in the RECs is subject to the choice of a given
member states. While the vision of regional efforts is to ensure that the individual is guaranteed privacy
and personal data protection, this aim is watered down by the sovereignty doctrine of member states.

4.0 Assignment
a) How has the East African community combated the aspect of data protection and privacy?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 13: AFRICAN STATE INITIATIVES pg 245

1.0 Introduction
Here you will look at how the different African countries have recognized the right to individual privacy
in their national constitutions as a fundamental human right.

2.0 Main content


Here you will look in the preamble to the AU Convention on Cyber security and Personal Data
Protection, para 6 inter alia that; “considering that the establishment of a regulatory framework, -
security and personal data protection takes into account the requirements of respect for the rights of
citizens, guaranteed under the fundamental texts of domestic law…”.

3.0 Conclusion
African Union member states have been fast on narrowing the space within which privacy is enjoyed
online by enacting legislation that limit freedom of expression, freedom of association and access to
information with little regard to the provisions of international human rights instruments.

4.0 Assignment
a) How have the African states combated the aspect of data protection and privacy?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 14: COMPARATIVE ANALYSIS WITH OTHER COUNTRIES. Pg 247


1.0 Introduction
Here you will look at the different laws adopted by the African laws. The different cyber laws used in the
country and their enforcement.

2.0 Main content


You will look at countries like Botswana, democratic republic of Congo, Zambia, Zimbabawe, Rwanda
etc.

3.0 Conclusion
Rwanda, Zimbabwe and the Democratic Republic of Congo are considered to be having very restrictive
and delimiting legal regimes.

4.0 Assignment
a) Discuss in detail on the laws used in the countries mentioned therein have been adopted and are
such laws enforced.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 15: CIVIL SOCIETY AND PRIVATE SECTOR INITIATIVES pg 248

1.0 Introduction
Here you will look at role of the Civil Society Organizations (CSOs), the private sector, and the
academia on how they have ensured checks and balances in governance at the national, sub-regional,
regional and international levels.

2.0 Main content


They instrumentally influence transparency and accountability in key political decisions, including
legislative, social, political and economic undertakings as well as human rights promotion and
protection.

3.0 Conclusion
Despite the contributions by CSOs and private sector, they often labelled and branded as supporters of
opposition and saboteurs of government activities.

4.0 Assignment
a) Discuss civil society and private sector initiatives on combating cyber-crimes.

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 16: EUROPEAN PERSPECTIVES OF DATA PROTECTION THE RIGHT TO DATA PROTECTION
pg 251

1.0 Introduction
Here you will look at the European Union Treaties and in the European Union Charter of Fundamental
Rights for data privacy and protection.

2.0 Main content


Here you will look at the data protection law, data protection in practice, independence, cross border
data protection in line with the two European laws provided.

3.0 Conclusion
Data protection laws are national but in the online environment, data does not respect borders. Cross-
border cooperation and agreements to deliver effective data protection are essential, particularly if the
EU is to maintain its values and uphold its principles. To achieve this, the EDPS regularly interacts with
EU and international DPAs and Regulators to influence and develop cross-border enforcement.

4.0 Assignment
a) Discuss the European perspectives of data protection and the right to data protection.

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 17: PRIVACY, DATA PROTECTION AND SECURITY ……….pg 254

1.0 Introduction
Here you will look at privacy, data protection and security in line with the European union weighing the
same with other public interests.

2.0 Main content


In the European Union, privacy and data protection are not absolute rights and can be limited under
certain conditions according to the EU Charter of Fundamental Rights. The rights to privacy and data
protection may need to be balanced against other EU values, human rights, or public and private
interests such as the fundamental rights to freedom of expression, freedom of press or freedom of
access to information.

3.0 Conclusion
The scale of collection, storage and cross-border exchange of personal data between Member States
in crime and terrorism matters is enormous. The increased access to European databases as well as to
commercial data for law enforcement purposes are challenging the balance between privacy and
security.

4.0 Assignment
a) Discuss how you understand the aspect of privacy, data protection and security in line with cyber
laws and the European union.

5.0 References
a) Cyber law by Isaac Lubogo Christopher.
UNIT 18: DATA PROTECTION LAW pg 256

1.0 Introduction
Protection of database and associated rights is gaining traction in Uganda. The vast volume and
deluge of data available with the Business Processing Offices in Uganda from jurisdictions which have
stringent database protection laws have increased the awareness and need for adequate protection of
personal data through domestic legislation or international commitments.

2.0 Main content


Database security refers to the collective measures used to protect and secure a database or database
management software from illegitimate use and malicious threats and attacks. Database security is
generally planned, implemented and maintained by a database administrator and or other information
security professional. Data protection is about protecting any information relating to an identified or
identifiable natural (living) person, including names, dates of birth, photographs, video footage, email
addresses and telephone numbers.
Look at the data protection and privacy act 2019

3.0 Conclusion
Database protection is essential to any company with any online component. Sufficient database
security prevents data bring lost or compromised, which may have serious ramifications for the
company both in terms of finances and reputation.

4.0 Assignment
a) What is a data base server?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 19: DATA PROTECTION PRINCIPLES ……………….pg 260

1.0 Introduction
Personal Data is defined in the Law as, “Any Data referring to an Identifiable Natural Person” and
Sensitive Personal Data is defined as, “Personal Data revealing or concerning (directly or indirectly)
racial or ethnic origin, communal origin, political affiliations or opinions, religious or philosophical
beliefs, criminal record, trade-union membership and health or sex life.

2.0 Main content


Read section 2 and 3 of the data protection and privacy act 2019

3.0 Conclusion
Under data protection, every organization (data controller) that processes personal information
(personal data) must notify the relevant authority, unless they are exempt in any case where data is or
has been processed. Failure to notify is a criminal offence.

4.0 Assignment
a) Discuss the data protection principles.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 20: DETAILS ON DATA PROTECTION PRINCIPLES …….pg 263

1.0 Introduction
Here you will look at the different data protection principles.

2.0 Main content


They include:
a) Fair, lawful and transparent
b) Purpose limitation principle
c) Principle of minimization
d) The principle of necessity
e) The principle of relevancy
f) Accuracy
g) Storage limitation
h) Integrity and confidentiality
i) Accountability

3.0 Conclusion
The data protection principles apply to the data controller, which the general data protection regulation
defines as “natural or legal person, public authority, agency or other body which determines the
purposes and means of the processing of personal data.

4.0 Assignment
a) Discuss in detail the principles of data protection.
b) What do you understand by the principle of necessity?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 21: CONSTRAINTS ON DATA PROCESSING……….pg 275

1.0 Introduction
A constraint is a limitation that you place on the data that users can enter into a column or group of
columns. Here you will look at the rules enforced on the data columns of a table.

2.0 Main content


Here you will look at part 3 of the data protection and privacy act 2019. Specifically, section 7 to 19.

3.0 Conclusion
There are limits to data processing. Any data processing should be done within the established law

4.0 Assignment
a) What do you understand by contraints on data processing?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 22: THE RIGHTS OF THE DATA SUBJECTS AND THEIR CONFLICTING RIGHTS……….pg 276

1.0 Introduction
Data subject refers to any individual, person who can be identified, directly or indirectly via an identifier
such as a name,an ID number, location data or via factors specific to the persons physical,
physiological, genetic,mental economic, cultural or social identity. Here you will look at the rights of the
specific subjects and their conflicting rights.

2.0 Main content


You will look at section 24-28 of the data protection and privacy act 2019. It is important to bear in mind
that the data which is subject to these rights may constitute the personal data of more than one data
subject and the rights of data subjects may conflict with one another. The GDPR does not give
automatic priority to one data subject’s rights over another’s and a balancing exercise will have to be
undertaken on case by case basis.

3.0 Conclusion
Opinions recorded by healthcare staff about a patient in that patient’s care record constitute personal
data of the patient. However, they are also likely to be regarded as the personal data of their author,
whose rights will need to be considered in any processing decision.
The controller’s responsibility to exercise the subject’s rights
Read the GDPR act

4.0 Assignment
a) Discuss the rights of data subjects and their conflicting rights
5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 23: DATA PROCESSING IN EMPLOYMENT RELATIONS……. pg 281

1.0 Introduction
Employers always collect data from Employees before offering them jobs.

2.0 Main content


However, Sometimes the way of data collection raises issues and challenges and new risks for workers
thus a need on the legal framework.
The history of data collection in the Employment sector was taken by the Council of Europe Convention
of 1981 and this convention was followed by a directive 94/46/EEC that required all European Union
members to protect fundamental rights and freedoms of natural persons and in particular the right to
privacy with respect to processing of data.

3.0 Conclusion
In Africa it was in 2014 when the African Union recognized the need to regulate data and introduced
the Convention On Cyber Security and Personal Data Protection. Uganda is one of the few countries
that have ratified to it.
Read Article 27 of the 1995 constitution
Section 6 and section 16 of the employment act
Article 15 of the DPPA
Section 17 and section 18 of the computer misuse act

4.0 Assignment
a) Discuss the aspect of data processing in the employment relations

5.0 References
a) Cyber law by Isaac Lubogo Christopher
b)

MODULE 11: CYBER CRIME …………………pg 284

UNIT 1: INTRODUCTION

1.0 Introduction
Cyber-crime is defined by the black’s law dictionary to mean a crime involving the use of computer,
such as sabotaging or stealing electronically stored data.
2.0 Main content
Cybercrime is the most prevalent crime playing a devastating role in the Modern world. Not only the
criminals are causing enormous losses to the society and the government but are also able to conceal
their identity to a great extent.2 There are number of illegal activities which are committed over the
internet by technically skilled criminals.

3.0 Conclusion
In Uganda, the advent and development of ICT came with new crimes and this provided a platform for
the commission of existing crimes such as fraud, terrorism, money laundering, murder and theft.
Although these crimes could be prosecuted under the Penal Code Act, ICT related crimes such as
hacking and theft of computer programs or software poised a challenge to the legal system, hence the
need to enhance cyber security.

4.0 Assignment
a) What do you understand by cyber-crime?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: LEGAL FRAMEWORK ON CYBERCRIME

1.0 Introduction
This study investigated the adequacy of the Cyber-crime legal framework in Uganda. Special attention
was given to elements of cyber-crime. This chapter presents the background to the study, the
statement of the problem, objectives of the study, research question, scope of the study, significance of
the study, justification and operational definition of terms and concepts.

2.0 Main content


You will look at the
a) Anti-terrorism act 2002 specifically section 9
b) The National Information Technology Authority, Uganda Act, 2009, sections 3 to 5
c) The Regulation of Interception of Communications Act 2010 sections 1 to 4
d) The electronics signatures act 2011, section 2
e) The computer misuse act 2011
f) The electronic transactions act 2011, section 29
g) The Uganda communications act 2013, section 4 to 8
h) The anti-pornography act 2014, sections 13 to 14

3.0 Conclusion
This study investigated the adequacy of the Cyber-crime legal framework in Uganda.

4.0 Assignment
a) Discuss the effectiveness of the cyber legal frame work in Uganda.
5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: INSTITUTIONAL FRAMEWORK ON CYBERCRIME

1.0 Introduction
The institutional framework is a set of formal organizational structures, rules and informal norms for
service provision. Such framework is the precondition for the successful implementation of other
sanitation and water management intervention tools and therefore needs to be considered in particular.
Here you will look at the different organizations that have helped in the implementation of the different
cyber laws in the Uganda

2.0 Main content


These organizations include:
a) The Ministry of Information Communication Technology
b) The Uganda Communications Commission
c) The National Information Technology Act-Uganda (NITA-U)
d) The Uganda Police Force
e) The Judiciary
f) Computer Emergency Response Team (CERT)

3.0 Conclusion
The Uganda Communications Commission (UCC) has set up its own CERT to compliment the national
team. This CERT prowls the Internet to monitor and report hi-tech crime including cyber terrorism,
computer intrusion, online sexual exploitation and cyber fraud. The team also coordinates all other
multi sectorial agencies in this fight against cybercrime; liaises with other law enforcement agencies in
the prosecution of cyber related crimes and collaborates with other regional and international agencies
with similar remits.

4.0 Assignment
a) Discuss how the different organizations have implemented on combating cyber-crime in Uganda.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 4: ELEMENTS OF CYBER CRIME IN UGANDA ………….pg 291

1.0 Introduction
Cyber-crime is defined in the black’s law dictionary to mean a crime involving the use of a computer
such as sabotaging or stealing electronically stored data. Here you will look at the elements of cyber-
crime in Uganda.
2.0 Main content
These include:
a) Illegal access
b) Illegal data acquisition
c) Illegal interception
d) Data interference
e) System interference
f) Erotic or pornographic material
g) Illegal gambling and online games
h) Fraud and computer relating crimes
i) Misuse of devices

3.0 Conclusion
Cybercrime has only the third highest incidence rate in Uganda at 31% (tying with Asset
Misappropriation), it continues to be one of the biggest potential threats to organizations in the future.
At 30%, Cybercrime scored the highest among Uganda's respondents as the form of economic crime
likely to be most disruptive to their organizations in the next 24 months, both monetarily and otherwise.

4.0 Assignment
a) Discuss in detail the elements of cyber-crime in Uganda

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 5: WEAKNESS OF UGANDA’S CYBER LAW IN CURBING CYBER CRIME…………pg 297

1.0 Introduction
Here you will look at the factors that have hindered the development of cyber law enforcement in
Uganda.

2.0 Main Content


Here you will look at the gaps in the various legislative laws that govern the use of cyber. These
include:
a) The mobile network operators have no obligations to report or disclose info on mobile money
services to Bank of Uganda (BOU) as a regulator. All these are gaps that are clearly visible in the
Ugandan legal framework.
b) There is a general lack of capacity among the police and other law enforcement agencies to detect,
investigate and assist in prosecution under the Computer Misuse Act 2011.
c) There is lack of capacity and funding to enable special skills training required to counter the ever
evolving and increasing cyber-crime nationally and globally. Uganda does not have adequate data
protection laws.

3.0 Conclusion
Cyber security capacity in Uganda lies between an initial and formative stage of maturity. This
expresses a state of maturity where some features have begun to grow and be formulated, but may be
ad-hoc, while these can be clearly evidenced.

4.0 Assignment
a) Identify the gaps in the Uganda Legislative laws in combating cyber-crime.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 6: SOLUTIONS TO THE PROBLEMS ………………pg 302

1.0 Introduction
Here you will look at the measures to be taken in combating the weakness of Uganda’s cyber law

2.0 Main Content


These include:
a) Awareness raising
b) Making available and promoting free of charge protection technology

3.0 Conclusion
In regard to Substantive and Procedural law the parliament of Uganda should amend the Evidence Act
to expressly provide for the admissibility of electronic evidence; amend the Computer Misuse Act to
impose an obligation on citizens/persons to report any incidents of cyber-crime.

4.0 Assignment
a) Discuss how the cyber law weakness can be combated

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 7: CYBERCRIME AND CYBER SECURITY ……pg 303

1.0 Introduction
These are areas that are related to cyber law. Cyber security looks to address weaknesses in
computers and networks.

2.0 Main content


Cyber security policy is focused on providing guidance to anyone that might be vulnerable to cyber-
crime. Here you will look at the scale and nature of computer crime, the different categories of cyber-
crime and categories of crime, the state of cyber-crime in Uganda.
Read: section 2,12,13,14,23 of the computer misuse act, and section 14 of the Anti-pornography act
2014

3.0 Conclusion
With the right to cyber security, businesses and people can protect themselves from cybercrime
4.0 Assignment
a) Discuss the concept of cyber-crime and cyber security.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 8: THE LOOPHOLES IN OBSCENE PUBLICATIONS ………….pg 320

1.0 Introduction
An article is deemed to be obscene if its effect or (where the article comprises of two or more distinct
items) the effect of any one of its items is, if taken as a whole, such as to tend to deprave and corrupt
persons who are likely having regard to all relevant circumstances to read, see or hear the matter
contained or embodied in it.

2.0 Main content


Here you will look at the loopholes in obscene publications and the suggested solutions to obscene
publications.

3.0 Conclusion
Accordingly, it is difficult to ascertain the extent and popularity of the Internet porn business. What is
known is that pornography is comprised of legal as well as illegal elements. Many national
governments are focused on preventing the production, distribution and consumption of pornographic
materials involving children.

4.0 Assignment
a) How are the loopholes in obscene publications being handled in Uganda?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 9: CYBER HARRASSMENT ………………….pg 323

1.0 Introduction
Cyber harassment refers to any intentional, substantial and unreasonable intrusion into the private life
of a person that causes the person to suffer mental distress.
2.0 Main content
Read section 24 of the Computer Misuse Act 2011

3.0 Conclusion
Unlike physical harassment involving face-to-face contact, cyber harassment requires the use of ICT
and is verbal, sexual, emotional or social abuse of a person, group or organization. The cyber
harasser’s primary goal is to exert power and control over the targeted victim(s)

4.0 Assignment
a) Discuss the concept of Cyber Harassment with reference to the Uganda legislative system.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 10: CYBER STALKING ………………….pg 324

1.0 Introduction
Cyber stalking is the use of Information and Communications Technology (ICT) to stalk, control,
manipulate or habitually threaten a child, adult, business or group.

2.0 Main content


Here you will look two different aspects of cyber-stalking, the existing texts on cyber stalking, the
loopholes in cyber stalking and the suggested solutions.
Look at section 26 of the computer misuse act 2011

3.0 Conclusion
Today, cyber -stalking is easier than ever, considering the anonymity provided by electronic
communication. On the Web, it is not difficult to conceal one’s identity or to provide incorrect personal
information. Websites, e -mail, chat rooms, and discussion forums provide stalkers with a variety of
opportunities to harass others. They also offer stalkers access to the private information of their victims.

4.0 Assignment
a) How do you understand by the term cyber-stalking?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 11: OFFENSIVE COMMUNICATION ………………….pg 329

1.0 Introduction
Here you will look at the aspect of communication and what amounts to being offensive communication
2.0 Main content
Legitimate communication occurs where the purpose of a particular electronic communication is
genuine and lawful and occurs between genuinely existing individuals or entities. Where a person
poses as a legitimate or trusted entity or individual and yet seeks to convince another to handover their
personal details or information or any valuable thing, that act is called phishing; it is a form of electronic
fraud.
Look at section 13,15,16,25 of the computer misuse act 2011

3.0 Conclusion
To prove offensive communication, the prosecution must show that the communication was willfully or
stubbornly sent to the complainant, the communication was repeatedly sent to the complainant, the
communication disturbed or attempted to disturb the peace, quiet or right to privacy of the complainant,
the accused was responsible for the said offensive communication.

4.0 Assignment
a) What amounts to offensive communication in Uganda?

5.0 References
a) Cyber law by Isaac Lubogo Christopher.

UNIT 12: UNAUTHORIZED DISCLOSURE OF ACCESS CODE …………….pg 332

1.0 Introduction
This literally means the intentional or unintentional release of PII (personally identifiable information) to
an unauthorized person or untrusted environment.

2.0 Main content


Read section 17 of the computer misuse act 2011

3.0 Conclusion
This happens when someone gains access to a website, program, server,service or other system using
someone else’s account or other methods.

4.0 Assignment
a) What are types of unauthorized disclosure?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 13: ELECTRONIC FRAUD AND UNAUTHORIZED DISCLOSURE OF INFORMATION


pg 334
1.0 Introduction
Electronic fraud is the activity of obtaining money illegally using the internet.

2.0 Main content


Read sections 21, 22 of the computer misuse act 2011
Unauthorized disclosure of information has been discussed above.

3.0 Conclusion
Read section 18 of the computer misuse act 2011

4.0 Assignment
a) Discuss the concept of electronic fraud

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 14: CYBER HOOLIGANISM ……….pg 334

1.0 Introduction
Cyber-hooliganism is defined as a computer network related mischief such as defacing websites or
releasing a virus or worm, without causing serious disruptions for the general population, or without
creating widespread panic or terror.

2.0 Main content


Here you will look at the Computer network related mischief, such as defacing websites or releasing a
virus or a worm, without necessarily causing any serious disruption or widespread panic or terror for
the general population
You will also look at the existing texts on cyber-hooliganism, the loopholes in cyber-hooliganism, the
suggested solutions to loopholes in cyber-hooliganism.

3.0 Conclusion
Cyber-hooliganism is essentially non-violent, but can cause financial losses. For example, the creation
of the I Love You virus or the destruction of the NASA web page were both cyber- hooliganism acts.

4.0 Assignment
a) Discuss the concept of cyber-hooliganism

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 15: HACKING AND ISSUES OF COMPUTER HACKING …….pg 339

1.0 Introduction
The term refers to the unauthorized access of another's computer system

2.0 Main content


Here you will look at who a hacker is and how these intrusions are often conducted. The primary issue
attached to computer hacking stems from an individual’s ability to access crucial or personal
information that is found on a computer network. The ability to retrieve and subsequently tamper with
such information will give way to the potential to commit heinous criminal acts.

3.0 Conclusion
Educational institutions must clearly establish use policies and delineate appropriate and inappropriate
actions to all individuals who access information via a computer.

4.0 Assignment
a) Who is a hacker?

5.0 References
a) Cyber law by Isaac Lubogo Christopher
UNIT 16: IDENTITY THEFT ………….pg 340

1.0 Introduction
Identity Theft is a truly modern crime, being crafted out of the sight of, and often beyond the effective
reach of, the victim.

2.0 Main content


Identity theft is the unauthorized collection and fraudulent use of key pieces of information, such as
social security or driver's license numbers, in order to impersonate someone else. It is carried out by
compromising electronic data systems, obtaining false primary documents, directing mail to new
addresses, obtaining new credit accounts and improperly charging existing ones.
Here you will look at the different categories of identity theft, you will also look at the existing texts on
identity theft

3.0 Conclusion
Combating identity theft is difficult because each state or group of states has a different idea about how
to combat the issue, about how much privacy invasion is allowed under a crime-fighting or civil litigation
plan, and about what system would be useful for regulating and granting jurisdiction.

4.0 Assignment
a) What do you understand by the concept of identity theft?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 17: CYBER TERRORISM ……………………pg 342

1.0 Introduction
Cyber-terrorism entails Attacks and threats of attack against computers, networks, and the information
stored therein, with the objective of intimidating or coercing a government or its people in furtherance of
political or social objectives.

2.0 Main content


Terrorism in cyber-space is generally understood to mean unlawful attacks and threats of attack
against computers, networks, and the information stored therein when done to intimidate or coerce a
government or its people in furtherance of political or social objectives.

3.0 Conclusion
Cyber-terrorism is indeed a grave crime considering the substantial losses that even a single
successful operation can generate. Cyber-space is constantly under assault from cyber-spies, thieves,
saboteurs, and thrill seekers break into computer systems, steal personal data and trade secrets,
vandalize Web sites, disrupt service, sabotage data and systems, launch computer viruses and worms,
conduct fraudulent transactions, and harass individuals and companies.

4.0 Assignment
a) What do you understand by cyber-terrorism?

5.0 References
a) Cyber-law by Isaac Lubogo Christopher

UNIT 18: CYBER WAR ………….pg 348

1.0 Introduction
This entails the deliberate use of information warfare by a state, using weapons such as electro-
magnetic pulse waves, viruses, worms, Trojan horses, etc., which target the electronic devices and
networks of an enemy state.

2.0 Main content


Cyber-War, or information warfare waged over the Internet, basically involves the infiltration and
disruption of an enemy's computer networks and databases, often with the use of weapons such as
viruses, worms, trojan horses and the new electro-magnetic pulse wave weapon. The loop holes and
the suggested solutions to the loop holes.
¾ Read Article 2, Section 4 of the U.N. Charter
¾ Article 51 of the Charter
¾ Article 2, Section 4 and Article 51 of the U.N. Charter, the Definition of Aggression, and
the Non-Intervention Treaty
3.0 Conclusion
The nations of the world must come together in a convention to confront the threat that cyber-war
presents. The conclusion that must be reached is that cyber-war is equivalent to the use of force as
defined by United Nations documents.

4.0 Assignment
a) Discuss the concept of Cyber-war.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 19: BANKING/ CREDIT CARD RELATED CRIMES ……….pg 361

1.0 Introduction
In the corporate world, Internet hackers are continually looking for opportunities to compromise a
company's security in order to gain access to confidential banking and financial information.

2.0 Main content


Use of stolen card information or fake credit/ debit cards are common, bank employee can grab money
using programs to deduce small amount of money from all customer accounts and adding it to own
account also called as salami slicing-commerce/ Investment Frauds. Sales and Investment frauds. An
offering that uses false or fraudulent claims to solicit investments or loans, or that provides for the
purchase, use, or trade of forged or counterfeit securities.
Here you will look at the different banking or credit card related crimes that include sale of illegal
articles, online gambling

3.0 Conclusion
Merchandise or services that were purchased or contracted by individuals online are never delivered.
The fraud attributable to the misrepresentation of a product advertised for sale through an Internet
auction site or the non-delivery of products purchased through an Internet auction site. Investors are
enticed to invest in this fraudulent scheme by the promises of abnormally high profits.

4.0 Assignment
a) How do you understand the concept of bank or credit card related crimes?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 20: DEFAMATION ………….pg 362

1.0 Introduction
Cyber defamation is also called as Cyber smearing. Cyber Defamation occurs when defamation takes
place with the help of computers and / or the Internet.

2.0 Main content


Cyber defamation occurs when someone publishes defamatory matter about someone on a website or
sends e-mails containing defamatory information to all of that person's friends. Information posted to a
bulletin board can be accessed by anyone.
Here you will look at the ingredients of defamation, the mode of publication, the different approaches
and methodologies

3.0 Conclusion
Many researchers and computer forensic investigators argued different steps and approaches taken
when conducting a computer crime investigation. Nevertheless, the majority agrees that the bold steps
included in such an investigation include: securing the suspected computer, securing the potential
evidence, collecting evidence, analyzing evidence and lastly preparing and presenting the evidence.
May (2002), suggests some preliminary steps that must be considered before conducting an
investigation.

4.0 Assignment
a) What is cyber-defamation in relation to case law

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 21: CYBER SECURITY STRATEGIES …………pg 376

1.0 Introduction
Besides understanding cyber law, organizations must build cyber security strategies.

2.0 Main content


Cyber-security strategies include:
a) Eco-system
b) Framework
c) Open standards
d) Strengthening regulation
e) IT Mechanisms
f) E-Governance
g) Infrastructure

3.0 Conclusion
A cyber security strategy is a plan of actions designed to improve the security and resilience of national
infrastructures and services hence the use of the various cyber-security strategies.

4.0 Assignment
a) Discuss in detail the various cyber security strategies.
5.0 References
a) Cyber law by Isaac Lubogo Christopher.

MODULE 12: INTERMEDIARY LIABILITY .......... Error! Bookmark not defined.

UNIT 1: INTRODUCTION ................................. Error! Bookmark not defined.

1.0 Introduction
Intermediary liability refers to when internet intermediaries involved in the transmission processing or
storage of electronic data across on the internet are held liable for unlawful content transmitted or
stored on their networks.

Main content
According to the OECD “internet intermediaries bring together or facilitate transactions between third
parties on the internet. They give access to, host, transmit and index content, products and services
originated by third parties on the internet or provide internet based services to third parties.
Here you will look at
¾ The examples of internet intermediaries
¾ When does intermediary liability occur
¾ Assessing intermediary liability
¾ The need for limitations on liability
¾ Protection for intermediaries
¾ Copyright and digital piracy
¾ The fall and rise of intermediary liability online

2.0 Conclusion
It is inevitable due to the openness of the internet that “some users will post content or engage in
activity that is unlawful or otherwise offensive.”3 Sometimes intermediaries may find themselves legally
liable for content on their networks created by third parties, including content which they did not even
know was on their networks.
It is important to institute proceedings against the intermediary than the user himself. It is easier to
identify an intermediary than a user, and thus easier to bring them before a court for a criminal or civil
offence

3.0 Assignment
a) Discuss the concept of internet intermediaries

3 Center for Democracy and Technology, Intermediary Liability: Protecting Internet Platforms for Expression and
Innovation, (Center for Democracy and Technology, April 2010) p1, https://www.cdt.org/paper/intermediary-
liabilityprotecting-internet-platforms-expression-and-innovation.
4.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: INTERNET ACCESS AND SERVICE PROVIDERSError! Bookmark not defined.

1.0 Introduction
Although the terms Internet service provider and ISP are in universal usage, they are potentially
confusing because they do not necessarily distinguish between the underlying roles of access provider,
host, and others.

2.0 Main content


Here you will look at
¾ Data processing and web hosting providers, including domain name registrars
¾ Internet search engines and portals
¾ The main models of internet intermediary liability
¾ How intermediaries regulate online content

3.0 Conclusion
In this document Internet service providers are generally meant to signify Internet access providers,
which provide subscribers with a data connection allowing access to the Internet through physical
transport infrastructure. This access is necessary for Internet users to access content and services on
the Internet and for content providers to publish or distribute material online.

4.0 Assignment
a) Name any internet service providers that you know

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: INTERMEDIARY LIABILITY IN UGANDAError! Bookmark not defined.

1.0 Introduction
This is provided for under sections 29-34 of the Electronic Transactions Act, 2011

2.0 Main content


Here you will look at aspects like
¾ Liability of a service provider
¾ Information location tools
¾ Notification of infringing data message or activity
¾ Service provider not obliged to monitor data
¾ The evidential status of electronic documents

3.0 Conclusion
It should be noted that intermediaries are subject to liability in accordance with their jurisdiction and in
this case territorial jurisdiction

4.0 Assignment
a) Discuss the liability of intermediaries in line with the ugandan framework

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 4: AUTHENTICITY AND EVIDENCE IN UGANDA Error! Bookmark not defined.

1.0 Introduction

2.0 Main content


Here you will look at section 7, 8,9 of the electronic transactions act
¾ Section 61,63 of the evidence act
¾ Section 29,31 of the computer misuse act
¾ Section 46 of the financial institutions act 2004, Act no. 2 of 2004
Look at cases like
¾ Kalungi Robert v Uganda High court of Uganda (Anti-corruption Division) Criminal Appeal No.41 of
2015
¾ Dian Gf International Ltd V Damco Logistics Uganda Limited, High Court (commercial Division)
Civil Suit No.161 of 2010
¾ Sematimba peter Simon and National Council for higher education V sekigozi Stephen Court
Appeal Election Petition Appeal No. 8 and 10 of 2016

3.0 Conclusion
Information technology is quite prone to manipulation and abuse by its users. Where there are
electronic transactions which mostly involve money, the propensity of abuse naturally increases.

4.0 Assignment
a) Discuss the authencity and evidence in Uganda.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

MODULE 13: LEGAL ASPECTS OF INFORMATION SECURITY SURVEILLANCE …………...pg 428


UNIT 1: DEFINITION OF PRIVACY …………pg 440

1.0 Introduction
Privacy which is very important in a individuals life in the sense that it is the only form of dignity and
pride that any individual has and if no laws made to protect this right people in a surveillance so will see
just become like ‘puppets' in the society whom have no form of control what so ever as to how their
personal data and information are being used and manipulated by the ‘Puppet masters' also known as
the ‘Data controllers' as they please which could be dangerous to individuals in the society.

2.0 Main content


Here you will look at surveillance and how to live in a surveillance society
¾ Surveillance technologies
¾ The negative and positive impact of surveillance on our society.
¾ Also look at Article 8 of the fundamental human rights and freedoms (convention) 1985

3.0 Conclusion
To say we are consciously or unconsciously sleep walking into surveillance society is a question of fact
because frankly speaking individuals in the society go through some form of surveillance in one way or the
other.

4.0 Assignment
a) What do you understand by the term Privacy?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: ISSUES OF PRIVACY IN RELATION TO A SURVEILLANCE SOCIETY ……….pg 441

1.0 Introduction
A surveillance society is a huge area of contention in relation to privacy in the sense that it affects an
individual's privacy in every aspect of their lives.
2.0 Main content
Here you will look at the regulations of privacy and recommendations therein
¾ Look at the case of R v Brown
¾ Leander v Sweden
¾ Campbell v Mirror group Newspapers
¾ Also Article 8 of the European convention on human rights
¾
3.0 Conclusion
As individuals in a surveillance society we need to have the right to preserve our privacy but if our
actions keep on being monitored all the time either by technological or non-technological means of
surveillance this aim cannot be achieved because everything we do in a surveillance society leaves a
trail behind that can be traced back to us and also joint with the fact that our personal data is constantly
being transferred from one data base to another and processed by different processors makes access
to our personal information easy for people.

4.0 Assignment
a) Discuss issues of privacy in relation to a surveillance society
5.0 References
a) Cyber law by Isaac Lubogo Christopher

MODULE 14: CLOUD COMPUTING …………………pg 448

UNIT 1: INTRODUCTION

1.0 Introduction
Cloud computing is the practice of using a network of remote servers hosted on the internet to store,
manage and process data rather than a local server or a personal computer.

2.0 main content


Cloud computing that employs a hybrid, community or public cloud model “creates new dynamics in the
relationship between an organization and its information, involving the presence of a third party: the
cloud provider. This leads to new challenges in understanding how laws apply to a wide variety of
information management scenarios and to the different parties under these various scenarios.
Currently it is very difficult for organizations to survive without the support of information technology,
which enables a great improvement of business competitiveness.

3.0 Conclusion
The legal and regulatory landscape around cloud computing is by no means static.
4.0 Assignment
a) What is cloud computing?

5.0 references
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: CLOUD COMPUTING AND THE INFORMATION SECURITY CONCEPT……………..pg 450

1.0 Introduction
Nowadays, the storage service has evolved considerably, allowing us to store important corporate data
in the clouds. Thus, authorized corporate users access information easily from any location, at any
time, via mobile devices.

2.0 Main content


Cloud computing is a model for enabling convenient, on-demand network access to a shared pool of
configurable computing resources (e.g., networks, servers, storage, applications, and services) that
can be rapidly provisioned and released with minimal management effort or service provider
interaction. (Mell & Grance, 2011, p. 2)
Here you will look at:
¾ Some advantages and risks of cloud computing
¾ Deployment models
¾ Models of service
¾ The services provided by cloud computing companies
¾ The contract of cloud computing
¾ Contractual parties
¾ Object of the contract
¾ conclusion

3.0 Conclusion
Finally, cloud computing is a service offered by a company to natural persons or client companies upon
an atypical contract, which has as its object, services such as storage, processing and backup content,
providing customized applications and others on the server contractor, allowing the client or other
authorized person to have secure access from anywhere, anytime, through any mobile device.

4.0 Assignment
a) Discuss the concept of cloud computing and the information security concept

5.0 References
a) Cyber law by Isaac Lubogo Christopher

MODULE 15: ELECTRONIC GOVERNEMENT SYSTEM ……………….pg 472

UNIT 1: INTRODUCTION

1.0 Introduction
This is a process of public administration and the provision of government services through the use of
information and communication technology. This definition is wide enough to cover the use of facilities
provided by the Internet, intranet and extranet communication systems.

2.0 Main content


The general idea behind such a wide definition is to ensure that the resultant e-government structures
are in a position to facilitate effective public administration within national or local government sectors.
The democracy that is the “mainstreaming of diversity, communication and cooperation approach,” that
is, the idea of rights, freedom and collective intelligence in open and/or virtual spaces.
Here you will look at:
¾ E-participation
¾ Benefits of a cyber-democracy
¾ Over-view of E-government
¾ The types of E-Government structure

3.0 Conclusion
Cyber democracy is a study of the potential for "electronic democracy" through the examination of case
studies in US and European cities and civic projects. It aims to strike a balance between enthusiastic
and dismissive approaches to "electronic democracy." The authors consider the impact of new
technology with regard to the history of broadcasting and communications technology--in particular, the
ways in which the principles and requirements of public service and universal access will, or will not be
maintained.

4.0 Assignment
a) What do you understand by electronic government system?

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: ELECTRONIC GOVERNEMENT (E-GOVERNMENT) IN UGANDA …………………..pg 487

1.0 Introduction
The way of carrying out business in the world today is changing at a very high speed with new
technologies taking a center stage. Both government and the private sector have no alternative other
than to move in that direction and adopt the emerging new technologies to modernize their service
delivery.

2.0 Main content


One of the major problems of developing countries today is the adaptation and adoption of these new
technologies that will enable them utilize their information resources efficiently and effectively to propel
them towards economic growth and development.
Here you will look at:
¾ National E-government policy regulations
¾ Purpose of the national e-government framework for Uganda

3.0 Conclusion
Governments must position themselves to ensure investment in and application of new technologies to
harness the benefits of these technologies.

4.0 Assignment
a) Discuss the concept of Electronic government (E-government) in Uganda.

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: TRANSFORMATION OF THE UGANDAN SOCIETY………………pg 490

1.0 Introduction
The Ugandan society has transformed due to the growth of the legal framework and its enforcement

2.0 Main content


Here you will look at the national efforts to transform society and the economy through harnessing of
ICT
¾ Expected outcomes from e-government implementation
¾ Key initiatives for the adoption of e-government in Uganda (enabling government)
¾ Ongoing/planned e-government initiatives in Uganda
¾ Highlights of Achievements of E-government
¾ Legal aspects of electronic government in Uganda
¾ Challenges
¾ The solutions to the problems

3.0 Conclusion
Have clearly defined Interoperability policy. The e–governance architecture needs to ensure that the
components are scalable and adaptable to the future requirements. It has also to ensure that the Local
architecture fits into the State level and the same into National and Global architecture. Interoperability
is a major criterion while defining the architecture.

4.0 Assignment
a) How has the Ugandan society transformed?

5.0 References
a) Cyber law by Isaac Lubogo Christopher
MODULE 16: INTELLECTUAL PROPERTY ISSUES ……………….pg 502

UNIT1: INTRODUCTION TO INTELLECTUAL PROPERTY LAW …………….pg 502

1.0 Introduction
An important part of cyber law is intellectual property. Intellectual property can include areas like
inventions, literature, music, and businesses. It now includes digital items that are offered over the
internet.

2.0 Main content


Here you will look at:
¾ IP rights related to cyber law
¾ The problem
¾ Existing laws
¾ The loopholes in the intellectual property system
¾ The suggested solutions

3.0 Conclusion
Protecting IP can be difficult over the internet. An example of this would be the popularity of pirated
movies and music. Each business that relies on the internet needs to develop strategies for protecting
their IP. Governments can also take part in this process.
4.0 Assignment
a) Discuss the IP rights related to Cyber law

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 2: INTELLECTUAL PROPERTY LAW AND SEARCH ENGINES …….pg 514

1.0 Introduction
The widespread "search engines" in Internet allow to track down the information scattered through the
web in a very quick way and just by typing simple questions.

2.0 Main content


Here you will look at:
¾ The history of search Engines
¾ Functioning of search engines
¾ Overview of search engine liability
¾ Intellectual property issues
¾ The law on search engine liability
¾ Online advertisements and search engine liability
¾ The summary of search engine liability

3.0 Conclusion
A search engine operator does not create, change, and upload the content on the Internet, it cannot be
held liable for infringement. The individual who creates, changes, and uploads the content on the
Internet (i.e. the content provider) would be the appropriate person to hold liable for infringement. The
search engine operator also does not have any responsibility to monitor content and is not accountable
for infringing the protected content rights of third parties. Therefore, search engine operators are not
liable under criminal or civil law for listing infringing content among search results

4.0 Assignment
a) Discuss the concept of intellectual property law and search engines

5.0 References
a) Cyber law by Isaac Lubogo Christopher

UNIT 3: PROTECTION OF COMPUTER PROGRAMS ………………pg 528

1.0 Introduction
The laws which govern the protection of computer software fall under the domain of intellectual
property.

2.0 Main content


Intellectual property protection is generally granted for the benefit of both creators of the property and
public welfare.
You will look at:
¾ Why computer software is protected?
¾ Copyright law protection of computer programs

3.0 Conclusion
While copyright protection is conferred relatively easily, the scope of protection (and consequently the
monopoly granted) is narrower if compared with that provided by trademarks or even more so patents.

4.0 Assignment
a) What are the three step processes linking the public welfare with intellectual property?

5.0 References
a) Cyber law by Isaac Christopher Lubogo

UNIT 4: PATENT PROTECTION ………………pg 532

1.0 Introduction
A patent literally means a government authority or license conferring a right or title for a set period
especially the sole right to exclude others from making, using or selling an invention

2.0 Main content


A patent is generally granted after completing an examination procedure by a government agency.
Copyright protection of computer software is established in most countries and harmonized by
international treaties to that effect. A patent allows you to forbid anyone to duplicate the functionality of
the program, or any tricks or features in the programs that were invented by you. However, this can be
a very important affair, especially if a court case is necessary to enforce your right.

3.0 Conclusion
If a computer software is merely an algorithm it should not be protected under patents. The term of
algorithm is not defined in the patent act. If the invention is technical in nature it will entitled to get
protection under patents.

4.0 Assignment
a) What do you understand by a patent protection?

5.0 Conclusion
a) Cyber law by Isaac Lubogo Christopher

STATUTES APPLIED IN CYBER LAW.


1. ELECTRONIC TRANSACTIONS ACT 2011………….PG 545
2. ELECTRONIC SIGNATURES ACT 2011…………..pg 578
3. THE COMPUTER MISUSE ACT 2011 …………………..637
4. THE UGANDA COMMUNICATIONS ACT 2013…………663
5. THE NATIONAL INFORMATION TECHNOLOGY AUTHORITY ACT 2009….732
6. THE ANTI PONOGRAPHY ACT 2014 …………………..761
REFER TO
THE LAW OF SPORTS
AND ENTERTAINMENT IN UGANDA
BY ISAAC CHRISTOPHER LUBOGO

TOPIC 1 INTRODUCTION TO SPORTS


ԙ The biography of Games
ԙ The state of Sports in Uganda
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA…. PAGE 1-7

ԙ Comparative Analysis of Sports


ԙ International standards
ԙ Defining Sports Law, sports and sporting standards
ԙ Reasons for the existence of sports law
ԙ Legal intervention in sports law
ԙ Substantive areas of law implicated by sports C8-18

TOPIC 2 SOURCES OF SPORTS LAW

ԙ National sources of sports law (Case of Macedonia)


ԙ Secondary domestic sources
ԙ International sources of sports Law
ԙ Governance of Sport
ԙ theories concerning sports law in Uganda.
ԙ "Sports Law": A Separate Field of Law
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE………………19-30
TOPIC 3 SPORTS AS A HUMAN RIGHTS ISSUE

ԙ Is the right to compete feasible?


ԙ Human rights in question, Human rights and sport
ԙ The right to participate in sports
ԙ The achievement of human rights through sport
ԙ Sport and the human rights of specific classes of persons

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE……32-48

TOPIC 4 Gambling, Integrity at Stake

ԙ The Lotteries and Gaming Act, 2016


ԙ Illegal gambling
ԙ Intercollegiate Athletics and Gambling
ԙ Gambling activities
ԙ Professional Sports and Gambling
ԙ Internet Gambling

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE……49-69

TOPIC 5 Contract and Agency law of sports


ԙ a contract
ԙ Agents and agency law in sports

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE……70-80


TOPIC 6 THE UGANDAN LEGAL REGIME ON SPORTS
ԙ Introduction
ԙ A critical analysis of the Physical Activity and Sports Bill of 2018 in
addressing Sports in Uganda
ԙ The legal nature of sporting organizations

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE………81-101

TOPIC 7 OLYMPIC SPORTS AND OTHER INTERNATIONAL SPORTS ORGANIZATION 


Organizational Structure
Olympic Charter
Host City Contract (HCC) 2024(now: Olympic Host Contract (OHC))
Recognition by the IOC
Governance of Olympic games
The legal governance
Reference to the United Nations’ Guiding Principles on Business and
Human Rights.
Selected cases related to human rights issues
Recourse to the general principles of law constituting the Lex sportiva
Sft judgements dealing with the application of human rights by the

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE………102-153

THE ANTI-DOPING IN SPORTS LAW

ԙ Doping in sports

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA


PAGE…………………………………………………………154-174
TOPIC 8 TORTS AND NEGLIGENCE IN SPORTS

ԙ Proof of negligence and the standard of proof


ԙ Defenses, Negligence in sports, Participant Negligence
ԙ The tort of negligence
ԙ Liability of participants, Liability insurance
ԙ Waiver and release of liability
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE…175-212

TOPIC 9 INTELLECTUAL PROPERTY AND IMAGE RIGHTS IN SPORTS 

ԙ Trademark
ԙ National laws, International laws and treaties
ԙ Unregistered marks and Registered marks
ԙ Procedures for registered marks and Removal of trademark
ԙ Enforcement and Remedies
ԙ Ownership changes and right transfers
ԙ Related rights and Online issues
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE.... 223-224
Remedies for Infringement
Trademark law
The Lanham Act of 1946
Service Marks and Collective Marks
Identification Function of a Trademark
Secondary Meaning
Trademark Infringement
Ambush Marketing
Trademark Law and Nicknames
Trademark Law and the Olympics
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE....225-254
Copyright law, Copyright law; a case of USA
Copyright Law and the Internet
Image rights and the right of publicity
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE....255-279

TOPIC 10 Discrimination in Sports


The Case of Oscar Pistorius
The Case of Caster Semenya
The Case of the Women Ski-Jumpers
Legal theories in gender discrimination cases,Title IX
ԙ Equal Rights Amendments
ԙ Gender discrimination cases involving individual athletes
ԙ Men’s Team, No Women’s Team, Contact Sports
ԙ Women’s Team, No Men’s Team, Women’s Teams and Men’s Teams
ԙ Separate but Equal
ԙ Contact Sports
ԙ Noncontact Sports
ԙ Varsity Sport versus Club Sport

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE....280-306

TOPIC 11 ARBITRATION

ԙ NFL Procedure (Article IX and X, Basic Agreement)


ԙ Grievance Procedures in Professional Sports
ԙ Unlawful Discharge
ԙ Salary Arbitration
ԙ Agent-Athlete Dispute Resolution
ԙ Agent-agent litigation and arbitration, Protecting arbitration
ԙ The case, Conclusion
THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE……3O7-325

TOPIC 12 HEALTH ASPECTS


ԙ Physical activity and fitness tips
ԙ Benefits and risks of physical activity and sedentary behavior
ԙ Health risks of sedentary behavior
ԙ Levels of physical activity globally
ԙ How to increase physical activity
ԙ WHO action towards achieving physical activity

THE LAW OF SPORTS AND ENTERTAINMENT IN UGANDA PAGE…326-338

References ...................................................................................... 339


OIL AND GAS LAW
IN UGANDA

OIL AND GAS COURSE


DESCRIPTOR

BY ISAAC CHRISTOPHER LUBOGO

Isaac Christopher Lubogo


TEL: 256-0774-694058, 0700-643472
P.O.BOX 5260 Jinja, Uganda, East Africa
E-mail: lubogoisaac@yahoo.com, lubisaac@gmail.com

ϭͮW Ă Ő Ğ
OIL AND GAS COURSE DESCRIPTOR

TOPIC 1 HISTORICAL BACK GROUND OF OIL AND GAS

x The large oil companies up until the first world war, early competition
x Between the wars (1): the role of the state
x Between the wars (2): cooperation and competition between oil companies.
x New entrants into the oil sector
x Developments in the U.S.: quotas, isolation of U.S. market
x Early signs of the oil shock, The first oil shock
x Second oil shock, weakening of opec and fall in prices
x The twenty first century: sustained high prices
x High oil PRICES; how do they affect demand
x High oil prices; how do they affect supply
x New oil nationalism, prices in the future years
x Understanding oil and gas in Uganda, The difference between oil and gas

THE LAW OF OIL AND GAS IN UGANDA PAGE …………………………..…1-48

TOPIC 2 STATE OF OIL AND GAS INDUSTRY IN UGANDA

x The large oil companies up until the first world war, early competition
x Between the wars (1): the role of the state
x Between the wars (2): cooperation and competition between oil companies.
x New entrants into the oil sector
x Developments in the U.S.: quotas, isolation of U.S. market
x Early signs of the oil shock, The first oil shock
x Second oil shock, weakening of opec and fall in prices
x The twenty first century: sustained high prices
x High oil PRICES; how do they affect demand
x High oil prices; how do they affect supply
x New oil nationalism, prices in the future years
x Understanding oil and gas in Uganda, The difference between oil and gas

THE LAW OF OIL AND GAS IN UGANDA PAGE ……………………………49-72

TOPIC 3 LEGAL REGULATORY FRAMEWORK ON OIL AND GAS

x Uganda’s Regulatory frame work

THE LAW OF OIL AND GAS IN UGANDA PAGE ……………………………49-91

TOPIC 4 ENVIRONMENTAL ASPECTS (Health, safety, the Environment,


ethics)

x Introduction, Reducing Risk


x Taking account of the Environment
x The Stages of Environmental Management: BEFORE DURING and after
x The Integration of Health, Safety and the Environment
x Oil and Ethics, Transparency and Accountability
x State/Public Participation under the Upstream and Midstream Law
x Compliance with Environmental Principles
x Agreements with government under the Upstream Law
x Community development and benefits agreements

ϮͮW Ă Ő Ğ
OIL AND GAS COURSE DESCRIPTOR

x Uganda’s legal and policy frame work regarding Environmental aspects,


human rights, business, healthy, and safety
x Safety and Health in Oil and Gas, Policy Frame Work

THE LAW OF OIL AND GAS IN UGANDA PAGE ………………………….92-131

TOPIC 5 LAND ACQUISATION

x Introduction, Demystifying the oil impression


x The legal framework that governs land acquisition in Uganda
x The impact of government acquisition of land
x Free Prior and Informed Consent (Social License)
x Surface and subsurface rights. The aspect of compensation
x Overaraching issues with land acquisition for oil mining ,conclusion

THE LAW OF OIL AND GAS IN UGANDA PAGE …………………..…….132-172

TOPIC 6 IRONMENTAL AND WASTE MANAGEMENT

x Introduction
x Relevant aspects of the bill
x Environment management
x Management of waste generated from the drilling operations
x How Uganda is prepared to address the potential for oil spills given the
presence of international water bodies in the Albertine Graben

THE LAW OF OIL AND GAS IN UGANDA PAGE …………………………173-183

TOPIC 7 THE RISK MANAGEMENT STRATEGIES IN ENSURING FIRE


SAFETY IN UGANDA’S PETROLEUM INDUSTRY

x Introduction, History of risk management


x The stake holder theory of risk management
x Operations in the oil and gas sector
x Risk management in the oil and gas sector in different countries.
x Causes of fire accidents in the oil and gas industry
x Risk management strategies adopted to prevent and control the fire
hazards. Legal framework adopted to prevent and control fire hazards
x Effectiveness of the risk management strategies
x Challenges faced in the implementation of risk management strategies.
x Solutions to the challenges faced in the implementation of risk
management strategies.
x A comparative analysis of the regulatory frame work of Uganda and
Ghana, Conclusion

THE LAW OF OIL AND GAS IN UGANDA PAGE ………………………….184-219

TOPIC 8 THE PUBLIC TRUST DOCTRINE

x Introduction and Origin of the doctrine


x Background of the Public Trust Doctrine

ϯͮW Ă Ő Ğ
OIL AND GAS COURSE DESCRIPTOR

x Public Trust Doctrine in Uganda


x Remedies in case of violation of the Public Trust Doctrine
x Key cases in Public Trust Doctrine

THE LAW OF OIL AND GAS IN UGANDA PAGE ………………………….220-230

TOPIC 9 INTERGENERATIONAL EQUITY

x Introduction
x Legal Framework on Implementation of principle of Intergenerational
Equity in the Oil and Gas Sector in Uganda
x Evaluation of National Laws, regulations and Policy Framework for
Intergenerational Equity in the Oil and Gas Exploration and Production
Sector in Uganda
x Policy framework in Uganda, Revenue management laws.
x International Legal Framework for intergenerational equity in the gas
exploration and production in Uganda
x Binding International law on implementation of intergenerational equity
x Nonbinding (soft law) principles of Intergenerational Equity
x Solutions to the problems.

THE LAW OF OIL AND GAS IN UGANDA PAGE …………………………231-264

TOPIC 10 OIL CONTRACTING

x Concession regime, The concession regime in Brazil, contract, Licensing


Entry, Licensing
x Recovery of carry costs. Assignment, License, Stabilization clauses,
Rationale for stabilization provisions.
x Modern stabilization mechanisms, Variations
x Effectiveness of stabilization clauses; Conclusion
x Term and phases of a contract
x Economic, fiscal, financial and commercial provisions, Determining the
price of hydrocarbons
x Marketing, Auditing and accounts, Customs regime, Tax incentives
Exchange control
x Production Sharing Agreements (PSA’s)
x The legal framework governing production sharing agreements.
x Model Production Sharing Agreement for Petroleum Exploration,
Development and Production or Petroleum Development and Production
in the Republic of Uganda
x Challenges encountered in using production sharing agreements.
x Lacuna in the Law, The theory of Incentives, Risks and Reward
x Risk Allocation and Contract Risk, Conclusion

THE LAW OF OIL AND GAS IN UGANDA PAGE ………………….....…. 265-355

TOPIC 11 OIL CONTRACTING

x Introduction, Environment, Land Compensation and Security,


x Access to Information, Importance of enforcing local content provisions.
x Applications for license

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OIL AND GAS COURSE DESCRIPTOR

x Procuring goods and services under the concept of local content


x Monitoring and enforcement of local or national content.
x International law regime governing local content
x The terms and conditions of local content under the TRIMS
x The General Agreement on Trade in Services (“GATS”)
x Local Content and the Value Chain
x Salient points from the Uganda National local content Act
x Employment of Ugandan citizens

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….……………...356-377

TOPIC 11 CORPORATE SOCIAL RESPONSIBILITY.

x Introduction, Corporate Social Responsibility in oil and gas


x Benefits of Employing CSR as an Integral Part of Business Strategy of
Oil and Gas Companies

TOPIC 12 OIL AND GAS REVENUE MANAGEMENT

x A comparative analysis of the best practice in other jurisdictions


x Transparency in oil revenue management and sustainable development
x Regime, Taxation
x Institutional Capacity Building for Oil and Gas governance
x The Citizens’ part in the Management of the anticipated Oil and Gas
revenues
x The Permanent Income Hypothesis (PIH)
x Anticipated Transparency and Accountability challenges in the
management of the Oil Revenue
x Anticipated Institutional Capacity bottlenecks for Oil and Gas Revenue
Management
x Anticipated motivations behind citizens’ imminent discontentment with
the management of the oil revenue
x Effect of transparency and accountability on the sustainability of
Uganda’s oil sector development
x Effect of tax administration and contract negotiation on the sustainability
of Uganda’s oil sector and development
x Effect of citizens’ involvement in the oil matters on the sustainability of
Uganda’s oil sector and development, Conclusion;

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….…………………..416

TOPIC 13 CORRUPTION AND CORPORATE

x Introduction
x Problems associated with the resource curse (Oil),Solutions to the Oil /
resource curse
x Regional and International Commitments, The international role in
combatting corruption:
x Challenges encountered in harmonizing the legal framework with the eiti
standard
x The paradox of plenty resource curse, Illicit Financial Flows
x Key Laws on Anti-Corruption

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OIL AND GAS COURSE DESCRIPTOR

x Procuring goods and services under the concept of local content


x Monitoring and enforcement of local or national content.
x International law regime governing local content
x The terms and conditions of local content under the TRIMS
x The General Agreement on Trade in Services (“GATS”)
x Local Content and the Value Chain
x Salient points from the Uganda National local content Act
x Employment of Ugandan citizens

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….……………...356-377

TOPIC 11 CORPORATE SOCIAL RESPONSIBILITY.

x Introduction, Corporate Social Responsibility in oil and gas


x Benefits of Employing CSR as an Integral Part of Business Strategy of
Oil and Gas Companies

TOPIC 12 OIL AND GAS REVENUE MANAGEMENT

x A comparative analysis of the best practice in other jurisdictions


x Transparency in oil revenue management and sustainable development
x Regime, Taxation
x Institutional Capacity Building for Oil and Gas governance
x The Citizens’ part in the Management of the anticipated Oil and Gas
revenues
x The Permanent Income Hypothesis (PIH)
x Anticipated Transparency and Accountability challenges in the
management of the Oil Revenue
x Anticipated Institutional Capacity bottlenecks for Oil and Gas Revenue
Management
x Anticipated motivations behind citizens’ imminent discontentment with
the management of the oil revenue
x Effect of transparency and accountability on the sustainability of
Uganda’s oil sector development
x Effect of tax administration and contract negotiation on the sustainability
of Uganda’s oil sector and development
x Effect of citizens’ involvement in the oil matters on the sustainability of
Uganda’s oil sector and development, Conclusion;

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….…………………..416

TOPIC 13 CORRUPTION AND CORPORATE

x Introduction
x Problems associated with the resource curse (Oil),Solutions to the Oil /
resource curse
x Regional and International Commitments, The international role in
combatting corruption:
x Challenges encountered in harmonizing the legal framework with the eiti
standard
x The paradox of plenty resource curse, Illicit Financial Flows
x Key Laws on Anti-Corruption

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OIL AND GAS COURSE DESCRIPTOR

x Other Agencies Specifically Enforcing the Prevention and Combating of


Corruption in Uganda
x The Petroleum Exploration and Production Department, The Petroleum
Supply Department
x The Petroleum Authority of Uganda (PAU), The National Oil Company
(NOC)
x A Comparative Analysis of Anti-Corruption Regulatory Frameworks in
Selected Oil and Gas Producing Jurisdictions
x Nigeria, Equatorial Guinea, Angola
x The perfect classic example of success; Norway
x Realizing Transparency, The Role of Development Partners.
Regulatory Reform
x Establishing a clear division of decision-making powers across multiple
Ministries/Agencies
x Create an oversight role of Parliament
x Protect appointees’ independence and impartiality by giving them
security of tenure, Give agencies broader investigation powers
x Give agencies the power to impose sanctions or suspend operations when
an agency finds that oil industry actors have violated their contractual or
legal obligations
x Focus capacity building on key institutions, Several regulatory
amendments
x Royalty sharing and the issue of Bunyoro Kitara Kingdom, Institutional
Development
x Dutch disease vaccine, Options for oil revenue management, Powers and
duties of the minister
x Continuation of Licenses, Addressing the issue of Conflict of interest,
Options for oil Institution, Development Community Intervention

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….………….….417-553

TOPIC 15 BY PASSING THE RESOURCE CURSE

x Introduction
x Understanding the oil curse

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….……….….….554-570

x Introduction
x Understanding the oil curse
x Coordination and Resource Curse
x The policy and legal framework for solving the oil curse
x Capacity and institution building, Shocks from fluctuating oil prices,
Roles of departments. Planning of resultant urban centers.
x The Legal Framework, The Current Legal Framework and Its Adequacy
x Strengthening Checks and Balances of Decision-Making Institutions.
x A comparative analysis, features common to all mining states including
Petro states.
x A comparison with other countries. Norway: the story of success

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….……………..571-626

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OIL AND GAS COURSE DESCRIPTOR

TOPIC 18 CONCEPT OF NATURAL GAS

x Introduction
x Understanding the oil curse
x Coordination and Resource Curse
x The policy and legal framework for solving the oil curse
x Capacity and institution building, Shocks from fluctuating oil prices,
Roles of departments. Planning of resultant urban centers.
x The Legal Framework, The Current Legal Framework and Its Adequacy
x Strengthening Checks and Balances of Decision-Making Institutions.
x A comparative analysis, features common to all mining states including
Petro states.
x A comparison with other countries. Norway: the story of success

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….….627-701

x Non-Legal Analysis, Leadership and natural gas development


x Control of corruption and natural gas development
x Transparency and natural gas development
x Revenue collection and natural gas development
x Accountability and natural gas development
x Taxation of gas and natural gas development, Conclusion
x Comparative analysis with other jurisdictions
x Legal and Institutional Framework in Algeria
x Legal and Regulatory Framework in Algeria, Institutional Framework in
Algeria
x Legal and Institutional Framework in Namibia, Legal Framework in
Namibia
x Institutional Framework in Namibia
x Legal and Institutional Framework in Libya
x Exploration and Production Sharing Contracts (EPSA),
INSTITUTIONAL FRAMEWORK IN LIBYA
x Legal and Institutional Framework in Ghana, Legal Framework in Ghana,
Institutional Framework in Ghana
x Challenges of legislating and compliance with domestic laws, national
policy, international and regional legal framework that provides for
standards of gas exploration

THE LAW OF OIL AND GAS IN UGANDA PAGE ……….…702-761

x A comparative analysis of the measures drawn from other jurisdictions in


natural gas production and development, Conclusions
x An impact evaluation of the existing legal/nonlegal framework governing
natural gas development in Uganda

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….762-803

TOPIC 19 ALTERNATIVE DISPUTE RESOLUTION (ADR) MECHANISMS


IN THE EXPLORATION OF OIL AND GAS IN UGANDA

x Causes of the disputes in oil and gas sector


x International Commercial Arbitration
x Laws Governing Dispute Resolution in The Oil and Gas Sector in Uganda.
x The Different Mechanisms of Dispute Resolution in Uganda

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OIL AND GAS COURSE DESCRIPTOR

x The Concept of Alternative Dispute Resolution

THE LAW OF OIL AND GAS IN UGANDA PAGE ………………………….804-827

x Arbitration, Mediation,Conciliation
x Expert Determination, Early Neutral Evaluation835,Mini Trial
x Adjudication, Negotiations. , Hybrid Processes in ADR
x A comparative analysis of Dispute Resolution in the Oil and Gas Sector
of other Countries. Conclusion

THE LAW OF OIL AND GAS IN UGANDA PAGE ……..…………………..828-855

TOPIC 21 THE ROLE OF COURTS IN THE OIL AND GAS SECTOR

x Importance of having formal specialized courts to deal with oil and gas.
x Prospective challenges that the courts will encounter when dealing with
oil related disputes.

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….………….….856-864

TOPIC 22 DECOMMISSIONING OF UPSTREAM OIL AND GAS


FACILITIES

x Introduction, Abandonment or decommissioning


x Decommissioning outlook and activities.
x Liabilities and relevant topical issues concerning decommissioning
x Decommissioning funds and other forms of security
x Progress of international law on decommissioning, The Brent spar
episode
x The Ospar decision 98/3.
x relevant international laws governing decommissioning.
x Decommissioning in national legislation and upstream agreements.
x Overview of national legislation, Challenges and opportunities for the
future
x Current decommissioning projects, activities and technology, The
unfinished business
x Institutional capacity for managing environmental impacts in
Uganda898
x Decommissioning plans in Uganda, International best practice
x Environment Advocacy Policy, Pollution

THE LAW OF OIL AND GAS IN UGANDA PAGE ………………………….865-904

TOPIC 23 AN ANTIDOTE TO THE RESOURCE CURSE: THE BLESSING


OF RENEWABLE ENERGY

x Importance of having formal specialized courts to deal with oil and gas.
x Prospective challenges that the courts will encounter when dealing with
oil related disputes.

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OIL AND GAS COURSE DESCRIPTOR

TOPIC 24 AN ANTIDOTE TO THE RESOURCE CURSE: THE BLESSING


OF RENEWABLE ENERGY

x Importance of having formal specialized courts to deal with oil and gas.
x Prospective challenges that the courts will encounter when dealing with
oil related disputes.

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….…………….905-925

x Legal and Policy Framework for Compliance to Environmental Standards


during Renewable Energy Production
x Institutional Framework for enforcing compliance to Environmental law
standards during Renewable energy production
x Authorities and Agencies, Conclusion

x Barriers to the adoption of Renewable Energy in Africa, Policy and Legal


Barriers
x Overcoming the barriers to the adoption of renewables in Africa
x Going about the – renewable energy initiative, Conclusion

TOPIC 25 THE EAST AFRICAN CRUDE OIL PIPELINE

x Investment license for oil activities in Uganda


x The environmental law impactions on the East African crude oil pipeline
x Principles, Environmental Conclusion

THE LAW OF OIL AND GAS IN UGANDA PAGE …………...958-1000

TOPIC 26 THE WAY FORWARD

x Concerning the Legal Framework,Way Forward on Local Content


x Concerning Land Acquisition
x Way Forward on Oil Exploitation Impacts on Sustainable
Development.1010
x Way Forward on Tax Administration and Contract Negotiation On the
Sustainability of Uganda’s Oil Sector and Development
x Way forward for citizens’ involvement in the oil matters on the
sustainability of Uganda’s oil sector and involvement
x Way forward for the Production Sharing Agreements and Their
Efficaciousness in Guaranteeing a Sound and Optimal Safe Guard for the
Exploitation of Oil and Gas Resources in Uganda
x Concerning the Best Method Preferable for Dispute Resolution in Oil
and Gas Mining and Development
x Recommendations on Planning of Oil Exploration/Production and the
Resource Curse

THE LAW OF OIL AND GAS IN UGANDA PAGE …………...1001-1020

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OIL AND GAS COURSE DESCRIPTOR

REFERENCES

x Statutes
x Secondary Sources
x Internet sources
x Government publications

THE LAW OF OIL AND GAS IN UGANDA PAGE ………….…1021.1047

ϭϬͮW Ă Ő Ğ
COURSE DESCRIPTOR
COURSE DESCRIPTOR FOR THE PSYCHOLOGY OF LAW
ISAAC CHRISTOPHER LUBOGO

MODULE

TABLE OF CONTENTS
MODULE 1 GENERAL PRINCIPLES OF THE PSYCHOLOGY OF LAW
UNIT 1 Introduction of the law of psychology in Uganda
UNIT 2 History of psychology’s relationship to the law
UNIT 3 Role of psychologists in the legal system
UNIT 4 The theories and models of justice and their relationship to
psychology.
UNIT 5 The methods used to study the psychological aspects of the
justice.

MODULE 2 OVERVIEW OF THE PSYCHOLOGY OF LAW


UNIT 1 How psychological disorders affect judicial decisions.
UNIT 2 The relationship of research into moral development to models of
justice
UNIT 3 The relationship of research into sensation and perception on
eyewitness testimony
UNIT 4 The relationship of research into social psychology on the justice
system.

MODULE 3 GENERAL DESCRIPTION


UNIT 1 The relationship of research into human development on children and
youths in the justice system
UNIT 2 The relationship between psychological assessment and profiling and
risk Assessment
UNIT 3 The relationship of research into cultural psychology and
multiculturalism in the justice system
UNIT 4 The relationship of research on human learning and the correctional
services
MODULE 1 GENERAL PRINCIPLES OF THE PSYCHOLOGY OF LAW

UNIT 1 introduction of the law of psychology in Uganda


UNIT 2 History of psychology’s relationship to the law
UNIT 3 The role of psychologists in the legal system
UNIT 4 The theories and models of justice and their relationship to
psychology.
UNIT 5 The methods used to study the psychological aspects of the
justice.
UNIT 1 INTRODUCTION OF THE LAW OF PSYCHOLOGY IN
UGANDA

CONTENTS
1.0 Introduction
2.0 objectives
2.1 Main content
2.2 Law and psychology
2.3 Fields of psychology
2.4 Methods of psychology
2.5 Goals of psychology
3.0 Conclusion
4.0 Summary
5.0 assignments
6.0 references

1.0 INTRODUCTION
This is an introductory unit. It introduces us to the psychology of law and how it should be developed in the
Ugandan court. Laws are human creations that have as their major purpose the resolution of human conflict.
As society changes, new conflicts surface, leading to expansion and revision of the legal system. A
psychological approach focuses on individuals as agents’ withing a legal system, asking how their internal
qualities (personality, values, abilities and experiences) and their environment including the law itself, affect
their behavior.

2.0 OBJECTIVES
By the end of this unit you should be able to:
a) Define the psychology of the law
b) Trace the origin of the psychology of law
c) Describe the legal standards for competency and criminal responsibility
d) Provide an overview of the role of psychology at the sentencing stage of criminal cases

3.0 MAIN CONTENT

3.1 Law and psychology


Definition
The word psychology literally means the science of mind and behavior. Psychology can be defined as the
scientific study of behavior and mental processes. Which behavior can be directly observed and mental
processes cannot be observed. In relation to law, legal psychology is the scientific study of the effect of the
law on people and the effect people have on the law. The psychology of law is used to differentiate this field
of applied psychology from the more theoretically based clinical psychology.

3.2 Fields of psychology


a) Experimental psychology is a general title applied to a variety of psychologists who are trained in
designing and conducting research in specific basic areas like learning, sensation and perception, human
performance and motivation and emotion.
b) Biopsychology is a comparative and ontogenetic perspective in the experimental analysis of basic
psychological processes as they relate to the many ways in which animal species adapt, survive, reproduce
and evolve.
c) Developmental psychology is concerned with growth and development from conception till death.
d) Organizational psychology is concerned with the relation between individuals and work.

(find more on : https://www.slideshare.net/muddsar/introduction-to-psychology-9892542 )

3.3 Methods of psychology


a) Case history: Is an in depth study of one person. In a case study, nearly every aspect of the
subject’s life and history is analyzed to seek patterns and causes for behavior.
b) Naturalistic observation: ls a method of observation, commonly used by psychologists,
behavioral scientists and social scientists that involves observing subjects in their natural
habitats.
c) Survey method: here large samples of people answer questions about their attitudes or behavior.
d) Experimental method: involves manipulating one variable to determine if changes in one variable
to determine if changes in one variable.
e) Correlation: involves studies used to look for relationships between variables. There are three
possible results of co relational study that is a positive correlation, a negative correlation and no
correlation.

3.4 Goals of psychology


By the end of this unit you should be able to:
a) Describe the behaviours:Naming and classifying various observable, measurable behaviors
b) Understanding: Being able to state the causes of a behavior
c) Prediction: Predicting behavior accurately
d) Example of counter intuitive studies.

4.0 CONCLUSION
On the strength of the definition of psychology, the learner will be able to understand how to adopt its
concept to the legal system and how the two concepts work hand in hand.
5.0 SUMMARY
This unit has introduced you briefly to the psychology of law. You should now be able to: trace the origin
of the psychology of law, explain the fields and methods of psychology.

6.0 ASSIGNMENT
How can the methods of psychology be adopted in the legal concept and in court?

7.0 REFERENCES.
a) The psychology of law; John Monahan, school of law, University of Virginia,Charlottesville,Virginia
22901
b) Pozzulo. J.Bennell. C. and Forth. A (2018) Forensic Psychology, 5th edition. Toronto. Pearson Press.
ISBN 978-0-13-430806-7
c) The psychology of law by Isaac Christopher Lubogo 2022 by Jescho publications
UNIT 2: HISTORY OF PSYCHOLOGY’S RELATIONSHIP TO THE LAW.

CONTENTS

1.0 Introduction
2.0 Main content
2.1 Structuralism
2.2 Functionalism
2.3 Gestalt psychology
2.4 Psychodynamic Model
2.5 Huministic Model
2.6 Behaviorism
2.7 Cognitive Model
3.0 More on history
4.0 Conclusion
5.0 Summary
6.0 Assignments
7.0 References

1.0 INTRODUCTION
Under this unit you will look at the origin of psychology and its relationship to the law Questions of
potential interactions between psychology and the law existed long before.

2.0 MAIN CONTENT

2.1 STRUCTURALISM

This was the first school of psychology and focused on breaking down mental processes into the
most basic components.

2.2 FUNCTIONALISM
This is an early approach to psychology that concerned with what the mind does, the functions
of mental activity and the role of behavior in allowing people to adopt to their environment.

2.3 GESTALT PYSCHOLOGY


This is a school of thought that looks at the human mind and behavior as a whole.

2.4 PSYCHODYNAMIC MODEL


The approach based on the belief that behavior is motivated by unconscious inner forces over
which the individual has little control.

2.5 HUMINISTIC MODEL


Based on the fact that healthy mental attitude is dependent on taking personal responsibility,
recognizing the existence of free will and striving towards personal growth and fulfillment.

2.6 BEHAVIORISM
The approach that suggests that observable behavior should be the focus

2.7 COGNITIVE MODEL


Studies mental processes including how people think, perceive, remember and learn.

3.0 MORE ON HISTORY


The history of psychology of law dates back to the U.S origin and European origins. The origins of legal
psychology can be traced to the work of experimental psychologists in Europe in the 19th century,
particularly in relation to the psychology of testimony.

4.0 CONCLUSION

The history introduces us to how the two concepts are interrelated and on how they work hand in hand.

5.0 SUMMARY
The history dates back in the U.S origin and European origins in the 19th century in the work of
experimental psychologists.

6.0 ASSIGNMENTS
Discuss in detail the history of psychology and the law.

7.0 REFERENCES
a) https://www.slideshare.net/muddsar/introduction-to-psychology-9892542
b) http://criminal-justice.iresearchnet.com/forensic-psychology/history-of-forensic-psychology/legal-
psychology/#:~:text=The%20origins%20of%20legal%20psychology,of%20events%20was%20cons
idered%20unreliable%20(
c) The psychology of law by Isaac Christopher Lubogo 2022 by Jescho publications
The approach based on the belief that behavior is motivated by unconscious inner forces over
which the individual has little control.

2.5 HUMINISTIC MODEL


Based on the fact that healthy mental attitude is dependent on taking personal responsibility,
recognizing the existence of free will and striving towards personal growth and fulfillment.

2.6 BEHAVIORISM
The approach that suggests that observable behavior should be the focus

2.7 COGNITIVE MODEL


Studies mental processes including how people think, perceive, remember and learn.

3.0 MORE ON HISTORY


The history of psychology of law dates back to the U.S origin and European origins. The origins of legal
psychology can be traced to the work of experimental psychologists in Europe in the 19th century,
particularly in relation to the psychology of testimony.

4.0 CONCLUSION

The history introduces us to how the two concepts are interrelated and on how they work hand in hand.

5.0 SUMMARY
The history dates back in the U.S origin and European origins in the 19th century in the work of
experimental psychologists.

6.0 ASSIGNMENTS
Discuss in detail the history of psychology and the law.

7.0 REFERENCES
a) https://www.slideshare.net/muddsar/introduction-to-psychology-9892542
b) http://criminal-justice.iresearchnet.com/forensic-psychology/history-of-forensic-psychology/legal-
psychology/#:~:text=The%20origins%20of%20legal%20psychology,of%20events%20was%20cons
idered%20unreliable%20(
c) The psychology of law by Isaac Christopher Lubogo 2022 by Jescho publications
UNIT 3: ROLE OF PSYCHOLOGISTS IN THE LEGAL SYSTEM.
CONTENTS

1.0 Introduction
2.0 Main content
3.0 Conclusion
4.0 Summary
5.0 Assignments
6.0 References.

1.0 INTRODUCTION
A Psychologist evaluates, diagnoses, treats and studies behavior and mental processes. The duties
of a legal psychologist will depend largely on their employment setting. In some instances, legal
psychologists are employed by the district attorney’s office or private defense attorney’s to serve as
assessors’ consultants.

2.0 MAIN CONTENT


a) Some legal psychologists work in an administrative capacity, such as developing legal policies
that address social ills.
b) Legal psychologists evaluate and assess individuals for various court systems and legal bodies.
c) Legal psychologists teach psychology and criminology courses at colleges and universities.
d) Psychologists also evaluate the success of various legal interventions or reforms.

3.0 CONCLUSION
In conclusion therefore, a legal psychologist can work in a variety of settings involving the criminal
justice system, or civil court system. Other venues are correctional facilities or juvenile detention
centers. They may have to appear in court and travel throughout their state or nationwide if they are
licensed for practice.

4.0 SUMMARY
The best known role of the psychologist is that of an expert witness in criminal proceedings. The
legitimacy of this role was clearly established in the land mark case of JENKINS V UNITED STATES
(1972). Psychologists also assist the court by making evaluations of defendants to determine
competency to stand trial.

5.0 ASSIGNMENTS.
In what capacity do psychologists testify in the various courts?

6.0 REFERENCES
a) https://www.psychologyschoolguide.net/psychology-careers/legal-psychologist/
b) http://criminal-justice.iresearchnet.com/forensic-psychology/psychology-and-law/roles-of-
psychologists/
c) The psychology of law by Isaac Christopher Lubogo 2022 by Jescho publications
UNIT 4 THE THEORIES AND MODELS OF JUSTICE AND THEIR
RELATIONSHIP TO PSYCHOLOGY.

CONTENTS
1.0 Introduction
2.0 Main content
a) Utilitarianism
b) Contractarianism
c) Egalitarianism
2.1 Sub- content
a) The crime control model
b) The due process model
3.0 Conclusion
4.0 Summary
5.0 Assignments
6.0 References

1.0 INTRODUCTION
The term theory is defined to mean a body of knowledge that is broad in scope and aim to explain robust
phenomena. The unit describes the current state of affairs regarding the psychology of justice. The overview
of the most influential psychological theories of injustice describe a representative set of studies and empirical
findings from justice research in psychology and discuss how these theories and findings can be used to
better understand justice related perceptions, cognitions, emotions and behaviors and to contribute to
peaceful solutions to justice conflicts in our daily lives. It describes psychological justice research on three
different levels, the first individual level focuses on justice within the individual and discusses individual needs,
concerns and motives that may be able to explain whether why and under what circumstances people care
about justice and when they do not. The second interpersonal level focuses on justice between individuals
and discusses distributive, procedural, interactional, and retributive justice. The third, intergroup level focuses
on justice-related conflicts between social groups or social “categories” such as companies, nations, or
cultures. In this section, we will discuss what leads people to commit injustices to members of other groups
and how group members-even those who were originally uninvolved in the events that originally sparked a
conflict-respond to perceived group-based injustices.

2.0 MAIN CONTENT


a) Utilitarianism: Is a theory of ethics that prescribes the quantitative maximization of good
consequences for a population. It is a single value system and a form of consequentialism and
absolutism. This good to be maximized is usually happiness, pleasure, or preference
satisfaction. Though some utilitarian theories might seek to maximize other consequences, these
consequences generally have something to do with the welfare of people (or of people and
animals).
b) Contractarianism: refers to a type of moral or political theory that employs the idea of contract
(or, in less formal terms, agreement) among individuals to account for the content and the
normative force of the requirements applicable to them, principally those governing their
interaction.
c) Egalitarianism: Egalitarianism is a personality trait characterized by the tendency to hold to the
political doctrine that holds that all people should be treated as equals, and have the same
political, economic, social, and civil rights. Generally, it applies to being held equal under the law
and society at large.

2.1 SUB-CONTENT
a) The crime control model: In this model, psychology focuses on the study of the behaviors
and motivations of criminals. As such, they research is conducted to determine why
crimes occur, consultation with police departments to identify suspects, or provide
expert testimony in court cases. Criminal psychologists may also engage in criminal
profiling.
b) The due process model: focuses on having a just and fair criminal justice system for all
and a system that does not infringe upon constitutional rights. Further, this model would
argue that the system should be more like an ‘obstacle course,’ rather than an ‘assembly
line.’ The protection of individual rights and freedoms is of utmost importance and has
often be aligned more with a liberal perspective.

3.0 CONCLUSION
There are several pros and cons to both models; however, there are certain groups and individuals
that side with one more often than the other. The crime control model is used when promoting policies that
allow the system to get tough, expand police powers, change sentencing practices such as creating “Three
Strikes,” and more. The due process model may promote policies that require the system to focus on
individual rights.

4.0 SUMMARY.
The crime control model is considered to be a conservative approach to crime that focuses on
protecting society from criminals by regulating criminal conduct and justice. In contrast, the due process
model is considered to be a liberal approach to criminal justice that favors criminal rights.

5.0 ASSIGNMENT.
Discuss what the primary goal of the criminal justice system should be: to control crime, ensure due
process, or both? Explain how this opinion may get influenced by individual factors, such as age,
gender/sex, race/ethnicity, economic situation, a country born in, and more.
6.0 REFERNCES
a) Packer, H. (1964). Two models of the criminal process. 8QLYHUVLW\RI3HQQV\OYDQLD/DZ5HYLHZ
(1) տ
b) The psychology of law by Isaac Christopher Lubogo 2022 by Jescho publications
UNIT 5: THE METHODS USED TO STUDY THE PSYCHOLOGICAL
ASPECTS OF THE JUSTICE.

CONTENTS
1.0 Introduction
2.0 Main content
a) Biological explanations
b) Behavioral research
c) Cognitive approach
d) Subjective approach
3.0 Conclusion
4.0 Summary
5.0 Assignments
6.0 References

1.0 INTRODUCTION
A psychological approach focuses on individuals as agents withing a legal system, asking how their
internal qualities (personality, values, abilities, and experiences) and their environment, including the law
itself, affect their behavior
2.0 MAIN CONTENT

D Biological explanations are based on knowledge of living cells and organic systems. Brain scanning
technologies are now commonly used in psychological research. Scientists also have increasingly
detailed knowledge of cell interactions, chemical influences on the nervous system, and
brain/behavior relationships.
E Behavioral research emphasizes actions (behaviors). Behaviorists typically relate actions to the
organism's environment and history of learning. The environment, to a behaviorist, is any situation
or stimulation that can be measured. Field research on animals is an example of behavioral research.
So is intensive behavior therapy with autistic children, one of the most effective treatments for autism.
F Cognitive approaches stress information processing. Cognitive psychologists study the interactions
of thoughts, images, knowledge, and emotions. The brain is often compared to a computer. If the
brain is analogous to hardware (a physical system), cognitive psychology studies the operation of
the software: patterns of information processing in the brain.
G Subjectiveapproaches describe unique thoughts, feelings, and experiences of individuals. This can
also be called SKHQRPHQRORJ\

3.0 CONCLUSION
All four perspectives are relevant to almost all areas of psychology. Anxiety, for example, can be studied
as a biological response, a set of behaviors, a thought process, or an experience. Psychology is by
nature an integrative science, employing a variety of perspectives on the same events.

4.0 SUMMARY

A psychological aspect may be the cognitive and emotional benefits conveyed by different options of
performing mobility

5.0 ASSIGNMENT
a) Why is memory a relevant topic when considering cognitive psychology and law?

6.0 REFERENCES
a) The psychology of law by Isaac Christopher Lubogo 2022 by Jescho publications

MODULE 2 OVERVIEW OF THE PSYCHOLOGY OF LAW.

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