Social media posts protected by copyright, High court rules

What the report says

The Observer reported that the Commercial Division of the High Court has ruled that original material posted on social media can be protected by copyright. In a judgment delivered on July 27, Justice Dr Ginamia Melody Ngwatu found Monitor Publications Limited and Africa Broadcasting Uganda Limited, trading as NTV Uganda, liable for infringing the rights of lawyer and digital content creator Silver Kayondo.

According to the report, Kayondo sued over a September 2023 news article that reproduced material from his August 2023 post on X, formerly Twitter, about the World Bank and Uganda. He alleged copyright infringement, false attribution, misrepresentation, negligence, defamation and unlawful processing of personal data. The defendants denied liability and argued that the post contained ideas rather than copyrightable work, and that their use was protected as fair use because it related to a public-interest issue and identified Kayondo as the source.

The court rejected that position, holding that ideas expressed in material form, including on social media platforms, may qualify for protection. Justice Ngwatu found that the defendants had copied and inaccurately reproduced parts of Kayondo’s post, including changes in wording and additional statements attributed to him. The court said fair use for reporting current events does not cover inaccurate quotations or distortions that prejudice an author’s reputation.

The Observer said Kayondo had sought declarations, injunctions, Shs 250 million in damages, a published apology and other reliefs. The ruling is significant for newsrooms and digital creators because it underscores that social media content cannot be freely reproduced or altered without legal risk, especially where attribution or meaning is inaccurate.