Constitutional Court Nullifies Computer Misuse Act Ammendment

The Constitutional Court has declared the Computer Misuse (Amendment) Act, 2022, null and void after Parliament passed the law in violation of constitution.

The controversial law that was passed by Parliament in September 2022 received widespread public criticism and protests from rights groups, journalists, and opposition figures who warned it would be used to gag citizens freedom of speech as enshrined in the constitution.

On Tuesday, Justices Irene Mulyagonja, Ketrah Kitariisibwa Katunguka, Christopher Madrama Byaruhanga and Monica Mugenyi Nambayo, found that Parliament failed to comply with quorum requirements when passing the law.

“Clearly, there is no evidence in the Hansard that there was any concern about whether the Members in the House… constituted the requisite quorum of one third of Members entitled to vote,” the court ruled.

The following provisions of the Computer Misuse Act have been declared unconstitutional.

Section 11: Criminalized unauthorized access, interception of data, or voice/video recording of another person.

Section 23: Criminalized unauthorized sharing or transmission of any information about a child.

Section 26: Criminalized sharing computer-based information likely to ridicule, degrade, or demean a person, or promote hostility based on tribe, religion, or gender.

Section 27: Criminalized sending or sharing unsolicited information, unless it was in the public interest.

Section 28: Criminalized sending or sharing “malicious information” relating to another person.

Section 29: Prohibited the “misuse of social media” by sharing prohibited information under a disguised or false identity.

Additionally, Sections 162 and 163 of the Penal Code Act (criminal libel) were declared unconstitutional due to being vague and ambiguous.

The ruling follows a petition filed by a coalition of civil society actors, including Unwanted Witness Uganda, African Centre for Media Excellence, and the Editors’ Guild, alongside individual petitioners.