Court Nullifies Computer Misuse Act in Major Win for Free Speech

Uganda’s Constitutional Court delivered a landmark unanimous ruling, invalidating the Computer Misuse (Amendment) Act, 2022. A panel of five justices determined that Parliament failed to meet constitutional quorum requirements during key debates and votes on the bill.

Justice Irene Mulyagonja, in the lead judgment, highlighted that evidence from the Attorney General, including Hansard records, revealed glaring procedural omissions. The Speaker did not verify the required quorum as per Rule 24(3) of Parliament’s rules, rendering the law void.

Key sections struck down include Section 11 on unauthorized data access and recordings, Section 23 on sharing child-related information without consent, Section 26 on content that ridicules or demeans others, and Sections 28 and 29 on malicious information and disguised social media misuse. These were criticized for vagueness and infringing on freedoms of expression and information.

The ruling impacts high-profile cases, such as those against lawyer Hassan Male Mabirizi, social media user Ibrahim Musana (24/7), and others facing charges under the act. Legal experts predict prosecutions will collapse, with calls for affected individuals to seek redress.

The Uganda Law Society praised the verdict but noted it arrives late for those already imprisoned. Figures like Isaac Ssemakadde urged legal aid access, while lawyers George Musisi and Eron Kiiza celebrated the protection of democratic speech.

Petitioners, including journalists and rights groups like Chapter Four Uganda, argued the law stifled digital work and enabled arbitrary arrests. Enacted in 2022 by MP Muhammad Nsereko, it carried penalties of Shs15 million fines or seven-year terms.

This decision underscores procedural integrity in lawmaking and may spur compensation claims, reshaping Uganda’s digital rights landscape.

Source: Daily Monitor (Uganda)