Court Strikes Down Key Provisions of Computer Misuse Act in Win for Free Speech

Uganda’s Constitutional Court delivered a major victory for freedom of speech by declaring several provisions of the Computer Misuse (Amendment) Act, 2022, unconstitutional. A panel of five justices, led by Justice Irene Mulyagonja, alongside Ketra Kitariisibwa Katunguka, John Mike Musisi, Jessy Byaruhanga Rugyema, and Esta Nambayo, ruled that the challenged sections were vague, ambiguous, and imprecise, failing the test of legality under the Constitution.

The petitions, filed by civil society groups, journalists, lawyers, and activists, targeted amendments introducing offenses like sharing ‘malicious’ or ‘unsolicited’ information and social media misuse. Petitioners argued these broadly criminalized legitimate expression, clashing with Articles 29 and 41 on freedom of expression and access to information.

The court scrutinized provisions on content ridiculing or demeaning others, anonymous communication, and unsolicited dissemination, finding them prone to arbitrary enforcement. Despite the Attorney General’s defense that the law curbed harmful online conduct like hate speech, the justices held that restrictions exceeded limits under Article 43.

Additionally, the ruling invalidated the Act’s enactment due to Parliament’s failure to verify quorum during voting, as required by procedural rules, and insufficient public participation—a core constitutional principle. The court issued a permanent injunction against enforcing the nullified provisions and ordered each party to bear its own costs.

The amendments, tabled by Kampala Central MP Muhammad Nsereko and passed on September 8, 2022, now stand null and void to the extent of their inconsistencies.

Source: Daily Monitor (Uganda)