Uganda Government Halts Enforcement of Nullified Computer Misuse Act Sections

The Attorney General, Kiryowa Kiwanuka, has directed key agencies including the Director of Public Prosecutions, CID, IGP, and Parliament Clerk to immediately cease enforcing certain sections of the Computer Misuse Act and Penal Code Act.

In a letter dated March 19, Kiwanuka listed Sections 11, 23, 26, 27, 28, and 29 of the Computer Misuse Act (2023 Edition), plus Section 162 of the Penal Code Act, as unenforceable following a Constitutional Court declaration.

He mandated no new arrests under these provisions and the termination of all related ongoing criminal proceedings due to a permanent injunction against government enforcement.

Existing sentences under these sections remain unaffected, and the rest of the acts continue to apply. Kiwanuka advised returning the law to Parliament for constitutional re-enactment instead of appealing.

The March 17 ruling by a panel led by Justice Irene Mulyagonja stemmed from petitions by Alternative Digitalk Limited, HRNJ-Uganda, and Uganda Law Society. The court cited lack of quorum during the 2022 amendment’s passage, violating constitutional rules.

Affected sections include unauthorised data access (Sec 11), child information sharing (Sec 23), demeaning content (Sec 26), unsolicited info (Sec 27), malicious info (Sec 28), and anonymous false identity publications (Sec 29). Section 162 on libel was also nullified for vagueness.

Government must cover 30% of petitioners’ costs, with Kiwanuka confirming communication to agencies for compliance.

Source: The Observer (Uganda)