Court Nullifies Key Provisions of Computer Misuse Law
KAMPALA: The Constitutional Court has struck down several provisions of the Computer Misuse Amendment Act of 2022, declaring them unconstitutional.
In a ruling delivered today, the court found that parts of the law violate fundamental rights, including freedom of expression and access to information.
The case was brought by civil society organisations, journalists, lawyers, and activists, who argued that the amendments unfairly restricted free speech.
The court specifically nullified Sections 23, 26, 27, and 29 of the Act, as well as the offence of criminal libel under the Penal Code.
Justice Irene Mulyagonja, in the lead judgment, ruled that the provisions were vague and failed the constitutional test of legality.
The judges noted that offences related to “malicious information,” “unsolicited communication,” and social media use were too broad and could criminalize legitimate expression.
The court also found that Parliament passed the law without verifying the required quorum, and that some provisions were introduced without adequate public consultation.
Although the Attorney General defended the law as necessary to regulate harmful online behaviour, the court held that some measures went too far and risked arbitrary enforcement.
The nullified provisions had previously been used to prosecute several Ugandans, including social media users.
The court has now permanently blocked their enforcement.
