By Kabuye Ronald
The Constitutional Court has nullified the Computer Misuse (Amendment) Act of 2022, ruling that Parliament enacted the legislation in violation of constitutional requirements.
The law, passed in September 2022, had sparked strong backlash from civil society organizations, journalists, and opposition leaders. Critics argued that its provisions threatened to suppress freedom of expression, a right protected under the constitution.
In a decision delivered on Tuesday, Justices Irene Mulyagonja, Ketrah Kitariisibwa Katunguka, Christopher Madrama Byaruhanga, and Monica Mugenyi Nambayo determined that Parliament did not meet the required quorum when the bill was passed.
The court noted that parliamentary records (Hansard) did not show any effort to confirm whether the minimum number of legislators, one-third of all eligible members was present during the proceedings.
As a result, several sections of the Computer Misuse Act were struck down as unconstitutional, including provisions that:
- Penalized unauthorized access to data and recording of individuals
- Restricted the sharing of information concerning children without authorization
- Criminalized online communication deemed offensive, degrading, or likely to incite hostility
- Banned the transmission of unsolicited information unless justified by public interest
- Outlawed the distribution of so-called “malicious information” about others
- Prohibited the use of false identities on social media to share restricted content
The court also invalidated Sections 162 and 163 of the Penal Code Act, which addressed criminal libel, citing their vagueness and lack of clarity.
This ruling stems from a petition filed by several individuals and organizations, including Alternative Digitalk, Mukose Arnold Anthony, Norman Tumuhimbise, Unwanted Witness Uganda, Winnie Kiiza, Sarah Bireete, Agather Atuhaire, Lilian Drabo, Wandera Andrew, Muhindo Morgan among others
