The Constitutional Court has nullified the Computer Misuse Act, Daily Star can reliably report, in a landmark ruling that overturns one of Uganda’s most controversial digital laws.
In 2022, the Uganda Law Society (ULS), together with 26 other organizations and individuals, through their lawyers who includede George Musisi, the MP elect for Kira Municiplity and Eron Kiiza petitioned the Constitutional Court seeking declarations that all provisions of the Computer Misuse (Amendment) Act, 2022 were inconsistent with, and in contravention of, several provisions of the Constitution.
The petitioners also sought orders for the provisions to be struck out as null and void. They argued that the passage of the Amendment violated principles enshrined in the Preamble and undermined aspects of participatory democracy guaranteed under the Constitution.
Specifically, they contended that the clause on misuse of social media had been introduced without public consultation.
“Parliament passed the Amendment without ascertaining that the requisite quorum was present in the House before voting on each clause of the Bill, and during its consideration by the Committee of the Whole House,” the petitioners argued.
The law, which was tabled by Kampala Central Member of Parliament Muhammad Nsereko, was passed by Parliament in September 2022 and later assented to by President Yoweri Museveni. It sought to strengthen provisions on unauthorized access to information and regulate online conduct.
Among its key provisions, the Act prohibited unauthorized access to data, restricted the sharing of information related to children without parental consent, and criminalized the dissemination of hate speech, as well as false, malicious, or unsolicited information. It also barred individuals convicted under the law from holding public office for up to 10 years.
In a landmark judgment delivered by five Justices of the Constitutional Court led by Irene Mulyagonja and joined by Ketrah Kitariisibwa Katunguka, Esta Nambayo, Byaruhanga Jesse Rugrema, and John Mike Musisi, the court ruled that certain laws contravene the Constitution and Uganda’s international obligations.
However, in its ruling, the Constitutional Court found that Parliament passed the law in contravention of the Constitution, rendering it null and void.
The court observed that the legislation violates the objectives of the National Objectives and Directive Principles of State Policy, as outlined in the Constitution, and is therefore inconsistent with the national interest and common good.
Specifically, the court declared that the enactment of the Computer (Amendment) Bill into law without following the proper parliamentary procedures was unconstitutional. “The enactment of the Computer (Amendment) Bill into an Act of Parliament without complying with the Rules of Procedure of Parliament was inconsistent with the Constitution, and as a result, the Computer Misuse (Amendment) Act, 2022, is null and void,” the court ruled.
Additionally, Section 162 of the Penal Code Act was found to contravene the national objectives and Uganda’s international obligations. The court held that it is inconsistent with the Constitution and therefore null and void.
The court also ordered the government to pay 30% of the legal costs incurred by the petitioner’s advocates.
The decision marks a significant moment for digital rights and freedom of expression in Uganda, effectively striking down provisions that had drawn widespread public debate and criticism.
