The Computer misuse Amendment act introduces new offenses carrying stringent penalties for communications especially passed over social media.
One of the most controversial provisions of this new law is the prohibition of video or audio recording of any person without their consent.
In a minority report tabled before parliament, Hon Goretti Namugga said this provision was already remedied by existing law which presupposes that whoever does not want his or her voice, acts/ performance recorded, ought to keep the some away from the public or those who may record.
“The clause prohibiting voice and video recording if passed into low would equally, and on the other side, hove on effect of fomenting recklessness by encouraging unfiltered utterances and careless conduct in public places and otherwise, occasioning a toll on morals.”
She added that the new law will curtails Investigative journalism.
“Recording anyone who has availed themselves to be recorded does not in any way violate the recorded party’s rights. If clause 2 is left to stand as port of the Bill, it will substantially deter journalists from carrying out investigations on corruption allegations which, in most cases is done stealthily and this will subsequently kill investigative journalism and unjustifiably delimit the freedom of press.”
Namugga also said the clause could fail intelligence gathering missions by the security officers.
“Clause 2 is likely to jeopardise intelligence gathering and evidence collection by security agencies. combating crime will be very difficult when the public is restricted from the free disclosure of information obout other persons.”
New offenses under the new law
The Computer misuse Amendment act introduced the offense of misuse of social media, the committee reasoned that, while considering the Bill, it observed that “the information technology evolution had created a new medium of communication called social media that is not fully regulated in the existing laws, yet it is “the commonest platform of Computer Misuse.” The committee therefore deemed it fit to define social media and to regulate it.
- Unauthorised sharing of information about children
It is now forbidden for anyone to share any videos, photos or information about a child without the express consent of their parents or guardian.
Anyone convicted of sharing children’s information without consent is liable to a fine upto 15 Million shillings, imprisonment for upto 7 years or both.
- Hate Speech
The new law introduces and defines the crime of hate speech as sharing information through a computer which is likely to ridicule, promote hostility and degrade or demean another person, group of persons, tribe, ethnicity, religion or gender.
Anyone convicted of hate speech is liable to a fine of 15 Million, imprisonment for 7 years or both.
- Unsolicited information
A person shall not send to or share with another person unsolicited information through a computer.
I convicted of unsolicited information is liable to a maximum of 7 years in jail, a fine of upto 15,000,000 or both.
- Misleading or malicious information
A person shall not send, share or transmit any misleading or malicious information about or relating to any person through a computer.
Anyone convicted pf spreading such information is liable to a maximum of 7 years in jail, a fine of upto 15,000,000 or both.
Restriction on holding public office
The law also renders those convicted of its offences ineligible to run for political office for 10 years.
The law also states that if a public officer is convicted under of an offence under it, they will be fired immediately.
