Uganda’s constitutional court yesterday struck out the long time debate-generating section 25 of the computer misuse act citing inconsistences with other existing laws in place. The act which was only passed a couple of months ago after being shelved for more than five years was aimed at those people who use electronic devices to willfully disturb the peace of others.
A panel of five justices of the constitution court comprising of Richard Buteera, Kenneth Kakuru, Geoffrey Kiryabwire, Elizabeth Musoke, and Monica Mugenyi
unanimously ruled that the section on offensive communication is inconsistent with Article 29 (1) of the Constitution.
Article 29 (1) of the Ugandan Constitution stipulates that, “Every person shall have the right to— (a) freedom of speech and expression which shall include freedom of the press and other media; (b) freedom of thought, conscience and belief which shall include academic freedom in institutions of learning; (c) freedom to practice any religion and manifest…”
Kampala Central MP Muhammed Nsereko revived the law last year when he tabled it before parliament.
In 2016, City Lawyer Andrew Karamagi and Robert Shaka filed a petition to the constitutional court arguing that the section contravenes Article 29 of the constitution, which is the supreme law of Uganda that protects freedom of conscience, expression, movement, religion, assembly, and association.
In Sections 24 and 25, the Act criminalizes cyber harassment and offensive communication.
Cyber harassment which is defined as “the use of a computer” to make an “obscene, lewd, lascivious or indecent” overture (“request, suggestion or
proposal”) threaten “to inflict injury or physical harm” to a person or that person’s property or “knowingly permit any electronic communications device to be used for any of (these) purposes” is punishable by “a fine not exceeding seventy two currency points or imprisonment not exceeding three years or both.”
While offensive communication, defined as the “willful and repeated use of electronic communication to disturb or attempt to disturb the peace, quiet or right
of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues” is punishable by “a fine not exceeding twenty four
currency points or imprisonment not exceeding one year or both.”
The Communications law would ban people from using a computer to send any information that might ridicule or degrade someone, and forbids the recording or videotaping of anyone without their consent, with penalties including fines and jail time. Authorities have said it will curb hate speech and stop the spread of
malicious information.
The Human Rights Network for Journalists-Uganda (HRNJ-U) which is led by Mr. Robert Ssempala had earlier issued a
press statement urging the president to return the Bill to parliament to reconsider the unclear clauses and those that are overlapping with other existing laws. President Yoweri Kaguta Museveni had signed into law, the Computer Misuse (Amendment) Act, 2022, on October 13, 2022.
Background
In 2017, Dr. Stella Nyanzi, a researcher and government critic was released from jail where she had spent more than a year on charges of cyber harassment and annoying the person of the President.
In 2021, Mr Kakwenza Rukirabasaija was arrested from his home in Iganga District, kept incommunicado for weeks and later produced in court where he was charged with cyber related cases and annoying the first family. In court, the author and critic of the government appeared frail and could later display torture marks all over his body which he said he sustained during his time in detention.
The duo has since fled the country to Europe where they are taking refuge.
