Computer Misuse Amendment Law
Human Rights groups and a section of the public have petitioned the Constitutional Court over the newly signed law, Computer Misuse Amendment law 2022.
The activists including members of Digital TV platform and twelve others marched to the Constitutional Court in Kololo seeking that the law be squashed on grounds that it is unconstitutional and violates fundamental provisions within the law that guarantee basic human rights for Ugandans.
Holding placards reading “this law is worth breaking”, “we will fight this law no matter what” the group wants the court to declare the amendment law unconstitutional, null and void.
The managing partner Arinaitwe Peter and Co. Advocates who spearheaded the petition says the law is not only out to criminalize writing, sharing and transmitting of information but violate fundamental freedoms as enshrined in the 1995 Constitution of Uganda.
Arinaitwe contends that the law is vague and ambiguous in regards to sharing and receiving unsolicited information, is premised on already existing laws like the computer misuse act 2011 and Data protection act among others, to which prosecutions have been conducted.
“I will sight one example, it points to unsolicited information,where anyone who receives or shares this information commits an offence. We find the phrase ambiguous, this law is premised on other existing laws which we believe are sufficient enough to provide safeguards the state would like to protect. It violates the right to freedom of expression and access to information,” he says
Computer Misuse Amendment Law
He further states that the media as the fourth estate is being attacked under the same law because it it violates their freedom and would cripple down its activities. He says subjecting their work to consent from concerned parties greatly affects their operations.
Arinaitwe says certain provisions deny the public to a fair hearing where some practices are prohibited.
On Thursday last week, Ugandan President Yoweri Museveni signed into law the Computer Misuse (Amendment) Bill, 2022 that poses a five-year jail term or more for among other things people found sharing videos, photos, recordings, unsolicited material without consent.
“A person who uses social media to publish, distribute or share information prohibited under the laws of Uganda, or using a disguised or false identity, commits an offence,” states the new law.
The Bill, which was tabled by Kampala Central Member of Parliament Muhammad Nsereko and passed by Parliament last month, provides for a jail term for anybody who shares or sends unsolicited offensive information or hate speech.
The penalties which are prescribed by the amendment law , include; Clause 2 on unauthorized
access, interception, recording or sharing of information, clause 3 on unauthorized sharing of
information about children, clause 4 on hate speech and clause 5 on unsolicited information for these offences extend to fines not exceeding UGX 15 million, imprisonment not exceeding 10 years, or both.
For unauthorized access, interception, voice or voice recording and sharing of information under clause 2. On the other hand, sharing information related to children (clause 3), hate speech (clause 4), unsolicited information (clause 5) and misleading or malicious information (clause 6) are punished with imprisonment not exceeding seven years.
Compiled by Rashidah Nakaayi
