Computer Misuse Act thrown out
The Constitutional Court declared null and void, Section 25 of the Computer Misuse Act of 2011 and ordered an immediate stop to its enforcement.
In a ruling delivered by five Justices of the Constitutional Court led by the Deputy Chief Justice Richard Buteera, the justices unanimously declared section 25 of the Computer Misuse Act of 2011 is unconstitutional, broad and illegal .
Section 25 declares it an offence for any person to ‘willfully and repeatedly use electronic communication to disturb the peace or right of privacy of any person with no purpose of legitimate communication’.
The court ruled in favour of two petitioners including exiled Andrew Karamagi and Robert Shaka. In their 2016 petition, they argued that the section is inconsistent and ambiguous and contravenes of Article 29(1) of the constitution, which guarantees the enjoyment of freedom of expression.
Justices including Kenneth Kakuru, Geoffrey Kiryabwire, Elizabeth Musoke and Monica Mugenyi all agreed that the section conflicts with article 29 of the Constitution which guarantees the right to freedom of expression.
The same court has ordered the Attorney General of Government to pay costs to the petitioners.
Computer Misuse Act thrown out
Karamagi was not present in court for the ruling however his lawyer Eron Kiiza, said the notorious sections of the law have led to the exile of his client Karamaji and woman rights’ activist Stella Nyanzi, in addition to threatening the rights of many Ugandans who use computers to communicate.
Kiiza told our Court reporter Rashidah Nakaayi that the law that criminalizes offensive communication was sweeping and broad because it targets anyone anytime as long as someone feels offended by their statements.
“Am very happy that every member of that court agreed that it was unconstitutional. If you say something and am offended and in power or government , I can take you to court and your liberty will be taken away as you will be jailed,” he said
Kiiza also says the Computer Misuse Act amendment of 2022 is also dead upon arrival as the Court will use the same reasoning it has used today to nullify the said amendment; given the fact that this is even a worse legislation according to .
One of the petitioners Shaka was in 2015 arraigned before the Buganda Road Chief Magistrate’s court and charged with frequently using a computer to disturb Museveni’s privacy.
The Director of Public Prosecutions (DPP) claimed that he violated Museveni’s privacy by posting statements regarding the president’s health condition on face book, a charge he vehemently denied.
The state was convinced that Shaka was the same person as Tom Voltaire Okwalinga (TVO), a popular but elusive blogger. For a number of years, TVO who is wanted by Uganda’s security agencies, had startled the ruling NRM party via posting exclusive information on his Facebook page.
