Constitutional Court nullifies key Computer Misuse Act provisions

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Uganda’s Constitutional Court has struck down several provisions of the Computer Misuse Act, ruling that Parliament passed them without the required quorum.

The annulled sections had criminalised a wide range of activities, including unauthorised access to data, interception of communications, and the recording of individuals without consent.

A panel of five justices led by Justice Irene Mulyagonja, found that some provisions of the law were overly broad, vague and ambiguous, and therefore inconsistent with the Constitution.

Specifically, the court nullified Section 11, which criminalised unauthorised access, interception of data, or voice and video recording of another person. It also struck down Section 23, which criminalised the unauthorised sharing or transmission of any information about a child.

Further, Section 26 was nullified for criminalising the sharing of computer-based information likely to ridicule, degrade, or demean a person, or promote hostility based on tribe, religion, or gender. Section 27, which criminalised the sending or sharing of unsolicited information unless it was in the public interest, was also struck down.

The court additionally nullified Section 28, which criminalised the sending or sharing of so-called “malicious information” relating to another person, as well as Section 29, which prohibited the misuse of social media through sharing prohibited information under a disguised or false identity.

The ruling also extended to provisions that had been used to regulate online behaviour and prosecute offenders under the law, including restrictions on the dissemination of content deemed harmful or offensive.

In addition, the court declared Sections 162 and 163 of the Penal Code Act, which relate to criminal libel, unconstitutional. The judges found these provisions to be vague and ambiguous, raising concerns about their potential misuse and inconsistency with constitutional protections.

Two separate petitions challenging the provisions of the Computer Misuse Act and the Penal Code were filed by activists in 2022 and consolidated last year.