Outgoing Kampala Central MP Muhammad Nsereko introduced the repealed law in Parliament
HABARI DAILY I Kampala, Uganda I Uganda’s Constitutional Court has nullified the Computer Misuse Act, citing fundamental constitutional violations in its enactment, a decision that has reshaped the country’s legal and digital rights framework.
The court ruled that Parliament passed the law in contravention of established constitutional procedures, rendering it invalid despite its intended purpose. The judgment followed a petition filed by a coalition of civil society organisations, including Unwanted Witness Uganda, the African Centre for Media Excellence, and the Editors’ Guild, alongside individual applicants.
At the centre of the case was the Computer Misuse (Amendment) Act introduced by former Kampala Central MP Muhammad Nsereko. Passed in September 2022, the amendments drew widespread criticism for allegedly infringing on freedom of expression.
One of the key reasons behind the court’s decision was the manner in which the law was processed. Petitioners argued that Parliament rushed the amendments without adequate consultation, scrutiny, or adherence to constitutional safeguards required in lawmaking. The court agreed, emphasising that procedural integrity is essential in upholding the Constitution.
Another critical issue was the vague and overly broad language introduced in the amendments. While the original law focused on combating cybercrime—such as unauthorised access to computer systems, cyber harassment, and electronic fraud—the revised provisions extended to offences like “offensive communication,” “hate speech,” and “malicious information.” Legal experts noted that such ambiguous terms created room for arbitrary interpretation and enforcement.
The court also considered the practical application of the law. Over the years, authorities used it to arrest and prosecute several Ugandans, particularly social media users, activists, and government critics. Many were charged or jailed for content deemed offensive, even when it fell within the scope of legitimate public discourse. This raised concerns about the suppression of free speech and abuse of legal provisions.
In its ruling, the Constitutional Court reaffirmed a core legal principle: any law enacted in violation of the Constitution cannot stand, regardless of its objectives or how it has been applied. This position ultimately led to the Act being struck down in its entirety.
The judgment now casts doubt on previous convictions secured under the law. Legal analysts say cases handled under the invalidated Act may be subject to appeal, review, or even compensation claims by affected individuals.
Beyond the courtroom, the ruling carries significant implications for digital rights and governance in Uganda. It signals the need for lawmakers to balance cybersecurity concerns with the protection of fundamental freedoms, particularly in an increasingly digital society.
