The Constitutional Court of Uganda has struck down key parts of the Computer Misuse Act, ruling that Parliament passed the law in violation of constitutional requirements, making it legally invalid.
The decision follows a petition by civil society groups including Unwanted Witness Uganda, African Centre for Media Excellence and the Uganda Editors’ Guild, alongside individual applicants.
At the centre of the case was the Computer Misuse (Amendment) Act, 2022, introduced by former Kampala Central MP Muhammad Nsereko. The amendments were passed amid strong criticism from journalists, activists and opposition figures who warned they would restrict free expression, especially online.
While the original law targeted cybercrime such as hacking and electronic fraud, the 2022 changes expanded it to include offences like “offensive communication,” “hate speech,” and the spread of “malicious information.” Critics argued these terms were too vague and gave authorities wide powers to target dissent, particularly on social media.
Over time, the law was used to arrest and prosecute several Ugandans, including activists, government critics and content creators, some of whom were jailed over posts authorities considered offensive or misleading.
In its ruling, the court found that Parliament passed several sections of the law without the required quorum, rendering them unconstitutional.
The nullified provisions include those criminalising unauthorised access to data, sharing information about children, sending unsolicited or “malicious” information, and so-called misuse of social media.
The court also struck down Sections 162 and 163 of the Penal Code Act, which dealt with criminal libel, on grounds that they were vague and open to abuse.
Legal experts say the judgment could have far-reaching implications, as convictions secured under the invalidated provisions may no longer stand.
The petitioners had argued that the law was rushed through Parliament without proper scrutiny, undermining constitutional safeguards and democratic lawmaking.
