Null And Void- Constitutional Court Trashes Section 25 Of The Computer Misuse Act
By Uganda Online Media
The Constitutional Court has quashed Section 25 of the Computer Misuse Act, 2011 as amended, which provides for offensive communication, null and void.
In 2016, two people including lawyers Andrew Karamagi and Robert Shaka went to court to challenge that section of the law that they argued infringes on citizens’ rights.
Section 25 states that “any person who willfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanour and is liable on conviction to a fine not exceeding twenty-four currency points or imprisonment not exceeding one year or both.”
However, in a judgement delivered on Tuesday, January 10, a panel of five justices including; Kenneth Kakuru, Stephen Musota, Elizabeth Musoke and Monica Mugenyi led by Deputy Chief Justice Richard Buteera ruled that the provision was in contravention of Article 29(1) of the Constitution, which guarantees freedom of speech and expression.
Click Here To Read The Full Ruling
The judges, further noted that section of the law “is unjustifiable as it curtails the freedom of speech in a free and democratic society” thus declaring it “null and void” and banning its enforcement.
“I find that the impugned Section is unjustifiable as it curtails the freedom of speech in a free and democratic society. Secondly, Section 25 of the Computer Misuse Act does not specify what conduct constitutes offensive communication. To that extent, it does not afford sufficient guidance for legal debate. Thirdly it is vague, overly broad and ambiguous. Therefore, I find that the impugned section is inconsistent with and/or in contravention of Article 29 of the Constitution,” Justice Kakuru said in the lead judgement.
Rights activists including, government critics, journalists and writers, have long complained about Uganda’s various communications laws enacted by the government to curtail their freedom of speech.
Critics say the laws are indiscriminately broad, disguised censorship and that they have mainly been used to punish opponents of Museveni, who has ruled Uganda since 1986.
