The Uganda Law Society (ULS) has hailed a landmark ruling by the Constitutional Court as a decisive win for constitutionalism and freedom of expression, following the nullification of key provisions of the Computer Misuse (Amendment) Act, 2022.
In Constitutional Petition No. 42 of 2022, Uganda Law Society v Attorney General, the Court declared that the Act was passed without a parliamentary quorum, violating Articles 88 and 89 of the Constitution.
Evidence, including Hansard records and affidavits from the Clerk to Parliament, confirmed that the law was enacted without the required number of legislators present.
Justice Irene Mulyagonja noted that several provisions—especially Sections 23, 26, 27, and 29—were vague, overly broad, and susceptible to abuse, effectively criminalising legitimate expression.
The Court issued a permanent injunction restraining the government and its agencies from enforcing Sections 11, 23, 26, 27, 28, and 29 of the Act.
These sections had previously criminalised activities such as unauthorized access to digital systems, transmitting information about children, sharing content deemed to ridicule or demean others, and using social media under disguised identities.
ULS President Isaac Ssemakadde stressed that all ongoing prosecutions under the invalidated provisions must immediately cease.
The Society highlighted cases of content creators—including Male Mabirizi, Ibrahim Musana (Pressure24/7), and Emmanuel Nabugodi—who were charged under the law, calling for affected individuals to seek legal redress.
The Court also struck down Section 162 of the Penal Code, which criminalised libel, citing violations of Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights.
Justice Ketra Kitariisibwa Katunguka concurred, emphasizing that criminal libel contravened both Uganda’s constitutional objectives and international commitments.
ULS further criticised the Act as an attempt to reintroduce previously invalidated criminal libel offences in new language.
The five-justice panel—including Justices Esther Nambayo, Jesse Rugyema Byaruhanga, and John Mike Musisi—delivered a unanimous verdict and ordered the government to pay 30% of the petitioners’ legal costs.
The Society commended Mawokota County South MP Gorreth Namugga for her principled opposition to the law and praised the team of advocates who prosecuted the petition.
“This ruling is a watershed moment that safeguards digital expression and reinforces the necessity of constitutional compliance in lawmaking,” Ssemakadde said.
ULS reaffirmed its commitment to defending the constitutional rights of Ugandans and holding the State accountable, warning lawmakers that any legislation undermining democracy or restricting freedom of expression will face judicial scrutiny.
