Former Leader of the Opposition and Kasese District Woman MP, Winnie Kiiza, has welcomed the Constitutional Court of Uganda’s decision to nullify the 2022 amendments to the Computer Misuse Act, while noting that the court did not address several other concerns raised by petitioners.
A five-judge panel, led by Irene Mulyagonja alongside John Mike Musisi, Jesse Byaruhanga, Esta Nambayo, and Ketra Katunguka, ruled that the amendments were passed without the required parliamentary quorum, rendering the law unconstitutional.
The judges observed that there was no evidence to prove that at least one-third of Members of Parliament were present during the passage of the amendments.
The petition challenging the amendments was filed by a coalition of civil society actors, journalists, politicians, and lawyers under the Uganda Law Society.
While Kiiza welcomed the ruling, she emphasized that petitioners had also sought judicial review of several specific provisions within the amendments that they say restrict freedoms online.
“We welcome the court’s decision because it confirms that the law was passed without the required quorum. However, we had also hoped the court would address the other concerns we raised about the provisions that restrict freedoms online,” Kiiza said.
She added that the amendments were enacted without sufficient public consultation, despite directly impacting millions of Ugandans who rely on digital platforms for communication and expression.
Kiiza further highlighted that certain provisions were vague and potentially open to abuse, particularly those relating to offensive communication and online harassment, which she said lacked clear definitions.
Counsel George Musisi, part of the legal team supporting the petitioners, stressed the importance of precise legislation governing online conduct.
“While it is true that some people misuse social media to insult or harass others, the laws addressing such conduct must be precise so that citizens clearly understand what constitutes an offence,” Musisi said.
He clarified that the ruling does not automatically affect individuals who have already been convicted under the law, although cases still pending in court may be reconsidered in light of the judgment.
Meanwhile, Jacqueline Okui, spokesperson for the Office of the Director of Public Prosecutions, said the government is reviewing the court’s decision and will consult the Attorney General of Uganda before deciding whether to appeal.
The Computer Misuse Act was originally enacted to combat cybercrime such as hacking and unauthorized access to digital systems.
In 2022, then-MP Muhammad Nsereko introduced amendments aimed at penalizing online abuse, offensive communication, and the spread of malicious information.
The amendments were passed by Parliament and later assented to by the President in October 2022 before being legally challenged.
Observers note that while the nullification of the amendments is a legal victory for digital rights advocates, broader debates about online freedom, privacy, and the regulation of social media in Uganda remain unresolved.
Critics warn that without clear and well-consulted laws, vague provisions could be weaponized against journalists, activists, and ordinary citizens, echoing concerns that have arisen in previous high-profile cases, including online misinformation campaigns and harassment incidents affecting vulnerable populations.
