The Constitutional Court has struck down the controversial Computer Misuse (Amendment) Act 2022 and key sections of the Penal Code Act on libel and defamation, declaring them null, void, and unenforceable. The ruling marks a major win for journalists, digital activists, and free speech advocates across Uganda. The case was brought by the Uganda Law […]
The Constitutional Court has struck down the controversial Computer Misuse (Amendment) Act 2022 and key sections of the Penal Code Act on libel and defamation, declaring them null, void, and unenforceable.
The ruling marks a major win for journalists, digital activists, and free speech advocates across Uganda.
The case was brought by the Uganda Law Society against the Attorney General, challenging the legality of the law that critics had long argued threatened freedom of expression and digital rights.
The Constitutional Court’s decision was made by a five‑member bench, Justice Irene Mulyagonja, JCC as Presiding/lead justice on the panel, Justice Ketrah Kitariisibwa Katunguka, JCC, Justice John Mike Musisi, JCC,Justice Jessy (Jesse) Byaruhanga Rugyema, JCC, Justice Esta Nambayo, JCC.
Parliament Broke the Rules
The court found that Parliament passed the Computer Misuse (Amendment) Bill 2022 without following Rule 24(3) of the Rules of Procedure, which is required under Article 94 of the Constitution. This meant that the law bypassed essential constitutional safeguards.
Justice Katunguka declared: “The enactment of the Computer Misuse Amendment Bill into law without complying with parliamentary procedure is inconsistent with Articles 88 and 89 of the Constitution. Consequently, the Act is null and void.”
Vague Libel Laws Struck Down
The court did not stop at the Computer Misuse law. It also ruled that Sections 162 and 163 of the Penal Code, which define “libel” and “defamation,” are vague, ambiguous, and unconstitutional.
According to the ruling: The libel provisions violate freedom of expression under Article 19(3)(a) of the ICCPR.
Section 162 is inconsistent with Article 9 of the African Charter on Human and Peoples’ Rights.
Both sections fail to meet the clarity standards required by Uganda’s Constitution and international human rights law, including the country’s National Objectives and Directive Principles of State Policy.
The Constitutional Court issued a permanent injunction barring the government from enforcing:
Sections 11, 23, 26, 27, 28, and 29 of the Computer Misuse Act 2003, and Section 162 of the Penal Code Act.
The Attorney General was also ordered to pay 30% of the petitioners’ legal costs, a symbolic yet significant reminder of the government’s procedural failure.
Justice Katunguka noted that both the Computer Misuse Amendment Act 2022 and the challenged libel provisions are dead in law, making it clear that freedom of expression in Uganda is protected, and government authorities must respect constitutional procedures going forward.
The Computer Misuse (Amendment) Act, 2022 was introduced in Parliament by Muhammad Nsereko as a Private Member’s Bill. It was passed by the Parliament of Uganda in September 2022 and later signed into law by Yoweri Kaguta Museveni.
The amendment was meant to stop online harassment, cyberbullying, and the unauthorized sharing of personal information. However, critics said it restricted freedom of expression and could be used to arrest journalists, bloggers, and social media users.
The law made it illegal to access people’s data without permission, secretly record someone’s voice or video, or share personal information without consent. Anyone convicted faced a fine of up to Shs15 million or up to 10 years in prison.
The law also criminalized hate speech, sharing false or malicious information, sending unsolicited messages, and sharing information about children without parental consent, with penalties of up to seven years in jail.
What the Court Decision Means
Computer Misuse Amendment 2022; This amendment can no longer be used to prosecute people.
People can now post, comment, and share information online more freely.
Journalists, bloggers, and social media users are protected from being charged simply for what they post online.
However, crimes like fraud, hacking, cyber harassment, or stealing data are still illegal under other laws.
Some Sections of the Computer Misuse Act 2003; Sections 11, 23, 26, 27, 28, and 29 that were connected to the amendment cannot be enforced. People cannot be prosecuted under those sections anymore.
But real cyber crimes like hacking or interfering with computer systems are still punishable under other laws.
Criminal Libel Laws; Sections 162 and 163 of the Penal Code that made libel or defamation a criminal offence are now invalid. You cannot be criminally charged for defamation anymore. People can criticize or express opinions more freely.
However, someone can still sue you in civil court for defamation and claim damages.
