Kampala, Uganda: Uganda’s Constitutional Court has nullified the Computer Misuse (Amendment) Act, 2022, ruling that Parliament passed the law in violation of constitutional procedures, in a landmark decision with far-reaching implications for free speech and digital regulation.
In a unanimous judgment by Justices Irene Mulyagonja, Ketra Kitariisibwa Katunguka, Christopher Madrama Byaruhanga, and Monica Mugenyi Nambayo, the court found that Parliament failed to meet quorum requirements when passing the law.
“Clearly, there is no evidence in the Hansard that there was any concern about whether the Members in the House… constituted the requisite quorum of one third of Members entitled to vote,” the court ruled.
The judges cited “glaring omissions” in parliamentary records, noting that there was no evidence the Speaker confirmed attendance or verified quorum before the vote.
“The evidence… does not show that the Speaker complied with the Constitution and the Rules of Procedure… Instead, the Hansard exposed glaring omissions in the process of passing the Bill,” the ruling stated.
According to the court, proceedings were merely recorded as “question put and agreed to”, without indicating how many Members were present or how they voted.
The court held that this violated Articles 88 and 89 of the Constitution, rendering the law null and void. “It follows that all of the impugned provisions… are null and void and there is no need to interpret them,” the judges ruled.
Key provisions nullified
Among the provisions struck down are those that criminalised: Unauthorized access, recording or interception of data, sharing information about a child without consent, posting content deemed to ridicule or demean others, sending unsolicited or “malicious” information and misuse of social media under false identity.
The ruling effectively dismantles key sections that had been widely criticised for restricting online expression.
Criminal libel declared unconstitutional
In a separate finding, the court also nullified Sections 162 and 163 of the Penal Code Act on criminal libel. “The definition of the misdemeanour called ‘libel’… is vague and ambiguous,” the court ruled.
This means criminal defamation is no longer enforceable in Uganda, leaving civil litigation as the primary remedy for reputational disputes.
The case arose from consolidated petitions filed by a coalition of petitioners, including Agather Atuhaire, Winnie Kiiza, the Editors’ Guild, African Centre for Media Excellence, and Unwanted Witness Uganda, among others. These were represented by lawyers, including George Musisi, Eron Kiiza, and Michael Aboneka.
Petitioners argued that the law was passed without a proper quorum and contained vague provisions that threatened freedom of expression and fair hearing rights.
Lawyer George Musisi welcomed the ruling, calling it a victory for constitutionalism. “This judgment confirms that Parliament must follow the Constitution and its own rules. Laws that limit rights must be properly enacted,” he said.
Legal observers say the decision sends a strong message that both the process and content of legislation must comply with constitutional standards, especially where fundamental rights are involved.
The ruling effectively restores Uganda’s legal framework to the position before the 2022 amendments, easing pressure on journalists, activists and social media users.
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