The Uganda constitutional court has declared that section 25 of the Computer Misuse Act, 2011 which has always seen opposition members dragged to court and detained is unconstitutional.
The court ruling that took place today, awarded costs to the Petitioners which has been deemed a rare act seen by the court.
The law is said to be vague, overly broad, and ambiguous with the notion that it doesn’t hold enough water for any legal debate.
Also Read: Parliament passes the Computer Misuse (Amendment) Bill 2022
The Constitutional Court has today declared S.25 of the Computer Misuse Act,2011 as unconstitutional for being vague, overly broad, and ambiguous hence not allowing sufficient guidance for a legal debate. The Court awarded costs to the Petitioners which is so rare of this Court.
Tonny Tumukunde
According to lawyer Tonny Tumukunde, the law cuts out the freedom of speech in a free and democratic society and doesn’t specify what conduct constitutes offensive communication.
He adds that in a democratic society, prosecuting people for the content of their communication is a violation that falls within the guarantees of freedom of expression in a democratic society.
S.25 is unjustifiable as it curtains the freedom of speech in a free & democratic society and doesn’t specify what conduct constitutes offensive communication. Hence lacking good guidance for legal reasoning and debate.
In a democratic or free society prosecuting people for the content of their communication is a violation of what falls within the guarantees of freedom of expression in a democratic society.
Tonny Tumukunde
Based on the information gathered by this website, the court ordered the arrests concerning Computer Misuse Act should be halted.