ULS Welcomes Court Ruling Nullifying Computer Misuse Amendment Act

Kampala, Uganda – The Uganda Law Society (ULS) has welcomed a landmark decision by the Constitutional Court of Uganda nullifying the Computer Misuse (Amendment) Act, 2022, describing it as a major victory for freedom of expression in the country.

In a statement issued by its President, Isaac Ssemakadde, the Society said the court found that Parliament passed the law in violation of constitutional requirements on quorum under Articles 88 and 89.

The ruling arose from Constitutional Petition No. 42 of 2022, Uganda Law Society v Attorney General of Uganda, in which the court issued a permanent injunction restraining the government from enforcing several provisions of the amended law.

According to ULS, the implication of the judgment is that all ongoing criminal cases based on the nullified provisions must be immediately terminated and charges dismissed. The Society noted that the ruling vindicates several content creators who had been prosecuted under the law, including Male Mabirizi, Ibrahim Musana, also known as Pressure 24/7, and Emmanuel Nabugodi.

However, the Society expressed concern that the decision comes too late for individuals who had already been convicted or served sentences under the law since its enactment in October 2022. It urged affected persons to seek legal advice and redress, including support through the ULS Legal Aid Project.

In a related development, the court also struck down Section 162 of the Penal Code Act, which provides for criminal libel. The court departed from its earlier stance in Joachim Buwembo v Attorney General and instead aligned with international human rights standards, including Article 19 of the International Covenant on Civil and Political Rights and Article 9 of the African Charter on Human and Peoples’ Rights.

The ULS said the ruling reinforces earlier decisions such as Andrew Karamagi v Attorney General and Charles Onyango-Obbo v Attorney General, which upheld freedom of expression and struck down similar restrictive provisions.

The Society also paid tribute to Gorreth Namugga for her role in opposing the law through a Minority Report, and commended the team of lawyers who successfully argued the petition.

ULS reaffirmed its commitment to defending constitutionalism and pledged to continue challenging laws and actions that undermine democratic freedoms in Uganda.