Africa-Press – Uganda. The National Resistance Movement (NRM) Director of Communication, Emmanuel Lumala Dombo, has called on Parliament to urgently review the Computer Misuse (Amendment) Act, 2022, citing the need to address regulatory gaps in Uganda’s digital space.
Speaking during NBS Barometer on Tuesday, Dombo stressed the importance of guiding young people on responsible online behavior, noting that digital platforms require both freedom and oversight.
“I have seen the Katikkiro, Charles Peter Mayiga, cautioning young people about how they should navigate the digital space. Religious leaders and government officials have also reiterated the need for responsible digital conduct,” he said.
Dombo added that some countries regulate social media use through age restrictions and other safeguards, suggesting Uganda could adopt similar approaches while preserving freedom of expression.
His remarks follow a landmark ruling by the Constitutional Court that nullified several provisions of the Computer Misuse (Amendment) Act.
In a unanimous decision delivered by a five-justice panel led by Irene Mulyagonja, the court found that key sections of the law violated constitutional rights, including freedom of expression and access to information.
The court declared Sections 11, 23, 26, 27, 28, and 29 of the Act, alongside Section 162 of the Penal Code Act, null and void for failing the constitutional test of legality.
Judges ruled that provisions criminalizing communication deemed to ridicule, demean, or promote hostility, as well as those targeting anonymous and unsolicited content, were vague, overly broad, and open to abuse.
Petitioners, including Unwanted Witness Uganda, the African Centre for Media Excellence, and the Editors’ Guild, argued that the provisions violated Articles 29 and 41 of the Constitution.
While the Attorney General defended the law as necessary to curb harmful online conduct such as hate speech and malicious information, the court held that the restrictions exceeded permissible constitutional limits.
Beyond the substance of the law, the court also identified procedural flaws in its enactment. Evidence from the parliamentary Hansard of September 8, 2022, and affidavits from the Clerk to Parliament showed that the amendments were passed without verifying quorum, contravening Parliament’s rules and constitutional requirements.
In a concurring opinion, Justice Ketra Kitariisibwa Katunguka said the criminal libel provisions under Section 162 of the Penal Code Act were inconsistent with Uganda’s constitutional principles and international human rights obligations.
The court issued a permanent injunction restraining authorities from enforcing the impugned provisions and ordered the state to cover 30 percent of the petitioners’ legal costs.
The now-nullified provisions had been widely used to arrest and prosecute Ugandans, particularly journalists, activists, and young people, under charges such as offensive communication and malicious information.
The ruling is expected to significantly reshape Uganda’s digital rights landscape, even as calls grow within government to draft a revised law that balances regulation with constitutional freedoms.
