UCC Warns against Misuse of Digital Platforms

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UCC Warns against Misuse of Digital Platforms
UCC Warns against Misuse of Digital Platforms

Africa-Press – Uganda. The Uganda Communications Commission (UCC) has issued a public advisory urging responsible use of digital communication platforms, following a landmark ruling by the Constitutional Court of Uganda that nullified key provisions of the Computer Misuse (Amendment) Act, 2022.

In a statement dated Tuesday, March 31, 2026, the Commission cautioned the public against misinterpreting the court’s decision as a complete absence of legal regulation governing online conduct.

The advisory comes amid reports of increased misuse of social media and other digital platforms in the aftermath of the ruling.

“The Uganda Communications Commission would like to address you regarding the responsible use of communication platforms in light of recent developments. Some users appear to have been misled into believing that there is currently no other law governing the use of computer systems in Uganda. We wish to clarify that this is not the case,” the statement read.

The UCC emphasized that while specific sections of the Computer Misuse (Amendment) Act were struck down, several provisions of the broader Computer Misuse Act remain in force. These include laws addressing cyber harassment, cyber stalking, and electronic fraud. The Commission also noted that although certain criminal libel provisions under the Penal Code Act were annulled, the rest of the law continues to apply.

Additionally, the UCC highlighted that other legal frameworks—including the Uganda Communications Act, the Data Protection and Privacy Act, and the Children’s Act—remain operational and continue to regulate digital communication while safeguarding individual rights.

The advisory follows a March 17, 2026 ruling in which a five-justice panel of the Constitutional Court unanimously declared several provisions of the Computer Misuse (Amendment) Act unconstitutional. The court found that sections of the law violated fundamental rights guaranteed under the Constitution, particularly freedom of expression and access to information.

Delivering the lead judgment, Irene Mulyagonja ruled that Sections 11, 23, 26, 27, 28, and 29 of the Act—as well as Section 162 of the Penal Code Act—were “null and void” due to vagueness, overbreadth, and their susceptibility to abuse.

The court held that the provisions criminalised legitimate speech by penalising broadly defined offences such as sharing information deemed to “ridicule”, “demean”, or “promote hostility”.

The judges further observed that the law’s provisions on anonymous communication and unsolicited content lacked clear definitions, creating room for arbitrary enforcement. Petitioners, including civil society organizations and media bodies, argued successfully that the provisions contravened constitutional protections under Articles 29 and 41.

Beyond the substance of the law, the court identified a procedural flaw in its enactment. Evidence presented—including parliamentary records—revealed that the amendments were passed without verifying the required quorum, in violation of parliamentary rules and constitutional provisions. As a result, the entire amendment act was declared invalid.

The ruling also struck down criminal libel provisions under Sections 162 and 163 of the Penal Code Act, citing inconsistency with both constitutional guarantees and international human rights obligations.

The court issued a permanent injunction restraining government agencies from enforcing the nullified provisions and ordered the state to cover 30 per cent of the petitioners’ legal costs. Justices Esther Nambayo, Jesse Rugyema Byaruhanga, John Mike Musisi, and Ketra Kitariisibwa Katunguka all concurred with the decision.

The now-invalidated provisions had previously been used to arrest and prosecute individuals—particularly journalists, activists, and young people—on charges such as “offensive communication” and “malicious information.”

Legal experts say the ruling could have far-reaching implications, including the potential invalidation of past convictions secured under the struck-down sections.

In its advisory, the UCC urged the public to exercise caution and responsibility online despite the legal changes.

“Let us use technology to advance our socio-economic wellbeing and not to harm others, violate their rights, or undermine the peace and security of our country,” the statement read.

The regulator also encouraged citizens to report cases of misuse of communication platforms to the UCC or the Uganda Police Force, underscoring the collective responsibility to maintain a safe, respectful, and secure digital environment.

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