The Constitutional Court in Kampala has consolidated two petitions challenging the amended Computer Misuse Act of 2022.
On Thursday, a panel of five Constitutional Court Judges, led by Lady Justice Irene Mulyagonja alongside Ketrah Kitarisibwa, Mike Musisi, Byaruhanga Jesse Rugyema and Lady Justice Esta Nambayo, ruled that since most of the challenged provisions are similar, and the Attorney General had not objected to the request for consolidation, they saw no reason to decline the petitioners’ prayers.
The Court has consolidated petition number 34 of 2022, filed by Alternative Digitalk and 12 others, and petition number 37 of 2022, filed by Human Rights Network for Journalists HRNJ)and 13 others.
HRNJ petition was called first, and lawyer Eron Kiiza, being the lead counsel, informed the court about the possibilities of the consolidation after having a prior discussion with petitioners and lawyers in Alternative Digitalk Limited case which forced the panel to call the petition which was number two after Kiiza’s .
As a result, lawyer Peter Arinaitwe had to formally apply for the consolidation, which was granted.
The same court has also set May 12, 2025, as the submission date for the parties to submit the amended revised law editions and May 20, 2025, for rejoinders by the petitioners and then when every document needed is on Court record, the Constitutional Court will issue Judgment on notice.
Some of the other lawyers who have represented the Petitioners include George Musisi, Kakuru Tumusiime, and Aboneka Michael. Notable among the petitioners who were present in the Court include former leader of the Opposition in Parliament, Winne Kizza, Arnold Anthony Mukose, Angella Namirembe, and lawyer Simon Peter Esomu.
On October 17th 2022, a group of activists, lawyers journalists petitioned the Constitutional Court to nullify the Computer Misuse Act of 2022.
They are: , Norman Tumuhimbise, Arnold Mukose, Farida Bikobere , Jeremiah Mukiibi, Kato Tumusiime, Lillian Luwedde ,Rogers Tulyahabwe, Teangel Teddy Nabukeera, Nixon Segawa together with their employer Alternative Digitalk Limited, an Online Television, Activist Angella Namirembe and lawyers Simon Peter Esomu and Anthony Odur.
The group petitioned Court challenging the decision taken on September 8th, 2022 by the Parliament to pass the Computer Misuse (Amendment Act), 2022 which was subsequently assented to by President Yoweri Kaguta Museveni on October 13th, 2022.
The Private Member law tabled by the Kampala Central Member of Parliament, Muhammad Nsereko, makes it a crime to write, send or share hateful, unsolicited, misleading, or malicious information online. The law also criminalises the use of photos on social media without the express permission of the owners.
Further, it prohibits sharing information which is likely to degrade or ridicule another person, group of persons, tribe, religion, ethnicity, or gender, and children without the consent of their parents or guardians.
The same Act creates a punishment ranging between five to 10 years or 10 million shillings or both for people found in breach, and it further criminalises recording another person’s voice or video without their consent and unauthorised access to personal information. But the petitioners argue that the said amendments are overly broad, imprecise, and unjustifiably limit the freedom of expression and the right to practice one’s profession and carry on any lawful occupation, trade or business and access to information.
The petitioners thus asked the Constitutional Court to nullify the amendments and declare them null and void on grounds that they contravene several constitutional provisions.
The Attorney General however asked the Constitutional Court to dismiss with costs the petition in issue on grounds that it lacks merit.
The Attorney General contends that the Act was done in accordance with the law right away from the process of conceptualization, consultation, debating and passing of the contentious law .
The Attorney General, was represented by a State Attorney attached to his chambers, Charity Nabaasa; The Attorney General who was listed as the only respondent to the petition wants the case dismissed saying the petition is misconceived, lacks merit and during the hearing of the case, the petitioners will be put on strict proof over their allegations.
The Attorney General while relying on an affidavit of Adolf Mwesige Kasaija the Clerk to Parliament says the Act was premised on the need to enhance the enjoyment of the right to privacy which is being affected by the abuse of online and social media platforms through an authorized access, sharing unsolicited, malicious, hateful and unwarranted information and to further address new and emerging threats to the enjoyment of the right to privacy guaranteed under the constitution.
“That I know that the members of Parliament debated the advancement of technology, especially computer-generated technology and noted that the internet had become a platform for misuse and abuse, which called for the strengthening of the existing legal framework”, reads the affidavit.
Mwesige adds that the law was also passed to protect the right of privacy for children in the digital age in their best interest, due to increased abuse of their rights, and it was further done to limit hate speech in the interest of the community.
“That I know the Members of Parliament also appreciated the advancement in information technology, which now offers a massive range of new products and services, which are being abused by users through illegitimate unsolicited messages, and there was no existing legal framework to regulate the same”, reads Mwesige ‘s affidavit.
It adds that they also needed to regulate social media.
According to Mwesige , he has been advised by his lawyers in the Attorney General’s chambers whose advice he believes to be true that the contentious sections of the Computer Misuse Act are demonstrably justifiable restrictions in a free and democratic society and do not contravene any provisions of the constitution.
Therefore , the Attorney General who is the official legal representative of government in court wants the petition to be thrown out because the petitioners are not entitled to the prayers, orders and declarations sought.
However, there is also a related case filed by the Legal Brains Trust , a non profit organization also challenging the Computer Misuse Act of 2022 in the East African Court of Justice on grounds that the law infringes on several provisions enshrined in the East African Community treaty where Uganda is a signatory.
There is also a relatively similar petition pending in the Constitutional Court, which was filed in 2019 by the Uganda Law Society, challenging specifically the sections of the Computer Misuse Act which create the offences of offensive communication and cyber harassment onthe grounds that they violate freedom of expression.
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