The Uganda Law Society has welcomed a landmark ruling by the Constitutional Court of Uganda declaring the Computer Misuse (Amendment) Act, 2022 unconstitutional, in a decision it described as a major victory for freedom of expression.
In its judgment in Constitutional Petition 42 of 2022, Uganda Law Society v Attorney General, the court found that the law, also known as the Muhammad Nsereko Bill, was enacted in violation of Articles 88 and 89 of the Constitution, which govern parliamentary quorum.
As a result, the court issued a permanent injunction restraining the government and its agencies from enforcing several provisions of the Computer Misuse Act, including sections 11, 23, 26, 27, 28, and 29.
The ruling effectively nullifies ongoing prosecutions based on the invalidated provisions.
“The implication is that all ongoing criminal trials founded on these provisions must therefore be terminated immediately and the charges dismissed,” the Uganda Law Society said in a statement.
The Society described the judgment as “a clear vindication” for several content creators, including Male Mabirizi, Ibrahim Musana, and Emmanuel Nabugodi, who had been charged under the contested provisions.
However, the Society noted that the ruling comes too late for individuals who had already been convicted and served sentences under the law since it received presidential assent on October 14, 2022.
It urged affected persons to seek legal advice on possible remedies, adding that those unable to afford private counsel should turn to the Legal Aid Project’s 22 branches across the country.
In a related development, the Constitutional Court also upheld the Law Society’s challenge to Section 162 of the Penal Code Act, which provides for criminal libel.
The court found the provision inconsistent 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, both of which guarantee freedom of expression.
In reaching its decision, the court departed from its earlier position in Joachim Buwembo v Attorney General (Constitutional Reference 1 of 2008).
It further indicated that several offences previously introduced under the Computer Misuse Act—such as those framed as hate speech, unsolicited information, malicious information, and misuse of social media—were, in substance, a reintroduction of criminal libel and offensive communication.
These offences had earlier been nullified in Andrew Karamagi v Attorney General (Constitutional Petition 5 of 2016), a position consistent with precedent set in Charles Onyango-Obbo & another v Attorney General (Constitutional Appeal 2 of 2002).
The Uganda Law Society expressed gratitude to Gorreth Namugga, whose Minority Report opposing the Nsereko Bill was acknowledged in the judgment.
It said she “fiercely opposed the Nsereko Bill as a threat to freedom to expression and the right to access to information.”
The Society also commended its legal team, including Vice President Asiimwe Anthony, Phillip Karugaba, Jude Byamukama, Patrick Mugalula, Edwin Mugumya, and Paul Katunguka, for their role in prosecuting the petition.
“We will continue to act firmly against any law or action that undermines democracy, restricts freedom, or threatens the constitutional rights of Ugandans,” said Uganda Law Society President Isaac K. Ssemakadde in the statement.
