Uganda's Constitutional Court Strikes Down Computer Misuse Act

The Constitutional Court in Kampala has ruled that Section 25 of the Computer Misuse Act, 2011 which speaks about offensive communication, contravenes the Constitution and is therefore outlawed. In 2016, Andrew Karamagi and Robert Shaka went to court to challenge a section of the law that they argued infringes on citizens' right. In a unanimous decision, the five justices of the Constitutional Court ruled that it should be scrapped for being too vague and overly broad to define the actual offence committed.

Section 25 of the Computer Misuse Act 2001, also known commonly as offensive communication, deals with the "willful and repeated use of electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues" and is punishable by "a fine not exceeding twenty-four currency points or imprisonment not exceeding one year or both".

In the past, the government has been accused of using the Computer Misuse Act to stifle speech by members of the public, especially from the opposition critical of the government. A number of activists, including Stella Nyanzi and writer Kakwenza Rukirabashaija, have in the past been arrested and detained for allegedly breaking the law.