Constitutional Court nullifies section 25 of Computer Misuse Act

By Rachael Najjuma

10^th Jan 2022

The Constitutional Court has on Tuesday declared section 25 of the computer misuse Act 2011 null and void on grounds that it curtails the freedom of speech in a free and democratic society.

Section 25 of the Computer Misuse Act 2011 declares it an offence for any person to willfully and repeatedly use electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication.

In their petition, Andrew Karamagi and Robert Shaka stated that the Section is an insidious form of censorship which restricts the free flow of opinions and ideas essential to sustain the collective life of the citizenry in the digital age thus inconsistent with and in contravention of Article 29(L)(a) of the Constitution and should be scrapped.

In their judgment on Tuesday, five constitutional judges led by Justice Richard Buteera concurred with the petitioners contending that in a democratic and free society, prosecuting people for the content of their communication is a violation of what falls within guarantees of freedom of expression in a democratic society.

They further noted that Section 25 of the Computer Misuse Act does not specify what conduct constitutes offensive communication and to that extent it does not afford sufficient guidance for legal debate.

In the circumstance, the enforcement of the said section has been stayed and costs to the petitioner have been awarded.