Just In: Constitutional Court overturns Computer Misuse Act

Uganda’s Constitutional Court has struck down the Computer Misuse (Amendment) Act, declaring that Parliament passed the law in contravention of the Constitution.

The ruling, delivered on Tuesday morning, follows a long-running legal battle over the controversial law that has been widely criticised by civil society groups, journalists and digital rights activists.

Lawyer George Musisi, one of the petitioners, announced shortly after the ruling that the court had declared the law null and void.

“The Constitutional Court has found that Parliament passed the Computer Misuse Act in contravention of the Constitution, and thus declared null and void,” Musisi said.

He added that while past convictions secured under the law may not automatically be overturned, ongoing criminal cases could collapse.

“Convictions cannot be overturned, but ongoing cases like the charges against comrade Male Mabirizi should be dropped,” he said.

Another petitioner, lawyer Eron Kiiza, said the ruling followed a long legal fight against what activists described as an unconstitutional law.

“At the Constitutional Court on May 8, 2025, we challenged the null and void Computer Misuse Act that Parliament passed without following the relevant constitutional provisions,” Kiiza said. “Thanks to everyone who made this battle for freedom worth fighting in this arena.”

Journalist Agather Atuhaire, who was also part of the petitioners, described the decision as an important win, although she noted that the ruling was based on procedural grounds.

“It went well. We won. The Constitutional Court agreed with us that the Computer Misuse Amendment Act is unconstitutional and therefore null and void,” Atuhaire said.

“In a nutshell, it was struck down on a technicality and not its merits. Not a very resounding victory but an important small win nonetheless.”

However, by Monday afternoon, the detailed judgment had not yet been released and it remained unclear on which specific constitutional grounds the court nullified the law.

The Computer Misuse (Amendment) Act was passed by Parliament on September 8, 2022 and later assented to by President Yoweri Museveni on October 14, 2022, amending the original Computer Misuse Act of 2011. 

The amendments introduced tougher provisions regulating social media use and criminalised the sharing of what authorities described as “malicious information,” as well as unauthorised sharing of personal information and online content considered degrading or hateful. 

Critics argued that the law was vague and overly broad, warning that it could be used to silence critics and restrict freedom of expression. Civil society organisations, journalists and lawyers later petitioned the Constitutional Court, arguing that Parliament passed the law without proper quorum and that several provisions violated constitutional rights. 

Among the individuals affected by the law is city lawyer Male Mabirizi, who has faced charges under the Computer Misuse Act over online remarks targeting public officials. 

With the court now striking down the law, legal experts say cases built on the contested provisions could collapse.