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Constitutional Court nullifies Computer Misuse Act

by Musa Mbogo
in News
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The Constitutional Court has declared the Computer Misuse (Amendment) Act, 2022 as null and void, ruling that it violated the Constitution.

The law, famously knwon as “Nsereko Law” was tabled by the outgoing Kampala Central MP Muhammad Nsereko and passed by Parliament in September 2022, was later assented to by President Museveni.

The law aimed to regulate online conduct, prohibit unauthorized access to data, restrict sharing of children’s information without parental consent, criminalize hate speech, and bar offenders from holding public office for up to 10 years.

However, the Uganda Law Society (ULS), along with 26 organizations and individuals, challenged the law in court.

Their petition, filed in 2022, argued that the law was passed without public consultation and without ensuring a proper quorum in Parliament.

Lawyers representing the petitioners included George Musisi, MP-elect for Kira Municipality, and Eron Kiiza.

The petitioners stated that the Amendment was passed without confirming that Parliament had the required quorum for each clause and during Committee of the Whole House debates.

The court agreed with the petitioners, noting that several provisions of the law were inconsistent with constitutional principles, including those on participatory democracy.

The ruling effectively nullifies all sections of the Act.

Tags: Constitutional CourtUganda
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Musa Mbogo

Musa Mbogo

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