Court declares Section 25 of Computer Misuse Act null and void

Court's decision follows a petition filed by activist Andrew Karamagi who was contesting the provision 6 years ago. 

The Constitutional Court has this morning declared section 25 of the Computer Misuse Act null and void.

Part of Section 25 of the Act which was amended in 2011, provides for offensive communication and conviction of anyone, who willfully and repeatedly uses electronic communication to disturb the peace of any person.

A panel of 5 Justices led by Deputy Chief Justice Richard Buteera ruled out that the provision was in contravention of Article 29(1) of the constitution which guarantees freedom of speech and expression.

According to the Article which was declared null and void, States that “any person who willfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanour and is liable to conviction to a fine not exceeding twenty-four currency points or not exceeding one year or both”

Other Justices on the panel who made the decision unanimously include Kenneth Kakuru, Stephen Musota, Elizabeth Musoke and Monica Mugenyi.

Court’s decision follows a petition filed by activist Andrew Karamagi who was contesting the provision 6 years ago.

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