Constitutional Court strikes down Computer Misuse (Amendment) Act, 2022 provisions and criminal libel
In brief
The Constitutional Court nullified key Computer Misuse (Amendment) Act 2022 provisions and criminal libel (Penal Code s.162) for breaching free expression.
What changed
The Constitutional Court (a panel led by Justice Irene Mulyagonja) declared key provisions of the Computer Misuse Act — those introduced by the Computer Misuse (Amendment) Act, 2022 — unconstitutional for being overly broad and vague and for violating freedom of expression and access to information. The Court also declared section 162 of the Penal Code Act (criminal libel) null and void. The 2022 amendments were additionally faulted for having been passed without verification of quorum.
What it affects
- Online speech, journalists, and anyone advising on defamation or cyber-offences — several criminalised acts no longer stand.
- Re-flag for review: the defamation note (criminal libel under Penal Code s.162 was struck down) and the data-protection note, and the data-protection checklist.
- The exact petition number(s) and neutral citation of the Constitutional Court decision should be confirmed before pin-citing.
Effective date & transition
Effective date: On delivery of the Constitutional Court judgment (2026). The struck-down provisions are null and void from that ruling.
Pending prosecutions under the nullified provisions are affected; the precise consequences for ongoing matters should be confirmed against the judgment and any appeal.
Primary sources
Citations
- Computer Misuse Act, Cap. 96, as amended by the Computer Misuse (Amendment) Act, 2022 — provisions declared unconstitutional.
- Penal Code Act, Cap. 128 — s.162 (criminal libel), declared null and void.
- Constitution — arts. 29 (freedom of expression) and 41 (access to information).