On Thursday, October 13, 2022, Uganda’s President, Yoweri Museveni signed four bills into law: The Physical Planners’ Registration Act 2022, The Kampala Capital City (Amendment) Act 2022, The Computer Misuse (Amendment) Act 2022 and The Mining and Minerals Act, 2022. However, The Computer Misuse (amendment) law has come under intense scrutiny, criticism and caused uproar especially from some members of the Civil Society Organizations (CSOs) within and outside Uganda, Politicians, Activists, Journalists and the Legal fraternity led by the Uganda Law Society President, Bernard Oundo.
The Youth who constitute the biggest percentage of online users of the internet (13.9 million) and social media (2.8 million) users (Datareportal.com/digital2022-Uganda have voiced their concerns about the new law as well. In 2011, The Computer Misuse Act was enacted and some Ugandans notably, Dr. Stella Nyanzi, former presidential contestant, Mr. Joseph Kabuleta, Novelist, Kakwenza Rukirabashaija have been victims. Hon. Nsereko Muhammad (MP Kampala Central) moved a private member’s bill to amend this Act with the reason that it is defective and does not address the issues of abuses, the right to privacy online.
The amendments will supposedly enhance the provisions on unauthorized access to information or data, to prohibit the sharing of any information relating to a child without authorization from a parent or guardian; to prohibit the sending or sharing of information that promotes hate speech; to provide for the prohibition of sending or sharing false, malicious and unsolicited information; to restrict persons convicted of any offence under the Computer Misuse Act, 2011 from holding office for a period of ten years.
The Computer Misuse (Amendment) Act 2022, which accordingly will enhance the protection of the right to privacy by deterring the misuse of online and social media platforms is viewed suspiciously by most social media and online users in Uganda. Most youth leaders’ interpretation of this law is that of an attack on freedom of speech, expression and a draconian law by the state. Veteran journalist, Charles Oyango-Obbo in his Ear to the Ground column in the Daily Monitor newspaper on Wednesday, October 19, 2022 likened the Computer Misuse Act amendment to a moment of defeat, not authoritarian triumph for the state. “The existing law that muzzles dissenting voices online is now more extreme.” According to former President of Uganda Young Democrats, Christopher Okidi who is also passionate about The 4th Industrial Revolution (4IR), there is going to be a drawback on interactions online, especially among the youth.
According to Okidi, the only way we can come out of this law is by coming together as civil society, political activists, human rights advocates and speaking with one voice against it. Founder and CEO of Legal Brains Trust (LBT), Advocate Isaac Ssemakadde is renowned for defending the rights of Ugandans, activists and the downtrodden. Over the years, he has rescued and bailed out a good number of youths, especially university students whose participation in politics and activism is mostly done using digital, online and social media platforms. Ssemakadde has also provided legal services to many members of universities’ staff challenging unfair treatment at work and notably the case of Dr. Stella Nyanzi, against the state in the Computer Misuse Act 2011 offence.
On October 17 th 2022, Ssemakadde petitioned the East African Court of Justice over the draconian Computer Misuse (Amendment) Act, 2022, stating that, “In its current form, the impugned Law is wholly out of step with the principles of good governance enshrined in the East African Community Treaty. It is a defectively processed blunt instrument that disproportionately restricts freedom of expression online on vague, overly broad and unfounded pretexts and will immediately be weaponized by the Ugandan authorities to silence dissent and prevent people from speaking against bad governance.” Ssemakadde says for the voice of Ugandans to be heard and the youth in particular to be vibrant politically, online repression should be fought collectively. In trying to reach out to the youth who are the majority users of social media and other online platforms, President Yoweri Museveni started blogging, tweeting and Face booking. He affectionately refers to the youth as his ‘Bazzukulu’ i.e. grandchildren in his social media, online messages targeting them. This charm surfaced at the peak of the last presidential campaign and this approach of engagement is commendable.
The youth and young people are largely viewed by government operatives, functionaries and officials as hostile towards them and their programs. By trying to bite using this obnoxious law, internet shutdowns etcetera, the government not only tramples on freedom of speech and expression but inadvertently cripples creativity and many other activities online. Online businesses are affected and the country risks becoming unattractive as an investment destination. The culture of free speech and debate should flourish to get the best out of users both online and offline.
The feeling among Ugandans generally is that the Computer Misuse (Amendment) Act, 2022 is targeting critical voices online and the majority of who are the youth. It was enacted in bad faith to silence government critics who use online platforms to articulate political issues. However, the Computer Misuse (Amendment), 2022 should be expunged from the constitution in order to promote and encourage the culture of debate, free speech and expression, vibrant engagements on social media and other online platforms commonly used by the youth.
