Government to Revise Computer Misuse Act After Court Ruling

On March 26, 2026, the Ugandan government announced its decision not to appeal the Constitutional Court's ruling that nullified key provisions of the Computer Misuse (Amendment) Act. Instead, the government plans to return the legislation to Parliament for proper enactment, addressing the procedural deficiencies identified by the court.

The Constitutional Court had declared sections 11, 23, 26, 27, 28, and 29 of the Computer Misuse Act, along with section 162 of the Penal Code Act, void due to their passage without the required parliamentary quorum, violating Articles 88 and 89 of the Constitution.

Key Provisions Nullified

• Section 11: Unauthorized access to data and recording.
• Section 23: Sharing information about children without consent.
• Section 26: Content that ridicules, degrades, or demeans.
• Sections 27, 28, and 29: Malicious information and misuse of social media.
• Section 162 of the Penal Code Act: Criminal libel.

Government's Response

Attorney General Kiryoowa Kiwanuka advised against pursuing an appeal and recommended that the legislation be sent back to Parliament to address the procedural gaps. Consequently, all criminal proceedings arising from the nullified provisions are to be terminated, and no new arrests should be made under those sections. However, individuals already convicted and serving sentences under the affected provisions will not be impacted by the decision.

Implications for Digital Rights

The nullification of these provisions has been welcomed by digital rights advocates, who view it as a victory for freedom of expression and online rights. The affected sections had been criticized for their potential to suppress dissent and limit free speech. The government's decision to revise the Act provides an opportunity to balance the need for cybersecurity with the protection of individual rights.

Next Steps

The government plans to reintroduce the Computer Misuse Act to Parliament, ensuring that the legislative process adheres to constitutional requirements. This move aims to create a robust legal framework that addresses cybercrime while upholding fundamental freedoms.

As Uganda navigates the complexities of digital regulation, stakeholders, including civil society organizations and the tech community, are expected to engage actively in the legislative process to advocate for a balanced and rights-respecting approach.