Court Overturns ‘Nsereko Bill’ in Landmark Victory for Free Speech in Uganda

KAMPALA, Uganda — The Judiciary of Uganda has struck down the Computer Misuse (Amendment) Act, 2022, commonly known as the “Nsereko Bill,” declaring it null and void due to procedural violations during its passage in Parliament.

In its ruling, the Constitutional Court found that lawmakers failed to observe mandatory quorum requirements before voting on the legislation, rendering the entire process unconstitutional.

The petition was filed by a group of journalists, lawyers, and civil society organizations, including Agather Atuhaire, Lillian Drabo, and the African Centre for Media Excellence, among others. They argued that the law had been used to suppress free expression by criminalizing “false or misleading” information shared online, with penalties of up to five years in prison.

Legal experts and rights advocates welcomed the ruling as a significant victory for constitutionalism and press freedom. Lawyer George Musisi described the decision as a major setback to efforts aimed at curbing freedom of expression in Uganda.

Reacting to the judgment, Atuhaire said the ruling vindicates concerns that were raised during the law’s controversial passage in Parliament.

She also praised Gorreth Namugga for her outspoken opposition to the Bill at the time, noting her “good fight” against what she described as an intimidating legislative process.

Atuhaire further expressed hope that individuals who were charged under the now-nullified law would be released and possibly compensated for wrongful prosecution.

The law, which amended provisions of the original Computer Misuse Act, had drawn widespread criticism from journalists, activists, and opposition figures who argued it was being used to target dissenting voices, particularly on digital platforms.

 

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