Key Part Of Controversial Internet Law Removed By Uganda Court

Uganda's Constitutional Court on Tuesday removed a key part of a controversial internet law that rights groups charged was aimed at stifling free speech.

A segment of the Computer Misuse Act made it a crime for anyone to "use electronic communication to disturb or attempt to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication".

The article of the 2011 law, according to Justice Kenneth Kakuru, violated the country's constitution and was "null and void," according to the court's five-judge panel.

"I find that the impugned section is unjustifiable as it curtails the freedom of speech in a free and democratic society," Kakuru said, describing it as "overly vague".

The communications legislation has drawn criticism from rights groups for being a tool used by the government to stifle free speech and crack down on President Yoweri Museveni's detractors.

The decision was praised by rights activists, but the administration has not yet indicated whether it would appeal.

"This is not only victory for us as petitioners but to human rights defenders in general," said Andrew Karamagi, who was one of those behind the legal challenge first filed in 2016.

"Justice has been delivered. This oppressive piece of legislation has been put in check," added rights lawyer Eron Kiiza.

"Human rights and freedom of expression can never be wished away by mere legislation and by any government," he told AFP.

An update to the Computer Misuse Act that added stricter regulations governing online behaviour and heavier penalties for violators was also challenged in court last year by prominent Ugandan rights organizations and attorneys.

The measure, which Museveni signed into law in October, has drawn criticism from Amnesty International for being "draconian."

Amnesty International said that the 10-year ban on public office for anyone convicted under the bill will serve to further restrict online freedom of speech, particularly that of political opposition organizations.

Additionally, offenders risk jail sentences of up to seven years and penalties of up to 15 million Ugandan shillings (about $3,900).

In Uganda, there have been numerous crackdowns on those who oppose Museveni's rule, especially in the run-up to the 2021 election.

Journalists have been attacked, attorneys have been imprisoned, election observers have been charged, the internet has been shut down, and opposition leaders have been violently silenced.