Poll observers warn govt on computer misuse law
A woman using a desktop to browse internet at her work place recently. PHOTO | FILE
Election observers have warned the Government of Uganda against using the computer misuse law to restrict the freedom of expression of citizens on social media and other online platforms.
This was during the launch of the report titled ‘State of Civic Space in Uganda 2022’ in Kampala yesterday by Alliance for Finance Monitoring (ACFIM).
The executive director of ACFIM, Mr Henry Muguzi, said government should exhibit a degree of tolerance to dissenting voices that have found refuge on online spaces.
“The computer misuse law is the recent spanner in the works of shrinking of all available spaces for citizens to engage with people in power,” he said.
Mr Muguzi added that as election observers, they think the law was enacted to intimidate free speech, which they say is not good for democracy.
“We think for the democracy to thrive , citizens must find spaces where they discuss matters of government and governance in a way that deepens their understanding but also appreciation of the challenges in order for them to be able to make informed decisions in the next election,” he said.
The Computer Misuse Act, which was assented to last month by President Museveni, introduces punitive measures against Internet users who send malicious and unsolicited information as well as share that about children without the consent of their parents or guardians. Section 23(A) of the law creates the offence of hate speech, which includes the writing, sending or sharing of any information through a computer, which is likely to ridicule, degrade or demean another person, group of persons, tribe, ethnicity, religion, or gender. If convicted, one faces seven years imprisonment or a fine of Shs10m.
Mr Muguzi added that by enacting the law, the waves of fear have started tackling through society, which violates their freedom of expression and restricts them from making independent electoral decisions.
“Some of the provisions in that law are draconian because it was not enacted in good spirit; we think it was enacted by ignoring the principle that the law must be blind. The law was enacted to target specific people and it not fair because the law must be blind and applied to all citizens,” he said.
When contacted yesterday, Mr Ofwono Opondo, the government spokesperson and executive director of the Uganda Media Centre, said organisations such as ACFIM are not part of Uganda’s governance structure to advise the government how it should run its affairs.
“There are thousands of laws on Uganda statute books and why do they feel only the computer misuse law targets specific individuals? Can they name those being targeted?” he wondered.
Findings of the report launched yesterday indicate shrinking civic space in Uganda.
Mr Abel Eseru, one of the lead researchers, said: “The study, which was done in 13 districts on the shrinking civic space in Uganda, shows that there is a need to amend the restrictive provisions on all legal instruments that curtail civic space and replace them with more enabling provisions.”
The study was conducted in a period of four months from June to September.
Mr Eseru added that the study also intended to identify gaps and opportunities in civic space and the capacity of civil society partners to protect and promote it in a repressive environment.
About the law
The Computer Misuse Act, among others, creates the offence of misuse of social media against a person who uses the platforms to publish, distribute or share information, prohibited under the laws of Uganda or using disguised or false identity.
The law is an amendment to the principal Act of 2011 to introduce hefty fines, and tougher punishment against cybercrime.
