What is Offensive Communication?.

Yesterday the police (finally) came out and said that they have a certain award winning writer under arrest for offensive communication. This got us asking ourselves a few questions, what exactly is this offensive communication, can I say something bad and it is offensive communication?

The law (section 25 of the Computer Misuse Act, Act 2 of 2011,) says that Offensive communication is where someone willfully and repeatedly uses electronic communication to disturb the peace and quiet or privacy of someone without any legitimate reason to communicate.

A person who is found guilty of this is liable to a fine of up to UGX 480,000 or imprisonment of up to 1 year or both

In law, every criminal offense has ingredients. These are things that must be proven so that a person is convicted of a criminal offense. For this offense there are 3 elements that must be proven.

1. That there was repeated use of electronic communication

2. That the peace and quiet of a person was disturbed without any legitimate reason. (This means that there was no reason to say something about someone). If you say a person did something and it is true then this person did that thing, then you may be disturbing their peace, but for a genuine reason of highlighting what they did.

3. The accused person must have done that very thing.

Should anything a person be taken as offensive communication?

No, there are things that reasonably cannot be taken as things that disturb the peace and quiet of a person. For example if you tell the world that you do not like a certain person, even if it might make this person unhappy, then this cannot be something that is offensive communication.

#BarefootLaw

#osutayusuf

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Osuta Yusuf

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