Draconian Law; Uganda Parliament Passes “Misuse of Social Media” Bill 2022. Here is what you need to know.

The Ugandan Parliament on Thursday afternoon passed the controversial Computer Misuse (Amendment) Bill, 2022 which freedom fighters say has the potential to chill protected speech and expression.

A new clause to regulate social media “misuse of social media” was inserted into the Bill before its passing during a plenary session chaired by Speaker Anita Among. 

“A person who uses social media to publish, distribute or share information, prohibited under the laws of Uganda or using a disguised or false identity, commits an offense,” the Bill reads in part.

“Where the information under subsection (1) is published, shared or distributed on a social media account of an organization, the person who manages the social media account of the organization, shall be held personally liable for the commission of the offence.”

Parliament said once assented to by the President, the new law will “among others enhance the protection of children and prohibit the sending or sharing of information that promotes hatred.”

The Chairperson of ICT Committee Hon Moses Magogo says the Computer Misuse (Amendment) Bill, 2022 is premised on the need to enhance the enjoyment of the right to privacy which is being affected by the abuse of online and social media platform

However, Hon Gorreth Namugga, the shadow minister for Technology in her minority report says the bill should be withdrawn because it is a duplication of the existing laws and delimits the freedom of press.

The law prohibits unauthorized access to information or personal data; the sharing of any information relating to a child without authorisation from a parent or guardian; the sending or sharing of information that promotes hate speech; and provides for the prohibition of sending or sharing false, malicious and unsolicited information among others. 

The passing of the Bill comes just a day after Ugandans took to social media to blast Parliament for trying to sabotage Nyege Nyege, a popular tourism event on grounds of immorality.

Human rights groups say the Bill sponsored by MP Mohamed Nsereko will infringe on freedom of expression.

Unwanted Witnesses said the clauses in the proposed amendment bill concern fundamental rights like freedom of expression, and as such, there is a demand for a higher degree of clarity. 

“Aside from their potential to chill protected speech and expression, and if the different clauses are passed in their vagueness status, the law will be dangerous because it will be subject to discriminatory enforcement by officials who interpret it as they see it fit and with convenience,” said Unwanted Witness recently.

For example, clause 2 of the proposed bill intends to prohibit any person without authorization from accessing or intercepting any program, sharing any information about or relating to another person, or another person’s data or information, voice or video recording.

Bill.

The Ministry of Information, Communication, Technology and National Guidance recently said that the Computer Misuse (Amendment) Bill 2022 should be withdrawn.

The Permanent Secretary, Dr Aminah Zawedde said that her ministry was in the process of bringing a holistic and encompassing bill that will address gaps in the Acts governing the ICT sector including the current Computer Misuse Act 2011.

“We recommend that we halt the Computer Misuse (Amendment) Bill, 2022 and we await the Information and Communications Bill, 2022 that will incorporate this bill as well,” Zawedde said.

According to Dr. Zawedde, some of the provisions in section 22 are already provided for under the Anti-Pornography Act, while proposed provisions in section 23 are already provided for under the Penal Code Act.

However, the Committee chairperson, Hon. Moses Magogo said that the ministry’s proposal to call for withdrawal of the Computer Misuse Bill will not stop the committee from processing the bill.

“ As a committee, we shall continue with our discussion and meeting other stakeholders. Allow us to internalize it and we shall definitely include the ministry’s opinion in the recommendation to Parliament,” Magogo said.

Observers say the Bill will suppress digital rights including free expression and access to information.

CIPESA, an NGO which promotes inclusive ICT Policy in Africa said the Bill proposes the adoption of very punitive and prohibitive penalties which could not only hinder expression and access to information but also transparency and accountability in governance.

The penalties proposed stretch to Shs 15 million (USD 3,900), imprisonment not exceeding 10 years, or both for unauthorised access, interception, recording and sharing of information under clause 2.

On the other hand, sharing information related to children (clause 3), hate speech (clause 4), unsolicited information (clause 5) and misleading or malicious information (clause 6) are punished with imprisonment not exceeding seven years.

While specifically targeting leaders, Clause 7 of the Bill seeks to bar persons convicted under the Computer Misuse Act from holding public office for a period of 10 years, and to further dismiss convicted personsfrom public offices that they were holding.

In addition to the restrictions under the  Official Secrets Act  it may discourage the disclosure of information by duty bearers where such disclosure would be necessary for enforcing transparency and accountability.