The Head of Legal Affairs at the Uganda Communications Commission (UCC), Abudu Sallam Waiswa has said the commission is prepared to defend the Computer Misuse Act in courts of law which is being challenged in court.
Uganda Law Society this week petitioned the constitutional court to nullify section 24 and 25 of the Computer Misuse Act because it contradicts section 43 of the constitution that allows every citizen freedom of speech and expression.
Article 24 and 25 of the Computer Misuse Act prohibits any person from repeatedly using electronic device to disturb the peace of others through offensive communication.
According to ULS, the two sections are political and too broad that every communication can be twisted to be called offensive
UCC’s Waiswa said UCC is already aware of the move by ULS to contest the two sections in court.
He says however, that the legal team is waiting and eager to defend the law, which in his view is well articulated and made for the protection of every Ugandan, not just a few politicians.
“The act clearly articulates what offensive communication is, it breaks it down so that any person can know when they are crossing the red line in their communications. To me the act is well made and I am sure the courts of law will rule in our favour” he said.
Waiswa further noted that a lot of people are misusing the internet, not knowing that it is illegal and also many victims of Internet Misuse do not report their cases because they are not aware of the legal protection they are entitled to hence the need for more sensitization about the law.
“This law is for all Ugandans. Our Cyber Emergency Legal team is always in place to offer legal help to any victims. We have used this act to prosecute culprits and send them to jail for even over 2 years. The internet does not give you a right to break the law, what is not acceptable offline is unacceptable online” he said.
Waiswa however said UCC is always interested in mediations first before legal action.
The Computer Misuse Act (2011) covers cases like Electronic Fraud, Electronic Loss, Child Pornography, Cyber Harassment, Offensive communication, Cyber Stalking among others