An analysis of the impact of the computer misuse act, 2011 on the freedom of expression in Uganda

Abstract

On Tuesday 28th December 2021 renowned novelist and government critic Kakwenza Rukirabashaija was gruesomely arrested and detained. Later in a statement by police, it was revealed that Kakwenza was being held on charges of “offensive communication” under the Computer Misuse Act for posting tweets which allegedly disturbed the peace of the president and his son with no purpose of legitimate communication. This scenario is emblematic of the shrinking space for free expression in the Ugandan cyberspace. While the Internet is frequently hailed as a tool for individual free expression, this is not the case in Uganda where the state is using the Computer Misuse Act, specifically sections 24 and 25, to limit online freedom. This paper therefore analyses the impact of the CMA on the freedom of expression.