10th
July 2014
HRNJ-U Statement: Computer Misuse Act 2011
The
Computer Misuse Act, 2011 is a major threat to digital freedoms and other
fundamental human rights in Uganda. According to an analysis report produced by
Human Rights Network for Journalists-Uganda (HRNJ-Uganda), the law gags freedom
of Information, Expression, Privacy and it contains a number of unnecessary vague
sections that can be used to infringe freedoms of Assembly, Association and
other fundamental human rights. This coincides
with the new global trend adopted by states to muzzle citizens in their quest
to demand for free expression and other internet freedoms as they seek to cause
positive change in their societies.
The
analysis report funded by the Web We Want, points out such Sections like 5, 12
and 18, which unduly limit access to information in a broad manner and does not
conform to the standards set out within the Constitution of the Republic of
Uganda, Universal Declaration of Human Rights and the International Covenant on
Civil and Political Rights. The limitations set out in the Act do not serve any
pressing social need; they are overly broad, unjustifiable and irrelevant. Others include Sections 9, 10 and 11 which
pose a serious threat to the right to privacy. Unlimited powers are granted to
an ‘investigative officer’, not defined by law, to access data stored or
processed by a computer for purposes of criminal investigations or prosecution
of an offence.
The
vague and imprecise provisions that can be interpreted to the detriment of
persons include among others sections 3, 21(2), 24, 25 and 28(5)
HRNJ-U
is concerned by the revelations of the analysis. Such clauses should be
repealed in order to safe guard the fundamental media rights and freedoms of
express and information HRNJ-U calls on all stakeholders to engage in a process
which will lead to elimination of such restrictive sections in the Computer
Misuse Act, 2011.
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