Is a cyber law being used to fix Museveni ‘tormentors’?

The ongoing arrests of activists and other citizens critical of President Museveni on social media and other internet platforms have triggered concerns over the shrinking space of free speech in the country with suggestions that the State is relying on a controversial law to crackdown on the cherished freedom.
Since October 5, three people, including embattled Makerere University academic Stella Nyanzi, have been arrested and charged under the Computer Misuse Act, 2011, which has since been challenged by activists and lawyers in court.
Dr Nyanzi, a Makerere University research fellow, was again remanded to Luzira Prison on November 9 on charges of cyber harassment and offensive communication relating to harassing President Museveni when she allegedly insulted his late mother on her Facebook page.
The number of those arrested for allegedly offending President Museveni is even bigger, at least 10, since the divisive 2016 general elections. While many more internet users, including activists, journalists and human rights defenders have been arrested and charged under the same law, President Museveni’s vocal opponents have received a lion’s share of indictments with all charged with offensive communication and cyber harassment contrary to section 25 of the Computer Misuse Act, 2011.
Generally, last year, 2017, registered the highest number of Ugandans ever arrested for their online expression according to a report by Unwanted Witness, an independent civil society organisation (CSO) of bloggers, activists, writers and human rights defenders whose vision is “creating platforms that guarantee internet/ online freedoms”.
As the curtain falls on 2018, however, and with the mounting crackdown, 2018 is poised to dwarf 2017 in terms of Internet users arrested, kidnapped or interrogated by police for their online content, especially against President Museveni and the First Family.
Specifically, the State has relied on Section 25 of the Computer Misuse Act 2011 which deals with offensive communication.
“Any person who wilfully and repeatedly uses electronic communication to disturb or attempts to disturb the peace, quiet or right of privacy of any person with no purpose of legitimate communication whether or not a conversation ensues commits a misdemeanour and is liable on conviction to a fine not exceeding twenty four currency points or imprisonment not exceeding one year or both,” the act reads in part. Twenty four currency points is an equivalent of Shs480, 000.
Henry Maina, the regional director of ARTICLE 19, an international organisation promoting freedom of speech without fear of discrimination, says the developments have a general impact on freedom of expression.
“It is unfortunate that the government of Uganda continues to arrest and prosecute activists and social media commentators for allegedly insulting the President or any other public official. The Computer Misuse Act as currently formulated does not prevent public officials from using the chilling effect of litigation as it does not raise substantive and procedural barriers to potential abusive claimants,” he said.
“Further, such provisions frustrate any genuine dissenters who would like to hold governments to account and to make fair comments on matters of public interest.”
Journalist and researcher Lydia Namubiru says the Computer Misuse Act, 2011, is being abused by targeting those who take to online platforms, among others, to criticise President Museveni.
“It’s absurd that people keep being prosecuted for insulting [Mr] Museveni. A law that was written to protect ordinary users from online harassment is being abused to suck up to the most powerful citizen. Saying something unflattering about the President isn’t harassment,” she says.
“If he [President Museveni] finds that the way Ugandans engage with him online offends him personally, he has the budget to assign someone else to his social media engagement. That respects both his rights... while also protecting the constitutional right to free expression.”
In an interview, Dorothy Mukasa, the chief executive officer of Unwanted Witness Uganda, said it was ironic that the President has not directly addressed those allegedly insulting him, sued them or even gave testimony in court.
“All of them [the cases] have never been determined to the logical conclusion. It is like taking people to court, to police, inconveniencing or traumatising them and then at the end of the day, they are let free without any judgment. What does that say? It reflects that the charge itself is defunct, it can’t stand,” Ms Mukasa said.
“It is a section that the people around the President, the forces that are protecting the President, are using to silence whoever is coming out to directly demand accountability from the President.”
Sunday Monitor put the different concerns to Information minister Frank Tumwebaze. In a response, he said only those that abuse the available platforms face the wrath of the law.
“Does criticism mean hurling insults and vending hate speech? The law is intended to indeed fight misuse and abuse of platforms and tools of speech,” he said.
“Aren’t we, upon higher reflection, supposed to blame the person, castigate and condemn him as we wish, while keeping his dead mother out of the conversation? Playing victim has limits, and freedom of speech is not supposed to imply infallibility,” a government official, who declined to be quoted, told Sunday Monitor in response to comments Dr Nyanzi allegedly made about President Museveni’s mother.

Law challenged
On April 20, 2017, in constitutional petition number 15 of 2017, Unwanted Witness petitioned the Constitutional Court challenging the constitutionality of Section 25 of the Computer Misuse Act, 2011.
“The process, like any other legal process in Uganda, especially cases that do not have political interest, we petitioned the Constitutional Court in 2017 but up to now, the case has stayed in the Constitutional Court, it hasn’t even reached the conferencing level. It shows how the courts are betraying Ugandans, especially when it comes to their human rights,” Ms Mukasa said.
In comparison to other countries, including in the East African region, freedom of expression among other freedoms is still outstanding but concern is rising. Some of the examples include: