Freedom of expression in the digital era: examining the constitutionality of laws restricting digital expression in Uganda

Abstract

This dissertation critically examines the constitutionality of Uganda’s statutory laws governing freedom of expression in the digital space, with a particular focus on the Computer Misuse Act Cap.96, Penal Code Act Cap.128, Anti-Terrorism Act Cap.120, and other related legislation. While Article 29(1)(a) of the 1995 Constitution of Uganda guarantees the right to freedom of speech, press, and expression, this study finds that the current legal framework disproportionately restricts these rights especially online through vague, overly broad, and often politically motivated provisions. The study pursued four key objectives: to examine the existing legal framework on freedom of expression in Uganda; to assess the constitutionality of Uganda’s digital regulatory laws; to compare Uganda’s digital expression laws with those of the United States of America, United Kingdom and South Africa; and to propose recommendations for aligning Uganda’s laws with both its constitutional mandate and international human rights obligations. The research employed a comparative and doctrinal legal methodology, drawing on constitutional texts, statutes, case law, and international instruments such as the International Covenant on Civil and Political Rights, Universal Declaration on Human Rights, and the African Charter on Human and Peoples’ Rights. Cases against persons such as Dr. Stella Nyanzi and Kakwenza Rukirabashaija revealed a concerning trend of using statutory provisions to suppress dissent and curtail political speech. Findings show that Uganda’s laws on digital expression are largely inconsistent with its Constitution and international legal standards. Unlike the U.S., where the First Amendment robustly protects political and online speech, Uganda’s legal framework allows for arbitrary enforcement and criminalization of dissent. Similarly, comparisons with the United States of America, United Kingdom and South Africa highlight a need for Uganda to modernize its legal approach in a way that respects digital rights. The study concludes by recommending comprehensive legislative reforms and alignment of Uganda’s laws with both domestic constitutional values and international human rights standards. Without such reforms, Uganda risks deepening democratic backsliding and eroding fundamental civil liberties in the digital age.