The peril of digital privacy and free speech in Uganda

Abstract

Digital privacy and freedom of expression in Uganda are in peril. Despite subscribing to the basic tenets of democracy, social justice and the rule of law, the Ugandan government has emerged as one of the modern-day digital space tyrants, becoming infamous for exercising excessive powers over digital spaces for political reasons. Such notoriety has been compounded by the continued deployment of surveillance equipment to enable extensive spying on civilians, members of opposition, and activists to silence them. The 1995 Constitution guarantees protections for the rights to privacy, freedom of conscience, expression, movement, assembly and association, and it reiterates the state's obligation to respect, uphold and promote these rights. Similarly, the constitutional general limitation clause under article 43 provides that the rights may be limited for reasons of 'public interest'. However, recourse to public interest may not permit political persecution, detention without a trial or any curtailment of the enjoyment of human rights and freedoms beyond what is acceptable and demonstrably justifiable in a free and democratic society. Yet, revelations on the ground prove that there are several incidents where the 'public interest card' has been invoked beyond what is reasonably admissible in a free and democratic society.