Primarily the aim of laws is to remedy mischief. In its object clause, the Pc Misuse (Modification) Invoice 2022 seeks to boost the provisions on unauthorised entry to knowledge, and prohibit the sharing of knowledge referring to youngsters with out authorisation from their dad and mom or guardians.
The Invoice additional seeks to ban sending or sharing false, malicious, and unsolicited info.
Though in his request for go away to introduce a personal member’s Invoice MP Mohammed Nsereko justified the truth that the world continues to expertise speedy development in the usage of know-how, resulting in the adoption of social media platforms as a method of communication and interplay, the objects of the Invoice he has since launched counsel in any other case.
Aside from the Invoice looking for to ‘remedy a mischief’ that’s already cured by the present authorized framework, it additionally seeks to unjustifiably and disproportionately curtail digital freedoms and rights resembling, the liberty of expression on social media platforms.
In 2019, the Information Safety and Privateness Act was enacted to guard privateness, regulate the gathering and processing of private info and regulate the use or disclosure of private info.
The enabling rules to help enforcement are already in place and the respective establishments to implement the Information Safety and Privateness Act are operational, that’s to say, the Private Information Safety Workplace.
The redundancy of the Pc Misuse (Modification) Invoice 2022 lies in the truth that the Information Safety and Privateness Act already cures the mischief that the Invoice purports to remedy.
The Information Safety and Privateness Act already bars unauthorised entry to non-public info, gives for lawful means for accumulating, storing, and the duty to place in place safety measures in opposition to unauthorised entry to non-public info.
The Information Safety and Privateness Act additional gives for offences for such unauthorised entry to non-public info and the penalty thereto.
Regarding the sharing of knowledge referring to youngsters with out authorisation from their dad and mom or guardians, the Information Safety and Privateness Act regulates the gathering, entry, and sharing of private knowledge referring to youngsters and the Pc Misuse (Modification) Invoice is barely duplicating what’s supplied for beneath the Act.
The Information Safety and Privateness Act establishes the Private Information Safety Workplace which is liable for private knowledge safety and is already established and making efforts to collaborate with different enforcement businesses just like the Police and Director of Public Prosecution Workplace to boost enforcement of the Information Safety and Privateness Act.
With many of the prosecutions up to now primarily based on the Pc Misuse Act, 2011 having been principally politically motivated prosecutions, an extra criminalisation of speech on social media platforms would solely entrench the violation of freedom of expression and speech on digital areas.
This isn’t to condone sending or sharing false, malicious, and unsolicited info however our authorized framework already gives for authorized recourse the place such malicious, false and unsolicited info is shared with the inspecting public.
Expertise as an enabler has, amongst different issues, enhanced the way in which we talk and we can’t proceed leveraging on its advantages via draconian and redundant laws.
We are able to solely profit from know-how if our method to laws is progressive whereas remembering that it’s not the limitation to enjoyment of a proper that’s elementary however the precise / freedom.
Andrew Wandera, Advocate of the Excessive Court docket