Nsereko Mohamad’s Heavy Cyber Law Penalties Not Good For Free Speech

On the Watch by Alaba

On July 19, 2022 Hon. Nsereko Mohammad probably worn out of the cyber bullying and criminal acts constantly emerging in the public sphere used his mandate as a legislator to propose cyber laws that would restore privacy and virtual humility in the masses who are outing everything about everyone without clarity and sometimes authenticity.

While Hon. Mohammad Nsereko’s Cyber Law propositions make good sense the penalties are the thorn on the rose. Sharing information about a child needs the consent of a parent or guardian or else you get thrown out of public service or a job in a public office never to be employed again for 10 years. It also attracts 7 years in jail and 15 million shillings as a fine.

This law will stop people from sharing hate speeches and sharing false and unsolicited information. But what if that parent or guardian is abusing that child and social media will be the only point to expose the monster. Or what if the child is lost and tracking needs to be done. This might deter justice as it attempts to implement justice.

Hon. Nsereko’s bill also amends the Computer Misuse Act, which criminalises hacking. It is fair enough because nosing into others business or reprogramming their work is awful. But the part that talks of voice or video recording another person or share information about another person.

That touches the core of news reporting. It also prohibits recording of criminal action and lewd actions that might be in public interest. Some crimes have been resolved on footage captured by civilians. Citizen journalism cannot be criminalized.

And the penalty is 15 Million Shillings or 7 years in jail or both. People will begin to fear capturing criminal acts and justice will not be served. So justice in this case hinders justice.  The bill is a good proposal with a streak of relative emotional spates that can be further rationalized before people get hurt.