Two portions of the controversial Cybercrime Act have been ruled as constitutional by the high court on Wednesday, March 8.
JamiiForums, a social media hangout popular with whistleblowers, had challenged two clauses pertaining to disclosing data and sources (section 32) and court proceedings (section 38).
The court upheld both sections as constitutional.
“With this kind of ruling … I don’t think whistleblowers will be safe” says JamiiForums co-founder Maxence Melo, who faces three charges under the Cybercrimes Act for refusing to reveal the identities of his users.
Despite the loss, JamiiForums’ lawyer says the ruling may help Melo’s ongoing cases.
Judges were left wondering why regulations regarding the implementation of the Cybercrimes Act have not been enacted, says advocate Benedict Alex.
Alex says they plan to appeal the decision or pursue judicial review.