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28 Mar 2019

Constitutional Law [2019] EACJ 2

Media Council of Tanzania and Others v Attorney General of the United Republic of Tanzania

Media Council of Tanzania and Others v Attorney General of the United Republic of Tanzania (Reference 2 of 2017) [2019] EACJ 2 (28 March 2019) (First Instance Division)

Court: East African Court of Justice
Case number: Reference 2 of 2017
Judge: Mugenyi JA

The East African Court of Justice has exclusive jurisdiction to interpret and apply the Treaty for the Establishment of the East African Community, and there is no requirement for exhaustion of local remedies for references brought under Article 30. The impugned provisions of the Media Services Act, No.120 of 2016—specifically sections 7(3)(a), (b), (c), (f), (g), (h), (i), and (j); 19, 20, 21; 35-40; 50(1)(c)(i), 54; 52, 53; and 58, 59—are found to be vague, overbroad, and lacking sufficient clarity, thereby failing the three-part test of legality, legitimate aim, and proportionality. These…

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Freedom Of Expression
Press Regulation
Criminal Defamation
Prior Restraint
Accreditation Of Journalists
Sedition Laws

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15 May 2015

Constitutional Law [2015] EACJ 91

Burundian Journalists Union v Attorney General of Republic of Burundi

Burundian Journalists Union v Attorney General of Republic of Burundi (Reference 7 of 2013) [2015] EACJ 91 (15 May 2015) (First Instance Division)

Court: East African Court of Justice
Case number: Reference 7 of 2013
Judge: Lenaola DJP, Mugenyi J, Ntezilyayo J

The Court held that it has jurisdiction to interpret the Treaty and determine whether Burundi's Press Law violates Articles 6(d) and 7(2). While some provisions of the Press Law, such as accreditation and the right of reply, were found to be reasonable and not in violation, others—specifically Article 19(b), (g), (i), and part of (j) (restricting dissemination of information on currency stability, offensive articles, information harming state credit/economy, diplomacy, scientific research, and commission reports) and Article 20 (requiring disclosure of confidential sources)—were found to be u…