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Uganda Case Law

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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)

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…

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

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…

  • Freedom Of Expression
  • Press Regulation
  • Accreditation Of Journalists
  • Confidential Sources
  • Content Restrictions
  • Right Of Reply
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Constitutional Law [1998] ACHPR 3

Media Rights Agenda and Others v Nigeria (Communication 105 of 1993; Communication 128 of 1994; Communication 130 of 1994; Communication 152 of 1996)

Media Rights Agenda and Others v Nigeria (Communication 105 of 1993; Communication 128 of 1994; Communication 130 of 1994; Communication 152 of 1996) [1998] ACHPR 3 (31 October 1998)

The Commission found that the Nigerian government, through Decrees No. 43 and 48, imposed restrictions on the press that violated the right to freedom of expression by granting the registration board unfettered discretion to deny registration and by proscribing publications without due process. The ouster clauses in these decrees deprived individuals of access to courts, rendering local remedies ineffective and violating the right to a fair hearing. The retroactive application of Decree No. 43 undermined legal certainty and the rule of law, constituting a violation of Article 7.2. The seizure…

  • Freedom Of Expression
  • Press Regulation
  • Ouster Clauses
  • Right To Property
  • Arbitrary Detention
  • Right To Health
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