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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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