Coming up for Delivery of Judgment: on the 26th day of March, 2026
Filed: on the 25th day of August, 2020
Under Articles: 4, 6(d),7(2),8(1),30(1) of the Treaty for the Establishment of the East African Community.
Under Rules: 1 and 25 of the East African Court of Justice Rules of Procedures,2019
Subject matter: Regulation.
Summary;
This reference was brought before this Court by the Applicant on the grounds that the regulation 14 obliges media houses to restrict content to a” water shed period” from 22h00 to 05h30 to between 00h00 and 05h00. Which reduces the period within which the” material suitable for adults” may be viewed, which are unclear, ambiguous, capable of subjective interpretation and interferes with freedom of expression which is the cornerstone of any democratic society and the rule of law as provided in the Treaty.
The Applicant contends that the content provision shall not allow foreigner to visit or carry any business in relation to broadcasting content without being accompanied by a government official or staff from the authority. This provision is unreasonable, overbroad, unclear and capable of being abused. The Amended Regulations amount to censorship and hindering of the media. This infringes on freedom of expression and access to information which constitutes one of the cornerstones of a democracy, in violation of the Treaty.
Furthermore, the Applicant alleges that regulations 45(2) and (3) empower the Tanzania Communication Regulatory Authority to take actions against non-compliance of the Regulations without providing a clear indication of the instances in which a breach of Regulations could result in the sanctions in regulation 45 (3) and without providing a clear indication of value of the fines that the regulatory of value of the fines that the Regulatory Authority can impose, further the content committee has too much power capable of being abused.
The Applicate further alleges that the regulation creates an offence if a person contravenes all the provisions of the regulations, thereby restricting freedom of expression and the right to access information, which are critical to a democracy, as well as the provisions of the Treaty.
The Applicant states that the regulation provides for general offence without mens rea (mental element) thus causing a chilling effect on freedom of expression and violates articles of the Treaty.
The Applicant wherefore pleads for the following declaration and orders;
A declaration that the provisions of Rules 14,37,45 and 47 violate freedom of expression by restricting the type of news or content thereby violating the aforementioned provisions of the Treaty in that they restrict the type of news or content thus imposing arbitrary and unjust restrictions on news and other information and content and therefore infringing the right to freedom of expression.
The Applicant pray that court make an Order to the Respondent State to cease the application of the Regulation and repeal or amend the Regulations to bring it in conformity with the fundamental and operational principles codified in Articles 6(d) and 7(2) of the Treaty.
An Order that the costs of and incidental to this reference be met by the Respondent.
And finally, this court be pleased to make such further or other Orders as may be just and necessary or expedient in the circumstances.
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