R U L I NG
22 November, 2018 & 9 January, 2019
DYANSOBERA, J.:
This is an application for judicial review by way of certiorari to
quash
and
declare
the provisions of the Electronic
and
Postal
Communications (Online Content) Regulations adopted on 16th day of
March, 2018 in Government Notice No. 133 of 2018 to have been
promulgated in excess of powers, illegally, against the principles of
natural justice, unreasonably, arbitrarily and ambiguous.
The application has been filed by the three applicants. The first
applicant is Legal and Human Rights Centre which is a voluntary and
human rights interested civil society organization duly registered as a
charitable entity under the Companies Act [Cap. 212 R.E.2002]. It has
on line platforms including website, Facebook gape, Twitter, YouTube
for education and information to the general public. The second
applicant is the Registered Trustees of Media Council of Tanzania, an
independent voluntary, non-statutory self-regulatory body established
under the Societies Act [Cap. 337 R.E.2002] and runs online platforms
including website, Facebook page, twitter, YouTube for education and
information to the general public. The third applicant is the Tanzania
Human Rights Defenders Coalition, a not for profit, organization
registered under the Non-Governmental Organization Act, 2002 as
2