complain and the owner of the online page to defend himself and that if
the dispute persists the matter is taken to the content committee for
determination. Further that if the matter is not settled it can be taken
to
the
Fair
Competition
Commission
or
a
court
of competent
jurisdiction. In fine, learned state attorney argued that a balance has to
be struck between the individual online service providers and the society
at large and that the circumstances of the locality have to be taken into
account, it was further argued that by placing executive functions into
the judiciary the principle of separation of powers may be frustrated.
Finally,
that
if the
press
including
the
online
services
is
left
uncontrolled, it will jeopardize the whole society. Reference was made to
the mass killing (genocide) in Rwanda as reported in the case of
Prosecutor versus Jean-Paul Akayesu, Case No. ICTR-96-4-T at page
64, 65 and 67. Learned state attorney concluded his submission by
stating that there is no ambiguity or arbitrary use of the regulations
which should not be read in isolation, rather in conjunction with the
parent Act.
With respect, I agree to the learned senior state attorney’s
submission on this ground. First, the principle of irrationality is not
applicable in this case because, apart from it not having been pleaded
in the statement, no evidence in the affidavit was led to prove its
existence. The cited cases of Civil Service Unions Versus Minister for
the Civil Service and Associated Provincial Picture House versus
20
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