art, or through any other media o f his choice.
Similarly, under the ACHPR, Article 19 provides thus: -
Every
individual
shall
have
the
right
to
receive
information and [e]very individual shall have the right to
express and disseminate his opinionswithin the law.
It is thus explicit that the above provisions of the CURT and those of UDHR, ICCPR
and ACHPR all recognise that people [including the Petitioner] have fundamental rights to
receive seek and disseminate information without restrictions subject only to the law of
the relevant state.
The Petitioner's counsel submitted that, applying the law to the rights of the
Petitioner and having regard to his claimed reliance on the use of Clubhouse and mindful
of the fact that the Respondents have not stated anywhere in their evidence that
Clubhouse operations in Tanzania are currently restricted, we are of the view that there is
a distinction between access to the Clubhouse as a fundamental right and its alleged
restriction. Thus, the Petitioner's claim that he has fundamental rights under the CURT
and under UDHR, ICCPR and ACPHR to seek, receive and disseminate information; ideas
and opinion through the use of Clubhouse is quite different from the restriction to access
alleged by the Respondents. Nevertheless, the rights are subject to lawful restrictions.
This issue should not detain us much. It is evident that access to the Clubhouse as
Internet based application that enable citizens including the Petitioner to access information
and enabling him to exercise his freedom of expression is a fundamental right. This is based
on the functional equivalence principle that the rights enjoyed in the real world are
also enjoyed in the cyberspace. Several legal instruments have touched upon these rights
such as the African Union Declaration of Principles on Freedom of Expression and
Access to Information in Africa, 2019; and the Council of Europe Guide to Human
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