Rights and Digital Rights for the Internet Users. They state that digital rights are the fundamental rights and freedoms enjoyed on the Internet. We are saying so because Article 18 of the CURT grants such right regardless of technology environment. In other words, the provisions of the CURT are technology neutral. The aforesaid right is equally recognised in international conventions (UDR; ICCPR; and ACHPR). The access to the Clubhouse is part and parcel of exercising of human rights. That means the government has an obligation to support the availability of the Internet and the Clubhouse and other applications in the country. That is why there is the TCRA Act (imposing obligation on the regulator to ensure that there is communication, interconnection, and interoperability); the Universal Communication Service Access Fund (UCSAF), the Electronic and Postal Communications Act (EPOCA) and its regulations too must support communication availability, interconnection, and interoperability. In addition, the government by virtue of Article 18 of the CURT is barred from unduly restrictions, throttling, or blocking of communication apps, platforms, networks such as Internet access, and social media including the Clubhouse. We are mindful of the fact that these fundamental rights and freedoms are not without limits. This Court held so in Raymond Paul Kanegene and Another v. The Attorney General, Consolidated Misc. Civil Cause No. 15 of 2019 and No. 5 of 2020 [2020] TZHC 4032 (26 November 2020) at page 15; Julius Francis Ndyanabo v. Attorney General [2004] TLR 14. The fundamental rights and freedom can legitimately and under the three-step test be restricted. That is the limitations are lawful, with legitimate purpose, and necessary and proportionate to the purpose sought to be achieved in democratic society . The fundamental rights are thus subject to limitations as stated in Articles 29(5) and 30(a) of the CURT, that the limitation must be provided for by the law, necessary, and proportionate. They should aim at protecting the freedom and rights of others, security, morality, public interest and common interest of the society. 12

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