to freedom of opinion and expression of his ideas; the right to seek, receive and, or
disseminate information
regardless of national
boundaries;
the
right to
receive
information irrespective of borders; the right to freely and peaceably associate and
cooperate with other persons and to express views publicly; the right not to have his
rights infringed upon by others and the right to enjoy fundamental human rights and to
enjoy the benefits accruing from the fulfilment by every person of this duty to society.
The Petitioner like other citizens has the duty to observe and abide by the Constitution
and the laws of the United Republic of Tanzania.
The Petitioner averred in paragraph five of his affidavit that the 2nd Respondent
has placed limitations on the accessibility of Clubhouse such that the only way it can be
accessed in Tanzania is by using Virtual Private Networks hereinafter VPNs. We have noted
that the issue of VPN though peripheral to the case at hand, has taken considerable time of
the parties in their submissions. The VPN enables Internet users to access content or
websites that are otherwise not available on public networks. The VPN issue is not central
because the Petitioner has not alleged that the 2nd Respondent is not regulating the use of
VPN. We thus decline to be bogged into the VPN discussion. Moreover, what the
Respondents are disputing is the allegation that the 2nd Respondent has blocked access to
the Clubhouse in Tanzania. The Petitioner has alleged that the Clubhouse can be accessed
via VPN. He does not want to do so because he knows the use of VPN in Tanzania requires
registration. Therefore, the Respondents' lengthy submission on the regulation of VPN in
Tanzania is superfluous as there is no dispute about the said regulation and its purpose. We
thus do not see any relevance in making a detailed analysis of this issue of VPN.
The Petitioner claims that Clubhouse, a popular social audio platform; is a valuable
informative communication tool in his daily life. Since it permits live one on one
interactions and permits reviews of recorded conversations; the Petitioner says the
conversations exchanged have been helpful to him to understand matters of national and
2