in the United Republic of Tanzania. b) As for declaration that the Petitioner has the fundamental right to unrestricted access in the social audio platform Clubhouse in terms of Article 19 of the Universal Declaration of Human Rights; Article 19 of the International Covenant on Civil and Political Rights [ICCPR] and article 9 of the African Charter on Human and Peoples' Rights [article 9]. The right available to the Petitioner is not without limits. The holding in (a) above applies here. There is no unrestricted access. There may be lawful and legitimate reasons for restriction. c) On declaration that the ongoing restrictions on the availability of the social audio platform Clubhouse violates Article 18[1]; 18[2]; 20[1]; 26[1]; 29[1] and 29[5] of the Constitution of the United Republic of Tanzania. This relief is rejected too as there was no proof of restrictions. d) Regarding the declaration that the ongoing restriction on access to Clubhouse violates Article 19 of the Universal Declaration of Human Rights; Article 19 of the International Covenant on Civil and Political Rights [ICCPR] and Article 9 of the African Charter on Human and Peoples' Rights [Article 9], as stated in (c) above the relief is declined as there is no proof of restriction of the Clubhouse in Tanzania. The platform can be legitimately restricted under the three-step test mentioned. e) Another sought order is that the Respondents be ordered to provide, facilitate and continue to provide, unrestricted access to the social audio platform Clubhouse from the date of judgment. This relief is declined because the restrictions were not proved in the first place. Additionally, the access to the Clubhouse like other fundamental right is never absolute. The constitutional right to access the Clubhouse is subject to lawful and legitimate limitations. The access to the said platform may be restricted if there are legitimate reasons that 28

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents