provisions of section 9 (b) of the Media Services Act is violates Article
18 of the Constitution of URT. Secondly, whether section 10 (1) and (3)
of the Media Services Act violate Article 13 (6) (c) of the Constitution of
the United Republic of Tanzania. Thirdly, if the answers to issues 1 and
2 are in the affirmative, what remedies are available to the parties and
fourthly to what reliefs are the parties entitled.
To support his arguments, he referred this Court to international
instruments including the Universal Declaration of Human Rights' UDHR
reference to Article 19, the International Covenant on Civil and Political
Rights (ICCPR) reference to Article 19. Also, Article 9 of the African
Charter of Human and Peoples Right and the United Nations Committee
of Human Rights vide General Comment No 34 (CCPR/C/GC/34) and
Article 19 of International Covenant on Civil and Political Rights.
He
also made reference to judicial authorities in several jurisdictions such
as the Kenyan case of Cord vs. The Republic of Kenya & Others
H.C Petition No. 628 of 2014, The Ugandan case of Charles
Onyango Obbo & Another vs Attorney General (Constitutional
Appeal No. 2 of 2002) and the case of Indian Express Newspaper
Vs Union of India & Another 1986 AIR.515. Aiso, the cases of the
East Africa Court of Justice in the case of Burundi Journalist Union
6
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