statutes and regulations made under them. With regard to the shut
down of the internet, the Supreme Court of India finally declared that:
i.
The freedom of speech and expression and the freedom to practice any
profession or carry on any trade, business or occupation over the medium
of internet enjoys constitutional protection under Article 19(l)(a) and
Article 19(l)(g). The restriction upon such fundamental rights should be
in consonance with the mandate under Article 19 (2) and (6) of the
Constitution, inclusive of the test ofproportionality.
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ii.
An order suspending internet services indefinitely is impermissible under
the Temporary Suspension of Telecom Services (Public Emergency or
Public Service) Rules, 2017. Suspension can be utilized for a temporary
duration, only.
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Hi.
Any order suspending internet issued under the Suspension Rules, must
adhere to the principle ofproportionality and must not extend beyond the
necessary duration.
iv.
Any order suspending the internet under the Suspension Rules is subject
to judicial review based on the parameters set out in its judgment.
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I am of the view that the parameters set by the Supreme Court of India
for the Government of India are a good starting point to determine
whether the shutdown of the internet during and after the 2016 General
and Local Government Elections was consistent with the Constitution
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of Uganda. The appropriate tribunal should of course first and foremost
consider the jurisprudence that has developed over Article 29 of the
Constitution of Uganda.
In the end result, this petition could not be entertained by this court
and it is hereby struck out. I make no order as to costs since the petition
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appears to have been filed in the public interest.
Irene Mulyagonja
V
JUSTICE OF APPEAL/CONSTITUTIONAL COURT
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