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
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