Facts
Prisca Nyanguba Chogero filed a petition challenging the constitutionality of Section 9(b) of the Media Services Act No. 12 of 2016. She claimed that the suspension of the Uhuru newspaper for 14 days by the Director of Information violated her constitutional rights under Article 18 of the Constitution of the United Republic of Tanzania, which guarantees the right to freedom of expression and information.
Issue
Whether Section 9(b) of the Media Services Act No. 12 of 2016 violates the constitutional rights to freedom of expression and information as guaranteed under Article 18 of the Constitution of the United Republic of Tanzania.
Rule
The relevant constitutional provisions include:
Article 18 of the Constitution of the United Republic of Tanzania (freedom of expression and information).
Articles 26(2) and 30(3) of the Constitution of the United Republic of Tanzania.
Sections 4 and 5 of the Basic Rights and Duties Enforcement Act, Cap 3 R.E. 2019.
Rule 4 of the Basic Rights and Duties Enforcement (Practice and Procedures) Rules of 2014.
Analysis
The petitioner argued that Section 9(b) of the Media Services Act, which allows the Director of Information to suspend or cancel a media license, was an infringement on her constitutional rights to receive and disseminate information. The Attorney General, representing the respondent, countered that the provisions of the Media Services Act were within the constitutional limits and aimed at ensuring responsible journalism and public order.
The court had to determine whether the restriction imposed by Section 9(b) was proportional and justified in a democratic society. The analysis involved assessing whether the limitation on freedom of expression served a significant public interest and whether there were sufficient safeguards against abuse of this power by the Director of Information.
Conclusion
The court concluded that the petitioner's rights under Article 18 of the Constitution were indeed infringed upon by the suspension of the Uhuru newspaper. The provisions of Section 9(b) of the Media Services Act were deemed unconstitutional as they did not meet the necessary criteria for limiting fundamental rights and freedoms.