Input of The EACJ In Developing The Jurisprudence on Freedom of The Press in East Africa

Abstract

The Parliament of the United Republic of Tanzania enacted the Media Services Act on 5 November 2016 and the President assented to it two weeks later. The Act was enacted largely for the purposes of promoting professionalism in the media industry, regulating media services in the country, establishing the Journalist Accreditation Board and establishing the Media Services Council. Media stakeholders and Civil Society Organisations criticized the Act, arguing that it was meant to muzzle media freedom in the country contrary to the prevailing human rights standards. In January 2017 these organisations filed a case at the East African Court of Justice (EACJ) challenging the said law. After hearing both parties, i.e., the Applicants and the State Attorneys who represented the Attorney General of Tanzania, on 28 March 2019 the First Instance Division of the EACJ made a judgement to the effect that the Tanzania Media Services Act unjustifiably infringe the freedom of expression which is one of the human rights standards Partner States to the East African Community are required to respect and protect. This article provides critical analysis of the decision. Key words: Freedom of expression, press freedom, criminal defamation, sedition, proportionality test.