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

Abstract

The Parliament of the United Republic of Tanzaniaenacted the Media Services Act on 5 November2016 and the President assented to it two weekslater. The Act was enacted largely for the purposesof promoting professionalism in the media industry,regulating media services in the country,establishing the Journalist Accreditation Board andestablishing the Media Services Council. Mediastakeholders and Civil Society Organisationscriticized the Act, arguing that it was meant tomuzzle media freedom in the country contrary tothe prevailing human rights standards. In January2017 these organisations filed a case at the EastAfrican Court of Justice (EACJ) challenging thesaid law. After hearing both parties, i.e., theApplicants and the State Attorneys whorepresented the Attorney General of Tanzania, on28 March 2019 the First Instance Division of theEACJ made a judgement to the effect that the Tanzania Media Services Act unjustifiably infringethe freedom of expression which is one of thehuman rights standards Partner States to the EastAfrican Community are required to respect andprotect. This article provides critical analysis of thedecision.Key words: Freedom of expression, press freedom, criminaldefamation, sedition, proportionality test.