EACJ orders Tanzania to amend Media Services Act, 2016

The East African Court of Justice has on March 28, 2019, made a ruling that the Media Services Act, 2016 is in contradiction to section 6(d), 7(2) and 8 (1) (c) of the East African Treaty which establishes the East African Community.

The East African Court of Justice has on March 28, 2019, made a ruling that the Media Services Act, 2016 is in contradiction to section 6(d), 7(2) and 8 (1) (c) of the East African Treaty which establishes the East African Community.

The judgement has come as a result of a series of hearing of a case no. 2 of 2017 filled by Media Council of Tanzania, Legal and Human Rights Centre and Tanzania Human Rights Defenders to challenge sections 7 (3) (a) (b) (c) (f) (g) (h) (i) and (j), 13, 19, 20, 21, 35, 36, 37, 38, 39, 40, 50, 54, 52, 53, 58, and 59 of the Media Services Act, 2016.

Reading the judgement Justice Charles Nyachae the judgement on behalf of the panel of five judges said that the challenged sections of the Media Services Act restrain basic rights to freedom of expression and other standards as stipulated under the East African Treaty.

Article 6(d) of the East African Community Treaty states that the fundamental principles that shall govern the achievement of the objectives of the Community by the Partner States shall include (d) good governance include adherence to the principles of democracy, transparency, social justice, equal opportunities, gender, equality as well as the recognition, promotion and protection of human and peoples rights in accordance with the provisions of the African Charter on Human Rights.

Also, Article 7(2) states that the Partner States undertake to abide by the principles of good governance, including adherence to the principles of democracy, the rule of law, social justice and the maintenance of universal standards of human rights.

In the Judgement, the EACJ directs the Tanzania Government to take necessary measures to bring the Media Services Act into compliance with Treaty for Establishment of the East African Community.

"We are happy to have reached the end of our journey that we started on January 11, 2017. It has been a happy ending to us and all that in support of human rights. We are now keenly expecting the implementation of the ruling by the Government". Commented Advocate Fulgence Massawe, LHRC's Director of Advocacy and Reforms and the lead advocate representing applicants.

Three organisations, Media Council of Tanzania, Legal and Human Rights Centre and Tanzania Human Rights Defenders logged a joint petition early in January 2017 to challenge restrictive sections of the Media Services Act, 2016. The trio complained about the law being specifically restrictive to basic rights to expression and generally against human rights standards.

Follow the link http://eacj.eac.int/wp-content/uploads/2019/03/Referene-No.2-of-2017.pdf to read and share the judgement.