Re BYANSI (FOND)

Re BYANSI (FOND)

Articles 156, 157, 194, and 251 of Law No. 68/2018 do not contravene Articles 15 or 38 of the Constitution, as their restrictions on journalistic activity are justified, proportionate, and consistent with the protection of privacy, dignity, public order, and justice. Article 218, which criminalizes defamation or insult against foreign dignitaries, creates unjustified privilege and is inconsistent with equality before the law and freedom of expression, and is therefore unconstitutional and void.

Citation
RS/INCONST/SPEC 00002/2021/SC
Parties
Applicant: BYANSI Samuel Baker; Respondent: Leta y’u Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
20 May 2022
Case Number
RS/INCONST/SPEC 00002/2021/SC
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
Partially allowed
Legal Topics
Freedom of Expression, Freedom of the Press, Right to Privacy, Equality Before the Law, Defamation, Propaganda, Investigative Journalism, Diplomatic Immunity
Source Language
rw
Constitutional Law Criminal Law Media Law Human Rights Freedom of Expression Freedom of the Press Right to Privacy Equality Before the Law +4 more

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Parties

BYANSI Samuel Baker

Applicant

Leta y’u Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether Articles 156, 157, 194, 218, and 251 of Law No. 68/2018 contravene Articles 15 and 38 of the Constitution of Rwanda.

Ratio Decidendi

Articles 156, 157, 194, and 251 of Law No. 68/2018 do not contravene Articles 15 or 38 of the Constitution, as their restrictions on journalistic activity are justified, proportionate, and consistent with the protection of privacy, dignity, public order, and justice. Article 218, which criminalizes defamation or insult against foreign dignitaries, creates unjustified privilege and is inconsistent with equality before the law and freedom of expression, and is therefore unconstitutional and void.

Court Disposition

Partially allowed

Orders

  • Article 218 of Law No. 68/2018 declared unconstitutional and void for inconsistency with Articles 15 and 38 of the Constitution.
  • Articles 156, 157, 194, and 251 of Law No. 68/2018 upheld as constitutional.