Re BYANSI (FOND)2

Re BYANSI (FOND)2

The Court held that Articles 156, 157, 194, and 251 of Law No. 68/2018 do not contravene the Constitution, as they provide necessary and proportionate limitations on freedom of expression to protect privacy, public order, and justice. However, Article 218, which criminalizes defamation or insult against foreign...

Source-derived case information.

Citation
RLR V.4-2022
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; Article 218 declared unconstitutional and void; other challenged articles upheld.
Legal Topics
Freedom of Expression, Press Freedom, Privacy Rights, Criminal Offences, Defamation, Investigative Journalism, Public Order, Diplomatic Immunity
Constitutional Law Media Law Criminal Law Human Rights Freedom of Expression Press Freedom Privacy Rights Criminal Offences +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 regarding freedom of expression, press freedom, and equality before the law.

Ratio Decidendi

The Court held that Articles 156, 157, 194, and 251 of Law No. 68/2018 do not contravene the Constitution, as they provide necessary and proportionate limitations on freedom of expression to protect privacy, public order, and justice. However, Article 218, which criminalizes defamation or insult against foreign heads of state and diplomats, violates Articles 15 and 38 of the Constitution by granting unjustified special protection and unduly restricting press freedom. Therefore, Article 218 is declared null and void.

Court Disposition

Partially allowed; Article 218 declared unconstitutional and void; other challenged articles upheld.

Orders

  • Article 218 of Law No. 68/2018 is unconstitutional and void.
  • Articles 156, 157, 194, and 251 of Law No. 68/2018 are constitutional.