Re IBAMBE

Re IBAMBE

Article 39 of Law N0 60/2018 of 22/08/2018 is not inconsistent with article 38 of the Constitution because criminalizing publication of rumours that may make a person lose their credibility through a computer or computer system protects the citizen’s right to dignity and honor, and falls within permissible limitations on freedom of expression under national and international law.

Citation
RLR V.1-2026
Parties
Petitioner: Ibambe Jean Paul; Respondent: Government of Rwanda
Court
Supreme Court
Jurisdiction
Rwanda
Judgment Date
5 June 2025
Case Number
RS/INCONST/SPEC00002/2024/SC
Procedural Posture
Constitutional Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Freedom of Expression, Freedom of the Press, Cybercrimes, Defamation, Protection of Dignity, Rumour Publication
Source Language
en
Constitutional Law Media Law Cybercrime Law Human Rights Law Freedom of Expression Freedom of the Press Cybercrimes Defamation +2 more

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Parties

Ibambe Jean Paul

Petitioner

Government of Rwanda

Respondent

Procedural Posture

Constitutional Petition / Final Judgment

Legal Issues

  1. 1 Whether article 39 of Law N0 60/2018 of 22/08/2018 on prevention and punishment of cybercrimes is inconsistent with article 38 of the Constitution of Rwanda
  2. 2 Whether criminalizing publication of rumours that may make a person lose their credibility infringes on freedom of expression

Ratio Decidendi

Article 39 of Law N0 60/2018 of 22/08/2018 is not inconsistent with article 38 of the Constitution because criminalizing publication of rumours that may make a person lose their credibility through a computer or computer system protects the citizen’s right to dignity and honor, and falls within permissible limitations on freedom of expression under national and international law.

Court Disposition

petition dismissed

Orders

  • The petition seeking to declare article 39 of Law N0 60/2018 of 22/08/2018 inconsistent with article 38 of the Constitution is unfounded.
  • Article 39 of Law N0 60/2018 of 22/08/2018 is not inconsistent with article 38 of the Constitution.