Rwanda Case Law

Re BYANSI (Fond)

Court

Supreme Court

Case number

RE BYANSI (FOND)

The Court held that articles 156, 157, 194, and 251 of Law n° 68/2018 are not inconsistent with the Constitution, as they establish necessary and proportionate limitations on freedom of press, expression, and access to information to protect privacy, dignity, public order, and fair justice. Article 218, however, was found inconsistent with articles 15 and 38 of the Constitution because it grants undue special protection to foreign officials, impeding critical reporting and violating equality before the law and freedom of expression.

Source excerpt

• Freedom of press
• Freedom of expression
• Access to information
• Personal privacy
• Defamation
• Journalist immunity

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Re BYANSI (Fond)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00002/2021/SC

The Supreme Court upheld most challenged media and criminal provisions, but struck down article 218 for giving unjustified special protection to foreign dignitaries.

• Freedom of press
• Freedom of expression
• Right to privacy
• Access to information
• Equality before the law
• Defamation

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Re BYANSI (FOND)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00003/2021/SC

The Supreme Court of Rwanda upheld a rule requiring 48-hour advance authorization for courtroom audio and video recording, finding it compatible with press freedom.

• Freedom of press
• Access to information
• Audio and video recording in court
• Public hearings
• Privacy
• Limitations on fundamental rights

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Re BYANSI (ADD)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00003/2021/SC

The Supreme Court held that journalist Byansi Samuel Baker had standing to challenge the constitutionality of a law governing courtroom audio and video recording authorization.

• Standing to petition for unconstitutionality
• Freedom of the press
• Access to information
• Courtroom recording
• Journalist accreditation
• Constitutional-law

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Re. BYANSI (ADD)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00003/2021/SC

The Court held that Byansi Samuel Baker had sufficient interest to bring the constitutional challenge, as the impugned provision directly affected his rights as a journalist and the outcome would have a tangible impact on his legal position. The temporary lapse in his press card did not negate his standing, given his ongoing professional activity and the subsequent renewal of his credentials.

Source excerpt

• Freedom of the press
• Access to information
• Standing (interest to sue)
• Judicial review of legislation

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Re BYANSI (ADD)

Court

Supreme Court

Case number

RS/INCONST/SPEC 00003/2021/SC

The Court held that Byansi Samuel Baker had sufficient interest to initiate the petition because the impugned provision directly affected his constitutional rights as a journalist, and the interest requirement for constitutional petitions must be interpreted broadly, especially in a developing country context.

Source excerpt

• Standing to petition
• Freedom of the press
• Access to information
• Unconstitutionality of statutes

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Re BYANSI SAMUEL BAKER 1

Court

Supreme Court

Case number

RS/INCONST/SPEC 00003/2021/SC

The Supreme Court held that Byansi Samuel Baker had sufficient interest to bring the constitutional challenge, as the impugned provision directly affected his rights as a journalist and the outcome would have a direct impact on his legal position. The Court interpreted standing in constitutional matters broadly, especially where fundamental rights are at stake, and found that the temporary lapse in his press credentials did not negate his interest, given the administrative context and subsequent renewal.

Source excerpt

• Freedom of the press
• Access to information
• Standing (locus standi)
• Judicial review

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