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Rwanda Case Law

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Constitutional law RS/INCONST/SPEC 00002/2021/SC

Re BYANSI (FOND)

Court
Supreme Court
Case number
RS/INCONST/SPEC 00002/2021/SC

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.

Source excerpt

  • Freedom of expression
  • Freedom of the press
  • Right to privacy
  • Equality before the law
  • Defamation
  • Propaganda
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Constitutional law RLR V. 4 -2022

Re BYANSI

Court
Supreme Court
Case number
RS/INCONST/SPEC 00002/2021/SC

The Court held that Articles 156, 157, 194, and 251 of Law No. 68/2018 do not violate the Constitution, as they establish necessary and proportionate limitations on freedom of expression and the press to protect privacy, dignity, public order, and justice. However, Article 218, which criminalizes defamation or insult against foreign heads of state and diplomats, creates unjustified privilege and is inconsistent with constitutional guarantees of equality and freedom of expression, and is therefore void.

Source excerpt

  • Freedom of expression
  • Freedom of the press
  • Right to privacy
  • Equality before the law
  • Defamation
  • Investigative journalism
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Constitutional law RLR V.4-2022

Re BYANSI (FOND)2

Court
Supreme Court
Case number
– RS/INCONST/SPEC 00002/2021/SC

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.

Source excerpt

  • Freedom of expression
  • Press freedom
  • Privacy rights
  • Criminal offences
  • Defamation
  • Investigative journalism
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About this LexChat collection

Rwanda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.