Rwanda Case Law

RLR V. 4 - 2022

Court

Supreme Court

The Court held that the applicant had sufficient personal and general interest to bring the petition as a professional journalist affected by the impugned provisions. The Court found that articles 156, 157, 194, and 251 of Law No 68/2018, which regulate privacy, editing, false information, and duty to report crimes, are not inconsistent with the Constitution as they pursue legitimate aims and are proportionate limitations on freedom of press and expression. However, article 218, which criminalizes defamation or insult against foreign heads of state and representatives, was found to be inconsi…

Source excerpt

• Freedom of press
• Freedom of expression
• Privacy
• Criminal offences
• Unconstitutionality
• Media regulation

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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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RLR -V.3-2019

Court

Supreme Court

The Supreme Court partly allowed a constitutional petition, striking down provisions on religious insult and public-official humiliation while upholding most family-related offences.

• Constitutionality of criminal statutes
• Freedom of expression
• Freedom of press
• Equality before the law
• Family protection
• Adultery and criminalization

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