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Rwanda Case Law

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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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Constitutional law RLR V.3-2022

Re BYANSI (FOND)

Court
Supreme Court
Case number
RS/INCONST/SPEC 00003/2021/SC

The requirement for journalists to seek permission 48 hours before recording in court is a necessary and proportionate regulation to protect the rights of litigants, witnesses, and the integrity of judicial proceedings. It does not violate the constitutional guarantee of press freedom, as the Constitution allows reasonable limitations to safeguard other rights and public order.

Source excerpt

  • Freedom of the press
  • Access to courts
  • Privacy rights
  • Administration of justice
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Constitutional law RS/INCONST/SPEC 00003/2021/SC

Re BYANSI (FOND)

Court
Supreme Court
Case number
RS/INCONST/SPEC 00003/2021/SC

The Supreme Court held that requiring journalists to obtain prior written permission to record audio or video in courtrooms is a necessary and appropriate measure to ensure the orderly conduct of proceedings and to protect the rights and privacy of litigants and witnesses. The restriction is not unconstitutional as it does not negate the principle of open justice or press freedom but provides a reasonable framework for their exercise. The petition to declare Article 71(5) of Law No. 22/2018 unconstitutional was dismissed as unfounded.

Source excerpt

  • Freedom of the press
  • Right to information
  • Courtroom recording
  • Privacy rights
  • Open justice
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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.