KISABO v MICIT TCRA AND AG JUDGMENT FINAL PDF NEW

KISABO v MICIT TCRA AND AG JUDGMENT FINAL PDF NEW

The Petitioner failed to prove, on the balance of probability, that the 2nd Respondent restricted access to Clubhouse in Tanzania. While access to Clubhouse is a fundamental right under the Constitution and international law, such rights are not absolute and may be subject to lawful limitations. No credible evidence was presented to establish ongoing restrictions by the Respondents.

Citation
KISABO v MICIT TCRA AND AG JUDGMENT FINAL PDF NEW
Parties
Petitioner: Paul Kisabo; 1st Respondent: Minister of Information, Communication and Information Technology; 2nd Respondent: Tanzania Communications Regulatory Authority; 3rd Respondent: The Attorney General
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 1977
Procedural Posture
Miscellaneous Civil Cause / Judgment
Outcome
Petition dismissed
Legal Topics
Freedom of Expression, Access to Information, Internet Regulation, Digital Rights, Government Communication, Burden of Proof
Source Language
English
Constitutional Law Administrative Law Human Rights Law Information Technology Law Freedom of Expression Access to Information Internet Regulation Digital Rights +2 more

Case Brief

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Parties

Paul Kisabo

Petitioner

Minister of Information, Communication and Information Technology

1st Respondent

Tanzania Communications Regulatory Authority

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Miscellaneous Civil Cause / Judgment

Legal Issues

  1. 1 Whether the Government of Tanzania uses Clubhouse as a communication platform
  2. 2 Whether access to Clubhouse is a fundamental right under the Constitution and international law
  3. 3 Whether the 2nd Respondent has restricted access and availability of Clubhouse in Tanzania

Ratio Decidendi

The Petitioner failed to prove, on the balance of probability, that the 2nd Respondent restricted access to Clubhouse in Tanzania. While access to Clubhouse is a fundamental right under the Constitution and international law, such rights are not absolute and may be subject to lawful limitations. No credible evidence was presented to establish ongoing restrictions by the Respondents.

Court Disposition

Petition dismissed

Orders

  • Declaration that the Petitioner has a fundamental right to access Clubhouse, subject to lawful limitations; right is not absolute or unrestricted
  • No proof of restriction; reliefs for unrestricted access and orders against Respondents declined