The Media Services (Defamation Proceedings) Rules, 2019
This section is a contents-style heading listing citation, application, interpretation, and topics under Parts I and II on defamation proceedings.
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- The Media Services (Defamation Proceedings) Rules, 2019
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Statute overview
About this statute
This section is a contents-style heading listing citation, application, interpretation, and topics under Parts I and II on defamation proceedings. This source text only shows a section heading about matters not provided for, settlement by consent, and costs. These Rules may be cited as the Media Services (Defamation Proceedings) Rules, 2019. These Rules apply to all proceedings under Part V of the Act. This section defines key terms used in the Rules, including “Act,” “court,” “defamation action,” “petition,” “petitioner,” and “respondent.”
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Provisions of The Media Services (Defamation Proceedings) Rules, 2019
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Section 3
AI-assisted research summary: This section is a contents-style heading listing citation, application, interpretation, and topics under Parts I and II on defamation proceedings.
3. Citation. Application. Interpretation ARRANGEMENT OF RULES PART I PRELIMINARY PROVISIONS PART II DEFAMATION PROCEEDINGS Institution of proceedings. Service of petition. Reply to petition. Notice of preliminary objection. Consolidation of petitions. Determination of competence of petition. Hearing of petition.
Part
PART II
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Matters not provided for in these Rules
AI-assisted research summary: This source text only shows a section heading about matters not provided for, settlement by consent, and costs.
14. Matters not provided for in these Rules. Settlement by consent. Costs. 1 GN. NO. 108 (Contd) Media Services (Defamation Proceedings) GOVERNMENT NOTICE NO. 108 published on 1/2/2019 THE MEDIA SERVICES ACT, (ACT NO. 12 of 2016) ______ RULES _______ (Made under section 41(4)) _______ THE MEDIA SERVICES (DEFAMATION PROCEEDINGS) RULES, 2019 PART I PRELIMINARY PROVISIONS Citation - 4 Verify source ↗
(1) Legal proceedings under Part V of the Act shall
AI-assisted research summary: Legal proceedings under Part V must be started by petition in Form DP.
4.-(1) Legal proceedings under Part V of the Act shall be instituted by way of a petition in the Form DP set out in the Schedule. (2) In accordance with section 41(3) of the Act, the provisions of the Magistrates’ Courts Act and the Civil Procedure Code relating to pecuniary jurisdiction shall apply to proceedings under these Rules.
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Media Services
AI-assisted research summary: These Rules may be cited as the Media Services (Defamation Proceedings) Rules, 2019.
1. These Rules may be cited as the Media Services (Defamation Proceedings) Rules, 2019. Application - 2 Verify source ↗
These Rules shall apply to all proceedings under Part
AI-assisted research summary: These Rules apply to all proceedings under Part V of the Act.
2. These Rules shall apply to all proceedings under Part V of the Act for the purpose of facilitating timely and expeditious determination of cases. Interpretation Act No. 12 of 2016 - 3 Verify source ↗
In these Rules, unless the context otherwise requires
AI-assisted research summary: This section defines key terms used in the Rules, including “Act,” “court,” “defamation action,” “petition,” “petitioner,” and “respondent.”
3. In these Rules, unless the context otherwise requires- “Act” means the Media Services Act; “court” means the High Court, courts of a resident magistrate or district court; “defamation action” has the same meaning as ascribed to it under section 35(1) of the Act; “petition” means a written communication made or addressed to the court by which proceedings are instituted under rule 4 of these Rules; "petitioner" means a person who institutes proceedings under these Rules; “respondent” means the party against whom a petition is made, whether a natural or a legal person. 2 GN. NO. 108 (Contd) Media Services (Defamation Proceedings) PART II DEFAMATION PROCEEDINGS Institution of proceedings Cap. 11 Cap. 33 Service of petition Cap. 33 Cap. 442
Part
Schedule.
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(1) The petitioner shall, within seven days after filing
AI-assisted research summary: The petitioner must serve the petition on the respondent within 7 days after filing, and must file affidavits about service within 7 days after service or after failed service.
5.-(1) The petitioner shall, within seven days after filing the petition, serve a copy of the petition on the respondent. (2) The petitioner shall, within seven days after service, file in Court an affidavit stating the names, address of the place and date of service on all persons who have been served with the petition. (3) Where service has not been effected, the petitioner shall, within seven days, file in the court an affidavit stating the fact and reasons why the service has not been effected to a person who ought to be served. (4) For avoidance of any doubt, the mode of service under these Rule shall be in accordance with the Civil Procedure Code or the Electronic Transactions Act. Reply to petition - 6 Verify source ↗
(1) The respondent shall, within twenty one days of
AI-assisted research summary: The respondent must file a reply to the petition within 21 days after service.
6.-(1) The respondent shall, within twenty one days of service of the petition, file a reply to the petition. (2) Where the respondent fails to file a reply to the petition within the time stipulated under subrule (1), unless the court extends time for filing a reply, it may hear and determine the petition ex parte. Notice of preliminary objection - 7 Verify source ↗
Where the respondent intends to challenge the
AI-assisted research summary: If the respondent wants to challenge the court’s jurisdiction over the petition, he must file a notice of preliminary objection when filing the reply to the petition.
7. Where the respondent intends to challenge the court's jurisdiction to hear the petition, he shall file a notice of preliminary objection when filing a reply to the petition. Consolidation of petitions - 8 Verify source ↗
The court may, upon application or on its own
AI-assisted research summary: The court may, on application or on its own motion, consolidate related defamation petitions involving several parties and the same matter.
8. The court may, upon application or on its own 3 GN. NO. 108 (Contd) Media Services (Defamation Proceedings) motion, consolidate petitions relating the claim for defamation by or against several parties in respect of the same matter. to Determination of competence of petition - 9 Verify source ↗
The court shall, within thirty days of completion of
AI-assisted research summary: The court must hear and decide all preliminary legal matters relating to the petition within 30 days after pleadings are completed.
9. The court shall, within thirty days of completion of pleadings, hear and determine all preliminary matters of law relating to the petition. Hearing of petition - 10 Verify source ↗
(1) The petition shall be heard and determined
AI-assisted research summary: The court must hear and determine the petition within six months after preliminary matters are completed, and may extend that time by up to three months in exceptional circumstances.
10.-(1) The petition shall be heard and determined within six months from the date of completion of preliminary matters: Provided that, the court may, in exceptional circumstances, extend the time for not more than three months. (2) The court may, in its discretion or upon application by any party- (a) receive evidence by affidavit in addition to or in substitution of oral evidence and may limit the time for oral submissions by the parties; or (b) call, examine and allow the cross examination of any witness. (3) A person summoned as a witness by the court may, with the leave of the court, be cross examined by the parties to the petition. (4) At the end of hearing, the court may allow parties to make oral or written submissions. Withdrawal - 11 Verify source ↗
The petitioner may, at any time, with the leave of
AI-assisted research summary: The petitioner may withdraw the petition at any time, but only with the court’s leave and on terms the court considers fit.
11. The petitioner may, at any time, with the leave of the court and upon such terms as the court may deem fit, withdraw the petition. Settlement by consent - 12 Verify source ↗
The parties may, with the leave of the court, record
AI-assisted research summary: The parties may record an amicable settlement, but only with the court’s leave.
12. The parties may, with the leave of the court, record an amicable settlement reached in partial or final determination of the case. Costs - 13 Verify source ↗
The award of costs shall be in the discretion of the
AI-assisted research summary: The court has discretion over the award of costs.
13. The award of costs shall be in the discretion of the court. Matters not provided for in - 14 Verify source ↗
Where there is any matter not provided for in these
AI-assisted research summary: If these Rules do not cover a matter, the practice and procedure under the Civil Procedure Code and the Evidence Act apply.
14. Where there is any matter not provided for in these 4 GN. NO. 108 (Contd) Media Services (Defamation Proceedings) these Rules Cap.33 and Cap. 6 Rules, the practice and procedure provided for under the Civil Procedure Code and the Evidence Act shall apply. __________ SCHEDULE __________ FORM DP ___________ (Made under rule 4(1)) ___________ IN THE ........................................................... AT ......................................... PETITION NO .................OF 20........... BETWEEN ........................................................................PETITIONER AND ......................................................................RESPONDENT PETITION
Part
SCHEDULE
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Name of the petitioner: ................ of ..............in the District of .........within the region
AI-assisted research summary: This section asks for the petitioner’s name, address, and service/contact details.
1. Name of the petitioner: ................ of ..............in the District of .........within the region of.............. whose address for service is; street.....................ward .................P.O. Box.......telephone numbers …................... email address .............................fax number.................. - 2 Verify source ↗
Name of the respondent: ................ of ..............in the District of .........within the region
AI-assisted research summary: This section is a form field asking for the respondent’s name and contact/address details.
2. Name of the respondent: ................ of ..............in the District of .........within the region of.............. whose address for service is; street.....................ward .................P.O. Box.......phone number(s) ............................ email address ........................... fax number (if any)......................... - 3 Verify source ↗
Facts constituting the cause of action and particulars
AI-assisted research summary: This section is a heading for the facts constituting the cause of action and particulars.
3. Facts constituting the cause of action and particulars: ................................................... ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. 5 GN. NO. 108 (Contd) Media Services (Defamation Proceedings) - 4 Verify source ↗
Facts showing that the court has jurisdiction
AI-assisted research summary: This section is a heading about facts showing that the court has jurisdiction.
4. Facts showing that the court has jurisdiction: ………………………………………………………………………..……………........... ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. - 5 Verify source ↗
Reliefs claimed
AI-assisted research summary: This form requires the petitioner to verify the truth of the stated paragraphs before filing.
5. Reliefs claimed: …………………………………………………………………………………………… …………………………………………………………………………………………… …………………………………………………………………………………………… Dated at ............this…….day of..................20....... ............................ ........................... Petitioner Advocate (if any) VERIFICATION I, …………………………………………………………..……..(name of Petitioner), hereby verify that the contents in paragraphs ……,……,……,…… are true to the best of my knowledge and the contents in paragraphs……………………….. are based on the information received from ………………………………… and which I believe to be true. Verified at…………… on this……………………… day of ………20…………. ................................................... Petitioner Presented for filing this...........day of ........20.......... ........................... Registry Officer Dar es Salaam, 22nd January, 2019 IBRAHIM HAMIS JUMA Chief Justice 6
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