Sample legal opinion in Tanzania

 

SCENARION: Freedom of Expression and Online Speech

Facts: Mr. James, a Tanzanian blogger, regularly publishes articles on his personal website discussing various social and political issues in the country. Recently, he received a notification from the government ordering him to take down certain articles, claiming that they contain defamatory statements against public officials. Mr. James believes that his freedom of expression and online speech are being violated and seeks legal advice on the matter.

-Does Mr. James have a valid claim of violation of freedom of expression and online speech?

-What laws and regulations in Tanzania govern freedom of expression and online speech?

-What legal remedies are available to Mr. James if his claim is valid and his rights have been violated?

Instructions: Please provide a legal opinion addressing the above issues based on Tanzanian law concerning freedom of expression and online speech. Analyze the relevant legislation, such as the Constitution, media laws, or any other applicable regulations pertaining to freedom of expression and online communication. Assess the facts provided to determine if there is sufficient evidence to support a claim of violation of Mr. James' rights. Discuss the legal rights and remedies available to Mr. James as an individual exercising freedom of expression and recommend the best course of action for him to protect his rights and seek redress if his freedom of expression and online speech have been unlawfully infringed upon.

                                                                                                                Date: 19^th June 2023

 

 

Mr. James.

Tanzanian Blogger

P.O. Box ……………

Kilimanjaro.

 

           Dear Sir/Madam...............

 

RE; LEGAL OPINION IN RESPECT TO VIOLATION OF FREEDOM OF EXPRESSION AND ONLINE SPEECH BY GOVERNMENT OF TANZANIA.

1.0   INTRODUCTION

I, the undersigned, am rendering this legal opinion emanating from your instructions to me by you to provide you with a legal opinion concerning violation of freedom of expression and online speech by government of Tanzania.

2.0   ISSUES AND QUESTIONS RAISED

The issues that we have put forth for determination are;

2.1 Does Mr. James have a valid claim of violation of freedom of expression and online speech?

2.1 What laws and regulations in Tanzania govern freedom of expression and online speech?

2.3 What legal remedies are available to Mr. James if his claim is valid and his rights have been violated?

3.0 LAWS REVIEWED

In rendering this opinion, the following law was reviewed and relied upon;

3.1 The Constitution of United Republic of Tanzania, Cap 2 of 1977.

3.2 Media Service Act No.12 of 2016.

3.3 The Electronic and Postal Communications Act No 3 of 2010.

3.4 The Electronic and Postal Communications (online content) Regulation G.N No 133 of 2010.

3.5 Civil Procedure Code, Cap. 33 R.E 2019.

4.0 OPINION

4.1 In respect of the first question, Mr James has a valid claim against government of Tanzania on violation of his constitutional rights on freedom of expression. Article 18 of the Constitution of Tanzania provides that, every person has a freedom of opinion and expression of his ideas; has out right to seek, receive and, or disseminate information regardless of national boundaries; has the freedom to communicate and a freedom with protection from interference from his communication; has a right to be informed at all times of various important events of life and activities of the people and also of issues of importance to the society. The freedom of expression is provided without claw back clauses hence Mr James is fully granted unquestionable right to exercise a freedom of expression.

Even though, the right of freedom of expression is provided without claw back clauses, still citizens of Tanzania are bound to respect and secure rights and dignity of others while exercising their rights as provided under Article 30 of the constitution.

4.2 In respect of the second question, the laws governing freedom of expression and online speech include The Constitution of United Republic of Tanzania, Cap 2 of 1977, the Media Service Act No.12 of 2016, The Electronic and Postal Communications Act No 3 of 2010, Civil Procedure Code, Cap. 33 R.E 2019 and the Electronic and Postal Communications (online content) Regulation G.N No 133 of 2010.

4.3 In respect of the third question, Mr James is legally entitled a right to seek judicial review of the order issued by the Tanzania Communication Regulatory Authority (TCRA) by being unconstitutional and against principles of natural justice as Mr James was not given chance to defend his course.

5.0 CONCLUSION

This opinion is limited to matters of the Tanzanian Laws and Practices stated herein and may not be read as extending by implication to any matters not specifically referred to. Nothing in this opinion should be taken as expressing an opinion in respect of any representations of warranties or other information, or any other document examined in connection with this opinion except as expressly confirmed herein.

This Opinion is given for the purposes expressed in paragraph 1.0 above and should not be used by any other person other than the addressee and/or for any other purposes without written consent from the undersigned.

I submit

Respectfully,

………………………..

Johnson Yesaya

ADVOCATE