Tanzania Media Law and the EACJ Rule of Law Rulings

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How regional Treaty standards tested Tanzania’s media statute

Contents

When media rules become a regional question

What the organisations challenged

The issue before the Court

What the Court held

The rule of law and expression principle

Why the decision matters

How the parties built their arguments

Earlier and later cases

What lawmakers and journalists can take from the case

The practical lesson

When media rules become a regional question

A media law may look like a national matter because it regulates local journalists, local publications and local licensing institutions. The East African Court of Justice (EACJ) showed in Media Council of Tanzania and Others v Attorney General of Tanzania that the national setting does not place legislation beyond regional scrutiny. Tanzania had joined the East African Community (EAC) and accepted Treaty commitments to uphold democracy, the rule of law, accountability, transparency and good governance. The Court examined whether provisions of the Media Services Act, 2016 were consistent with those commitments, focusing on how vague offences, licensing powers and restrictions affected freedom of expression.

The judgment is valuable because it gives a legal route for testing legislation that chills public discussion without asking the EACJ to become a general constitutional court for every Partner State. The applicants relied on Articles 6(d) and 7(2) of the EAC Treaty, read with the regional obligations to act consistently with the Treaty. They also placed the freedom of expression in the context of the African Charter on Human and Peoples’ Rights and the International Covenant on Civil and Political Rights. The Court treated expression as part of the governance values that the Partner States had bound themselves to respect.

What the organisations challenged

The applicants were the Media Council of Tanzania, the Legal and Human Rights Centre, and the Tanzania Human Rights Defenders Coalition. They filed the reference in January 2017, challenging several provisions of Tanzania’s Media Services Act No. 12 of 2016. Their challenge covered restrictions on content, journalist accreditation, criminal defamation, false news and rumours, sedition, and ministerial powers over imported publications and media content. They argued that the provisions were vague, overbroad and capable of suppressing legitimate reporting and criticism.

The Court heard the case in its First Instance Division. The judges were Principal Judge Monica K. Mugenyi, Deputy Principal Judge Faustin Ntezilyayo, and Justices Fakihi Jundu, Audace Ngiye and Charles Nyachae. The judgment was delivered on 28 March 2019 and is reported at [2015–2017] EACJLR 864. The full case name and reference matter because the decision is not a general advisory opinion: it came from a concrete Treaty reference brought by civic and media organisations against the Attorney General representing Tanzania.

The provisions identified by the applicants included section 7(3), concerning content that could not be published; sections 13, 14, 19, 20 and 21, concerning accreditation and media regulation; sections 35 to 40, which created criminal offences associated with defamation; sections 50 and 54, concerning false news and rumours; sections 52 and 53, relating to sedition; and sections 58 and 59, which gave the Minister powers concerning publications and media content. The Court did not strike down the whole Act. It declared a specified set of provisions inconsistent with the Treaty.

The issue before the Court

The central question was whether the challenged provisions of the Media Services Act were consistent with Tanzania’s commitments under Articles 6(d) and 7(2) of the EAC Treaty, particularly the principles of democracy, rule of law, accountability, transparency and good governance. In practical terms, the Court had to assess whether legal restrictions on media activity were framed with enough clarity, pursued a legitimate public purpose and were proportionate to the harm they sought to prevent.

This approach matters because freedom of expression is not absolute. A state may regulate publication to protect rights, national security, public order or other legitimate interests, subject to the governing legal standards. The dispute was therefore not simply “government may never regulate media.” It was whether the particular rules gave officials too much discretion, failed to tell people what conduct was prohibited, or imposed criminal and administrative consequences broader than necessary. That is the point at which a media statute becomes a rule-of-law problem.

What the Court held

The Court found that the specified parts of section 7(3), sections 19, 20 and 21, sections 35 to 40, sections 50 and 54, sections 52 and 53, and sections 58 and 59 violated Articles 6(d) and 7(2) of the Treaty. It directed Tanzania to take the measures necessary to bring the Media Services Act into compliance with the EAC Treaty. Each party was ordered to bear its own costs.

In examining section 7, the Court was concerned that broad and imprecise language left media organisations and journalists without a sufficiently clear guide to what could lawfully be published. Restrictions on expression must be stated in a way that allows a person to understand the line between permitted and prohibited conduct. The state also had to establish a legitimate aim and show that the restriction was proportionate. Simply placing a restriction in legislation does not prove that it is necessary or fair.

The Court also examined criminal penalties for defamation and publication offences. It was not persuaded that the government had demonstrated a direct and immediate connection between the threats it identified and the criminal sanctions imposed. Provisions dealing with false news, rumours and statements likely to cause public fear or alarm were found objectionable where their breadth and vagueness made it difficult for people to predict how the law might be used. The Court similarly considered that the Minister’s extensive powers over publications and media content lacked sufficient limits and clarity.

The result was a Treaty judgment, not a declaration that the EACJ had invalidated every aspect of Tanzanian media law for all purposes. The Court identified specific provisions and required the state to bring them into line with its Treaty commitments. That distinction helps explain both the reach and the limits of the decision. It is a binding judicial finding about the challenged statutory provisions and the regional obligations engaged, while the domestic steps to amend or replace legislation remain matters for the national legal system.

The rule of law and expression principle

The principle emerging from the case is that a Partner State must ensure that laws regulating expression are clear enough for people to guide their conduct, pursue a legitimate purpose and avoid unnecessary or disproportionate interference with speech. Where the law uses vague terms, gives officials broad unreviewable discretion or attaches severe penalties without a demonstrated need, it can violate the EAC Treaty’s rule-of-law and good-governance commitments.

This rule is useful beyond journalism. It applies wherever a government uses criminal or administrative law to regulate public discussion, advocacy or access to information. A person should be able to know in advance what the law prohibits and what safeguards constrain official power. This is the everyday meaning of legality: the state may enforce valid rules, but it should not leave the boundaries of lawful speech to shifting personal judgment by an official.

The judgment does not make every imprecise phrase automatically unlawful, nor does it remove a state’s responsibility to protect people from defamation, incitement or genuine threats to public order. It requires the state to connect restriction to purpose and evidence. A law aimed at a real harm must still be tailored so that it does not capture ordinary reporting, criticism or public-interest discussion. This prevents legitimate public purposes from becoming a blank cheque for suppressing inconvenient speech.

Why the decision matters

For journalists, the case addresses a fear that is often more powerful than a prosecution: uncertainty. If a reporter cannot predict whether a story will be characterised as “false,” “seditious,” or likely to “cause alarm,” self-censorship becomes rational. Broad accreditation rules can similarly place the ability to report in the hands of a regulator. The Court’s insistence on precision and proportionality makes those features legally reviewable rather than merely matters of political concern.

For readers and communities, media freedom is not only a professional privilege. It is one way people learn how public institutions spend money, exercise power, respond to emergencies and treat marginalised groups. Rules that deter reporting can reduce the information available to voters and residents. The Court’s Treaty framing connects those practical effects to the regional commitments on democracy and accountability.

For governments, the decision provides a drafting test. If a Minister can decide which publications may circulate without clear statutory criteria, if criminal provisions rely on undefined concepts, or if the law punishes broad categories of expression without a close link to a concrete harm, the regulation is vulnerable. A better framework can still address accuracy, professional standards and genuinely harmful conduct, but it needs precise definitions, independent decision-making, fair procedure, review rights and proportionate consequences.

The decision is also important institutionally. It confirms that a Partner State cannot avoid Treaty accountability simply by describing a dispute as a domestic constitutional matter. The EACJ’s jurisdiction is to interpret and apply the Treaty. When national legislation plausibly conflicts with Articles 6(d) and 7(2), the Court can examine that conflict. At the same time, applicants must plead the Treaty route with care and explain how a specific law or action undermines the principles agreed by the states.

How the parties built their arguments

The applicants’ strongest move was to challenge identifiable statutory provisions rather than make a broad claim that Tanzania was hostile to the press. They mapped the alleged harms to particular parts of the Act: content limits, licensing and accreditation, criminal liability, false-news offences, sedition and ministerial control. That structure allowed the Court to consider provision by provision whether the language and powers were compatible with Treaty principles. Their use of the African Charter and ICCPR helped explain why expression matters, while Articles 6(d) and 7(2) supplied the EACJ’s jurisdictional and normative framework.

The government’s position had to confront the legal quality of the statutory controls, not merely the state’s general interest in regulating media. A persuasive defence in this kind of case would show the particular harm addressed by each rule, explain why narrower measures would not work, and point to safeguards that limit arbitrary use. Where a statute uses broad terms, a state may also need to show a settled interpretation or procedural controls. In the decision, the Court concluded that the Respondent had not established the legitimate aim and proportionality for relevant restrictions or a direct and immediate link for some criminal provisions.

The reported judgment does not give a basis to claim that a single advocacy mistake determined the outcome. A more careful conclusion is that the applicants constructed a provision-specific challenge and the government’s justification was not sufficient for those provisions. Lawyers in future cases can improve on either side by assembling the legislative history, enforcement examples, prosecution data, regulator decisions, comparative text and evidence of actual chilling effects. A court can test a proportionality argument more fairly when both the harm and the burden are documented.

Earlier and later cases

The case fits the EACJ’s growing Treaty-based rule-of-law jurisprudence. In James Katabazi and Others v Secretary General of the East African Community and Attorney General of Uganda, Reference No. 1 of 2007, the Court explained that it could decide a Treaty question even when the facts also raised human-rights issues. It did not thereby become a general human-rights court under Article 27(2); rather, it could assess whether state conduct breached the principles set out in the Treaty. Media Council applies that logic to national legislation regulating expression.

The decision also follows EACJ cases such as Attorney General of Kenya v Independent Medical Legal Unit, Appeal No. 1 of 2011, and Attorney General of the Republic of Rwanda v Plaxeda Rugumba, Appeal No. 1 of 2012, which treat Treaty principles as judicially enforceable commitments. Those cases help explain why Articles 6(d) and 7(2) can do legal work rather than serve as political aspirations. The Media Council judgment adds a detailed statutory review to that line.

Later litigation shows that a judgment does not automatically secure compliance. In subsequent proceedings involving Media Council of Tanzania and others, the applicants alleged that sections of the Act previously declared inconsistent with the Treaty were used to suspend the newspaper Uhuru. That later case underscores the difference between winning a declaration and obtaining practical implementation. The original reference remains important, but it also teaches advocates to monitor compliance and preserve evidence of later enforcement where a state has not amended or ceased using the challenged rules.

There was no separate dissenting judgment in Reference No. 2 of 2017. The panel reached a collective judgment. The Court’s nuanced approach—finding that identified statutory provisions breached the Treaty while not purporting to decide every media-law question—is the authoritative interpretation, not a divided court’s competing view.

What lawmakers and journalists can take from the case

For lawmakers, begin with the harm the law is intended to address and define it clearly. An offence should tell a journalist or publisher what conduct triggers liability. A licensing or accreditation system should have objective eligibility criteria, transparent decisions, reasons, review rights and a decision-maker insulated from political pressure. A Minister should not have open-ended authority over publications without defined grounds and a meaningful way to challenge the decision. Civil remedies and professional standards may be more proportionate than criminal punishment for many forms of media dispute.

For journalists and publishers, the case is a reminder to keep records. Save notices from regulators, rejected accreditation applications, warnings, prosecution papers, publication decisions and editorial communications that show how an unclear law affected reporting. If a law is applied selectively, gather comparable examples. A Treaty claim is stronger when it shows the law’s text and its real-world operation, and explains how the state’s conduct conflicts with a specific regional obligation.

For civil-society advocates, explain the connection between individual speech restrictions and regional governance. A case should not rest only on the proposition that freedom of expression is important. It should show how the challenged provisions undermine accountable government, public participation, transparency or the rule of law, and why the EAC Treaty makes those principles legally relevant. Where an African or international instrument is cited, explain its interpretive role rather than presenting it as if the EACJ were directly applying it as its own constitutive treaty.

The practical lesson

The Media Council reference is a clear example of national legislation being tested against regional obligations. It shows that an EAC Partner State can regulate media, but that regulation must be lawful in the full sense: clear, justified, limited and consistent with the Treaty. The Court’s focus on vague language, sweeping discretion and inadequate justification turns broad governance values into a practical legal standard that an ordinary reader can understand.

For a journalist, the lesson is that rules restricting reporting should be precise enough to follow and fair enough to challenge. For a government, the lesson is that public order and professional standards do not excuse vague laws or unchecked power. For lawyers, the case rewards a direct method: identify the provisions, establish their operation, connect them to the Treaty, and ask for a remedy that will produce real compliance. That is why the decision remains a useful precedent for media freedom, expression and rule of law across the EAC.

Sources Mentioned in This Case Analysis

The authorities discussed are Media Council of Tanzania, Legal and Human Rights Centre and Tanzania Human Rights Defenders Coalition v Attorney General of Tanzania, Reference No. 2 of 2017, [2015–2017] EACJLR 864; the Treaty for the Establishment of the East African Community, especially Articles 6(d), 7(2), 8(1)(c), 27(1) and 30(1); the Media Services Act No. 12 of 2016 (Tanzania); the African Charter on Human and Peoples’ Rights; the International Covenant on Civil and Political Rights, especially Article 19; James Katabazi and Others v Secretary General of the EAC and Attorney General of Uganda, Reference No. 1 of 2007; Attorney General of Kenya v Independent Medical Legal Unit, Appeal No. 1 of 2011; Attorney General of the Republic of Rwanda v Plaxeda Rugumba, Appeal No. 1 of 2012; and the later EACJ proceedings involving Media Council of Tanzania and others, including Reference No. 37 of 2021.

Suggested Citation

Ronald Serwanga, “Tanzania Media Law and the EACJ Rule of Law Rulings” East Africa Legal Insight (13 October 2026).