Constitutional Right of Freedom of Expression and its Limitation in Tanzania: Analysis of the Law
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Mzumbe University
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A Compulsory Research Report Submitted In Partial Fulfillment of the Requirements for an Award of the Bachelor of Laws (LLB) Degree of the Mzumbe University
Globally right of freedom of expression is still facing challenges particularly unreasonable and unjustifiable restriction by restrictive laws. Protection right of freedom of expression is so important in a democratic state like the United Republic of Tanzania which adhere to the principle of democracy set out all over the world under human right grounds. Freedom of expression in democratic country is one of the fundamental rights for the attainment of social, political and cultural wellbeing of the state, as absence of it or violation of it or strict limitation of it is totally not accepted not only by regional convention but also by international conventions. That is the reason why this right is recognized and protected by international, regional convention and written principal statute of the country The constitutional of united republic of Tanzania of 1977 as amended from time to time under article 18 recognize and protect that right of freedom of expression the same time article 30 of the constitution recognize some justifiable limitation or restriction to that right, apart from that there are other written laws in Tanzania which provide for the protection of that light of freedom of expression by limiting the boundary of enjoying that right. The study was conducted through field study at Arusha city within Arusha region, the study involved documentary review and field research by gathering relevant information from legal practitioners, politicians and ordinary citizens. Mainly the collection of field data involved oral interviews and questionnaire methods. The study involved a sample of 62 respondents and random sampling was employed. This study found out that, there is unjustifiable restriction to the enjoyment of freedom of expression in the country and that a lot of ordinary citizens are totally not aware of those laws. This study recommends that for the sake of protecting that right of freedom of expression those laws have to be amended by considering the test found to be good in this work.
Globally right of freedom of expression is still facing challenges particularly unreasonable and unjustifiable restriction by restrictive laws. Protection right of freedom of expression is so important in a democratic state like the United Republic of Tanzania which adhere to the principle of democracy set out all over the world under human right grounds. Freedom of expression in democratic country is one of the fundamental rights for the attainment of social, political and cultural wellbeing of the state, as absence of it or violation of it or strict limitation of it is totally not accepted not only by regional convention but also by international conventions. That is the reason why this right is recognized and protected by international, regional convention and written principal statute of the country The constitutional of united republic of Tanzania of 1977 as amended from time to time under article 18 recognize and protect that right of freedom of expression the same time article 30 of the constitution recognize some justifiable limitation or restriction to that right, apart from that there are other written laws in Tanzania which provide for the protection of that light of freedom of expression by limiting the boundary of enjoying that right. The study was conducted through field study at Arusha city within Arusha region, the study involved documentary review and field research by gathering relevant information from legal practitioners, politicians and ordinary citizens. Mainly the collection of field data involved oral interviews and questionnaire methods. The study involved a sample of 62 respondents and random sampling was employed. This study found out that, there is unjustifiable restriction to the enjoyment of freedom of expression in the country and that a lot of ordinary citizens are totally not aware of those laws. This study recommends that for the sake of protecting that right of freedom of expression those laws have to be amended by considering the test found to be good in this work.
Keywords
Constitutional Right, Freedom of Expression