PWAMANG, JSC.
In this ruling the plaintiff/applicant will be referred to as ‘applicant’ and defendants/respondents as ‘respondents’. This is a motion on notice for an order of interlocutory injunction filed by the applicant seeking to restrain the respondents from enforcing specified provisions of the National Media Commission (Content Standards) Regulations, 2015 (LI 2224) pending this court’s determination of the substantive Suit No. J1/4/2016.
The relevant facts upon which the application has been brought are as follows; LI 2224, which came into force on 9th December, 2015, requires electronic communication networks and broadcast media institutions to obtain prior authorisation from the 2nd respondent before they can carry any content on their networks. Under the LI it is an offence to carry any content on a network without authorisation and upon summary conviction one may be fined or imprisoned for not less than two years or more than five years or both fine and impris…