Article 18 of the Tanzanian Constitution guarantees freedom of the press, although its wording is admittedly awkward:
Yet, "The Newspapers Act, 1976" is a very broad restriction on the freedom of the press and makes it a serious crime to commit many actions that would be protected in the United States, Australia, most western European countries, and many other democracies. Section 25 authorizes the minister responsible for newspapers to require a newspaper to cease publication whenever it is the minister's opinion that "it is in the public interest or in the interest of peace and good order so to do." Section 27 of the same law authorizes the President of Tanzania to prohibit the importation of any publication when he believes, "in his absolute discretion," that importation would be "contrary to the public interest." Section 32 makes it a crime to utter any word with a "seditious intention" or to print, distribute, import, or possess any "seditious publication" (an undefined term). "Seditious intention" is very broadly defined and includes, among other things, "an intention to ... excite dissatisfaction against the lawful authority" of the government or "an intention to raise discontent or dissatisfaction amongst any of the inhabitants" of the country. Sections 38 and 41 say that a person commits libel, a criminal offense, when the person publishes a "defamatory matter" concerning another person unless the defamatory matter is true and "it was for the public benefit that it should be published." According to Section 39, "defamatory matter" means "matter likely to injure the reputation of any person by exposing him to hate, contempt or ridicule."
Although The Newspapers Act was enacted 35 years ago, it is not a dead letter. For example, it was used 3 years ago to suspend the MwanaHalisi newspaper that, according to the government, intended to cause conflict between the President of Tanzania and his son and thereby "create misunderstanding within the president's family." In October 2010, the government threatened to suspend MwanaHalisi again and to suspend the Mwananchi newspaper for the first time. In a letter to Mwananchi, the government said that the newspaper must "immediately stop publishing inciting and humiliating news, which tarnish the country and the government." In the period immediately before the 2010 presidential elections, the government threatened several newspapers with suspension because they were publishing "negative stories about the government." For more information about governmental actions that infringed on press freedom in 2010, refer to Chapter 3 of the Media Council of Tanzania's State of the Media Report, 2010.
There are many other laws that restrict the freedom of the press. For example:
A day earlier, Nchimbi said that the government's legislation to reform the restrictive regulation of media services and, for the first time, make governmental information open to the public (analogous to the U.S. Freedom of Information Act) would not be ready for parliamentary action during 2011. This is despite President Jakaya Kikwete's promising of the legislation in 2006. The delay could jeopardize continuing support from international donors who have said that passage of the right-to-information legislation is a condition for financial support in the next fiscal year, along with legislation protecting whistleblowers and legislation about the ethical responsibilities of government officials.
According to The Citizen, "Part of the delay has been blamed on arriving at levels of media freedom, with parties haggling around a totally free media but others, including MPs and those in government rooting for stiff sanctions against journalists and media owners who unreasonably misuse their power by attacking public figures." While debating the IYCS ministry's budget request for the next fiscal biennium, Mohammed Seif Khatib said, "During elections, media houses and journalists should register and openly declare which parties they support." Khatib is an influential member of Parliament from Uzini and a member of the ruling party, Chama cha Mapinduzi. He is also the Minister in the Vice President's Office for Union Affairs.
Sources:
"Several repressive laws are suffocating the freedom of Tanzanian media," Expression Today, 16 June 2010
"Government threatens press in pre-election Tanzania," Tom Rhodes, Committe to Protect Journalists, 28 October 2010
"Government threatens to deregister two newspapers," International Freedom of Expression Exchange, 27 October 2010
"Newspaper suspended for 'seditious article'; security forces summon editor for questioning," International Freedom of Expression Exchange, 14 October 2008
"The Newspapers Act, 1976," Parliament of Tanzania
"Media legislation to wait longer," The Citizen, 11 August 2011
"Stick to ethics, media urged," The Daily News, 11 August 2011.
Every person:
(1) has a freedom of opinion and expression of his ideas;
(2) has out right to seek, receive and, or disseminate information regardless of national boundaries;
(3) has the freedom to communicate and a freedom with protection from interference from his communication;
(4) 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.
(4) 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.
Yet, "The Newspapers Act, 1976" is a very broad restriction on the freedom of the press and makes it a serious crime to commit many actions that would be protected in the United States, Australia, most western European countries, and many other democracies. Section 25 authorizes the minister responsible for newspapers to require a newspaper to cease publication whenever it is the minister's opinion that "it is in the public interest or in the interest of peace and good order so to do." Section 27 of the same law authorizes the President of Tanzania to prohibit the importation of any publication when he believes, "in his absolute discretion," that importation would be "contrary to the public interest." Section 32 makes it a crime to utter any word with a "seditious intention" or to print, distribute, import, or possess any "seditious publication" (an undefined term). "Seditious intention" is very broadly defined and includes, among other things, "an intention to ... excite dissatisfaction against the lawful authority" of the government or "an intention to raise discontent or dissatisfaction amongst any of the inhabitants" of the country. Sections 38 and 41 say that a person commits libel, a criminal offense, when the person publishes a "defamatory matter" concerning another person unless the defamatory matter is true and "it was for the public benefit that it should be published." According to Section 39, "defamatory matter" means "matter likely to injure the reputation of any person by exposing him to hate, contempt or ridicule."
Although The Newspapers Act was enacted 35 years ago, it is not a dead letter. For example, it was used 3 years ago to suspend the MwanaHalisi newspaper that, according to the government, intended to cause conflict between the President of Tanzania and his son and thereby "create misunderstanding within the president's family." In October 2010, the government threatened to suspend MwanaHalisi again and to suspend the Mwananchi newspaper for the first time. In a letter to Mwananchi, the government said that the newspaper must "immediately stop publishing inciting and humiliating news, which tarnish the country and the government." In the period immediately before the 2010 presidential elections, the government threatened several newspapers with suspension because they were publishing "negative stories about the government." For more information about governmental actions that infringed on press freedom in 2010, refer to Chapter 3 of the Media Council of Tanzania's State of the Media Report, 2010.
There are many other laws that restrict the freedom of the press. For example:
- The Regions and Regional Commissioners Act, 1962
- The Prisons Act, 1967
- The National Security Act, 1970
- The Films and Stage Plays Act, 1976
- The Civil Service Act, 1989
- The Tanzania Revenue Authority Act, 1995
- The Public Leadership Code of Ethics Act, 1995
- The Prevention and Combating of Corruption Act, 2007
A day earlier, Nchimbi said that the government's legislation to reform the restrictive regulation of media services and, for the first time, make governmental information open to the public (analogous to the U.S. Freedom of Information Act) would not be ready for parliamentary action during 2011. This is despite President Jakaya Kikwete's promising of the legislation in 2006. The delay could jeopardize continuing support from international donors who have said that passage of the right-to-information legislation is a condition for financial support in the next fiscal year, along with legislation protecting whistleblowers and legislation about the ethical responsibilities of government officials.
According to The Citizen, "Part of the delay has been blamed on arriving at levels of media freedom, with parties haggling around a totally free media but others, including MPs and those in government rooting for stiff sanctions against journalists and media owners who unreasonably misuse their power by attacking public figures." While debating the IYCS ministry's budget request for the next fiscal biennium, Mohammed Seif Khatib said, "During elections, media houses and journalists should register and openly declare which parties they support." Khatib is an influential member of Parliament from Uzini and a member of the ruling party, Chama cha Mapinduzi. He is also the Minister in the Vice President's Office for Union Affairs.
Sources:
"Several repressive laws are suffocating the freedom of Tanzanian media," Expression Today, 16 June 2010
"Government threatens press in pre-election Tanzania," Tom Rhodes, Committe to Protect Journalists, 28 October 2010
"Government threatens to deregister two newspapers," International Freedom of Expression Exchange, 27 October 2010
"Newspaper suspended for 'seditious article'; security forces summon editor for questioning," International Freedom of Expression Exchange, 14 October 2008
"The Newspapers Act, 1976," Parliament of Tanzania
"Media legislation to wait longer," The Citizen, 11 August 2011
"Stick to ethics, media urged," The Daily News, 11 August 2011.
No comments:
Post a Comment