a standstill. In some cases, civil unrest led to the arrest of striking individuals.34 There have been instances where
Government declared the strike illegal, threatening to fire participating civil servants.35
Freedom of expression
263.
The Constitution of Tanzania recognises the freedom of expression and progressive trends in the legal framework
that increase transparency and accountability in handling media issues, such as the TCRA Act. The CRM
established that over the last 18 years, over 54 televisions stations were established with a 19 per cent coverage
of the population. State-owned stations have risen from one to 128 registered radio stations under diversified
ownership – 89 per cent of which are located in urban areas.36 In addition, there are about 20 million mobile
phone subscribers.37 However, it is only recently have community radio stations begun to emerge and there are
currently 15 of these, located mostly in rural areas, the majority being in Mwanza, Kagera and Shinyanga.38
Nonetheless, there is a perception that many media proprietors are affiliated to the ruling party, resulting in
biased reporting.
264.
Notwithstanding this progress, the CRM notes that several pieces of enabling legislation restrict media freedom
in Tanzania, resulting in repressive government action. These include the National Security Act, the Tanzania
Communications Regulatory Authority Act, the 2010 Electronic and Postal Communications Act, the 2002
Parliamentary Immunities Powers and Privileges Act, the Prisons Act, the Prevention of Terrorism Act, and the
Newspaper Act, Cap 229. Government is yet to act on the Nyalali Commission recommendations and advocacy
by various actors over these restrictive laws.
265.
The Newspaper Act, for example, was used to suspend or indefinitely ban the publication of certain newspapers.
Between 1993 and 1999, Government banned about 12 newspapers, including Michapo, Cheka, Ausha Leo,
Kasheshe, Nyundo, Chombeza, Kombora, Watu and Tingihsa.39 In 1999, Majira was banned for a week while,
between 1996 and 1998, the same paper was banned in Zanzibar, allegedly for sedition and malicious reporting.
In October 2008, MwanaHalisi was banned for three months on allegations of having published seditious stories.
In January 2010, Leo Tena was banned indefinitely for publishing a pornographic picture while Kulikoni was
banned for three months on the grounds that it published seditious and defamatory articles. The same law
(Section 27) empowers the President to prohibit the importation of any publication that would be contrary to the
public interest. To this effect, publications including Brown Book and My Dear Bottle were prohibited from being
imported.
266.
The CRM noted the appreciable increase in community radio use. Communities perceive these radio stations
as important change agents in providing information and increasing education on various social issues. Despite
coverage limitations to areas or locations where these radios can be clearly heard, they are the most preferred
broadcasting service in rural areas as they reach marginalised groups, offer what the community needs, address
local issues, and are managed by the communities themselves. As is reported in Chapter Five of this Report, the
CRM notes as a good development the External Code of Ethics issued by the Media Council of Tanzania in 1995.
Right to information
267.
The CRM observes that Tanzania is without a law making it mandatory for public and private bodies to inform
citizens of matters important to them and informing them how to exercise this right. Rather, several laws allow
officials to disclose specific types of information, such as under the 2002 Companies Act, and the Law of
Marriage Act Cap 29. This contravenes the 2003 Information and Broadcasting Policy which directs that a law
should be drafted to implement the citizens’ right to seek and disseminate information. The CRM learnt from
meetings that media stakeholders rejected the government-prepared draft Freedom of Information Bill of 2006
because it contained repressive provisions. Although the media subsequently proposed two alternative draft bills
34
A key driver of civil unrest and conflict is improper management of labour disputes. Incidences of labour rights abuses were cited to the CRM with
investors being named as perpetrators.
35
As in the case of the May 2010 strike of the Trade Union Congress of Tanzania.
36
Impact Assessment of Community Radio Stations, p.5, Media Council of Tanzania.
37
Submission from the UN Country Team to the 12 Session of the UPR, p. 12
38
Ibid.
39
Freedom of Expression and Media Laws in Tanzania: A Critical Appraisal, p. 127, Media Council of Tanzania.
70
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents