African Media Barometer Tanzania Sector 1: Freedom of expression, including freedom of the media, are effectively protected and promoted 1.1. Freedom of expression, including freedom of the media, is guaranteed in the constitution and protected by other pieces of legislation. ANALYSIS: Free expression of ideas and views, including opinions and the right to information is embodied under Article 18 of the Constitution of the United Republic of Tanzania, 1977 (as amended) which states that every citizen has a right to: a freedom of expression and of opinion; b seek, receive and impart information without regard to national boundaries; c communicate and the right to non-interference of that communication; d Be informed at anytime on important happenings that are of importance to the life and wellbeing of citizens and about important issues of concern to the society. Between 2006 and 2008, there has been no change in laws or new ones enacted to protect people’s right to freedom of expression and of the media as guaranteed by law. However, there has been quite a lot of debate on the Government’s proposals on the Freedom of Information Bill and the Media Services Bill 2007, by various stakeholders throughout the country. The Constitutional amendments of 2005 removed all claw back clauses in the Constitution, but the retention of Article 17 and 30 invalidates the guarantees provided under Article 18. The panelists conceded that despite the existence of oppressive laws that hinder freedom of expression and of the media, the media has been very courageous in exposing corruption in very high places. There was consensus that political tolerance was high allowing journalists to criticize the government. However this should not be mistaken as there being freedom of expression since the laws remain in place and could be evoked at any time. The panelists pointed out that the Fourth Phase Government under President Jakaya Kikwete has been quite tolerant. However, freedom of information should not be confused with political tolerance. A recent study by the Coalition on the Right to Information1 has proposed that of the 27 legislations that touch on issues of right to information, 17 of them need to be reviewed, amended or repealed because they suppress access to information, press freedom and freedom of expression (See appendix 1). The panellists held the same opinion on Zanzibar, where although there are Constitutional 1 The Coalition on the Right to Information was formed in December 2006 and comprises of 11 media and human rights organizations which have been coordinating stakeholders recommendations on the Right to Information and Media Services Bills. The Coalition is being led by the Media Council of Tanzania (MCT) and includes the Media Institute of Southern Africa – Tanzania (MISA-TAN), the Tanganyika Law Society (TLS), the Legal and Human Rights Centre (LHRC), the Media Owners Association of Tanzania (MOAT), the Tanzania Media Women’s Association (TAMWA), the Tanzania Gender Networking Programme (TGNP), the Tanzania Legal Education Trust (TANLET), and the National Organisation for Legal Assistance (NOLA). Others are Article 19 and the Commonwealth Human Rights Initiatives (CHRI). So This Is Democracy? 2008 -226- Media Institute of Southern Africa