Tanzania FREEDOM OF EXPRESSION Enactment of legislation impedes on the right to FoE and media freedom In April 2015, Government introduced The Cybercrimes Bill, 2015, The Statistics Bill, 2013, The Media Services Bill, 2015 and The Access to Information Bill, 2015 under a “certificate of urgency”, limiting normally available channels for public consultation resulting in the Cybercrimes Bill and The Statistics Bill being passed. Media stakeholders managed to rally support on the The Media Services Bill, 2015 and The Access to Information Bill, 2015, resulting in their enactment being delayed. The Statistics Act introduces severe restrictions on the publication or communication of any contentious statistical information. It makes it illegal (i) to publish or communicate “false” or “misleading” statistical information, and (ii) “without lawful authorisation of National Bureau of Statistics,” to publish or communicate statistical information that “may result to the distortion of facts”. Punishments in both cases are harsh – a minimum 12 month prison sentence and/or a fine of over ten million shillings (around $6,000), with no maximums. There are no protections for those acting in good faith. The Cybercrimes Act makes it an offence to publish any information online that is “false, deceptive, misleading or inaccurate”. If a mistake is made in a survey report or blogpost – or a statement is considered “misleading” – it could be regarded as a punishable offence. form in a computer system where such information, data or fact is false, deceptive, misleading or inaccurate”) draws, at the least, a six-months in prison and/ or a fine of Tshs. 3 million. An offender can face at least three years in prison and/or a fine of at least Tshs.10 million for publication of materials that incite, deny, minimize or justify acts that constitute genocide or crimes against humanity. The Act goes further by giving even very junior police officers the authority to search and/or seize any computer equipment or data, including the content of messages, with no meaningful justification required or oversight provided. This includes demanding information from internet service providers and mobile phone networks. The contraction of media freedom through legislation and other measures question President’s commitment towards democracy, human rights and development. According to the Act: “Publication of false information: (publication of false information is defined as the publication of “information, data or facts presented in a picture, texts, symbol or any other So This is Democracy? 2015 77