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

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