Potential ATI legislation restricts
access
If adopted in its current form, the Access
to Information Act imposes a minimum
15-year prison sentence on any government officials who release information
that is subject to a number of overly
broad and vaguely defined exemptions.
Those exemptions include disclosures
that are “not justified in the public interest”, that “infringe commercial interests”
or that “significantly undermine the operations of the Tanzania Broadcasting
Association”.
Section 18 (1) of the Access to Information Bill carries wider violation of right
to information. This section reads as follows; “Information obtained by a person
requesting from the information holder
shall not be for public use”. The Act also
attaches a minimum, five-year prison
sentence for the offence of publicly
sharing information received from an
“information holder” — a public authority or private organisation that receives
public funds or possesses information
related to public health, the environment, human rights or illegal activities.
The bill will allow such “information
holders” to demand fees and will not
prohibit officials from refusing to provide requested information. Finally, the
Act will not allow courts to substitute
fines for prison sentences, which critics
said could enable those who wish to silence journalists to use the threat of imprisonment to do so. Critics of the proposed Act said the possibility of prison
sentences had the potential to generate
fear and create an excuse for officials
not to provide information.

JOURNALIST SAFETY
Journalists prevented from carrying out
their duties

78

So This is Democracy? 2015

There were scattered reports of incidents of intimidation against journalists
covering the elections. Journalists were
blocked from covering a meeting by an
official from the Chama Cha Mapinduzi
ruling party. Journalist Benson Mwakalinga was slapped and punched by the
same official, when he protested the
lack of press access.

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.
A month before the elections, party officials barred Peter Elias, a reporter from
the privately owned newspaper Mwananchi, from joining the press entourage
following Magufuli, allegedly because
of his unfavourable coverage.

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