BROADCASTING
Tanzania Communications Regulatory
Authority announces stringent rules
In June, authorities announced stringent
broadcasting rules for the election period. Under the rules, bloggers, SMS pollsters, and broadcasters were required
to register with the state-run Tanzania
Communications Regulatory Authority,
comply with Tanzania’s laws governing
the operation of electronic media, and
ensure that information in blogs was accurate, factual, and balanced to all parties in the elections.
The government through the Tanzania
Communication Regulatory Authority
(TCRA) introduced the Subsidiary Legislation, best known as the Broadcasting
Services (Content)(The Political Party
Elections Broadcasts) Code of 2015.
This subsidiary legislation one was gazetted in June 2015 and media owners
were informed during one of the seminars organized by TCRA. It specifically
focuses on electronic media (radio,
television and social media) during reporting of election issues. The Code has
serious implications on free expression
especially online. Journalists were given
very little notice of this Code, yet they
are directly affected by it.
In June, the government passed a subsidiary legislation to the Broadcasting
Services Code, specifically in relation
to reporting on the upcoming elections.
Ostensibly, the legislation is intended to
encourage impartiality from journalists,
but littered throughout the 20-page document are regulations that could seriously compromise journalistic freedom.
Television broadcasters, for example,
are mandated to report only on things
that the government deems “interest-

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So This is Democracy? 2015

ing and relevant” and prohibited from
broadcasting any “inflammatory, defamatory and divisive matter.” Print journalists are cautioned to make sure their
reporting is “accurate” and “balanced”
and warned not to “hurt the feelings of
any person.” Under the code, journalists are also prohibited from using any
language that might “breach peace.” The
terminology is general and rather vague,
so any issue being discussed may fall
under these broad terms.

LOOKING FORWARD TO 2016
The Access to Information Act has to go
back to the drawing board so that the
content in particular underscores the
essence of an informed public through
guaranteeing the citizens’ access to public information, which empowers the
people to call on their governments to
account for their actions.
A Right to Information Act should provide for the legal framework and procedures on how all Tanzanians can access
information that is in the hands of the
Government and its agencies but also
on how Government can pro- actively
share this information with the public.
There is a need to review the Cybercrime Act 2015 and the Statistics Acts
2015 and repeal laws that restrict press
freedom and put into place comprehensive and progressive legislation that
provides for fundament and basic rights
such as access to information, freedom
of expression and provide a more conducive environment for media to operate and function effectively in keeping
citizens informed.

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