SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the Constitution and supported by other pieces of legislation.
Freedom of expression is guaranteed to all citizens in both constitutions of
Tanzania – the 1977 constitution of the United Republic of Tanzania, which was
passed when the state was under one-party rule, and the 1984 constitution of
Zanzibar. While, legally, Zanzibar is termed an autonomous unit within the United
Republic of Tanzania, Zanzibari law is governed overall by the 1977 Tanzanian
constitution.
Article 18 of the constitution of the United Republic of Tanzania states that:
(1) Without prejudice to expression the laws of the land, every person has
the right to freedom of opinion and expression, and to seek, receive and
impart or disseminate information and ideas through any media regardless of
national frontiers, and also has the right of freedom from interference with his
communications.
(2) Every citizen has the right to be informed at all times of various events in
the country and in the world at large which are of importance to the lives and
activities of the people and also of issues of importance to society.
Article 18 of the Zanzibar constitution is very similarly worded.
The right to freedom of expression, however, is limited because it is not supported
by any other legislation. In addition, Article 30 of the Tanzanian constitution
contains clauses that can override citizens’ rights to freedom of expression under
the name of ‘public interest’, privacy and defence of the nation, among others,
which negates the Bill of Rights.
Freedom of the media, specifically, is not mentioned in either constitution.
In the proposed draft constitution of September 2014, under Article 38, freedom
of expression is similarly guaranteed as it is in the 1977 constitution, while Article
39 of this 2014 draft also guarantees freedom of information and the news media.
A referendum on the draft constitution was scheduled to take place in April 2015,
but this was delayed apparently because the National Electoral Commission had
not managed to register all voters.

12

AFRICAN MEDIA BAROMETER Tanzania 2015

Select target paragraph3