SECTOR 1

(3) The Government and its institutions, civil society organisations and
individuals will be responsible for providing information to the public
about the activities and the implementation of their activities.
(4) The Parliament shall enact laws for the purpose of protecting: (a)
the right and freedom of the press; and (b) news and information for
the purpose of national security, peace, public moral conduct, justice,
respect and liberties of other persons.
Despite its progressive outlook, panellists noted that the proposed recognition
of freedom of the media was inconsequential if the new constitution remained
shelved – as was the case during the holding of this AMB. Furthermore, they had
a generally unsatisfactory appraisal of the levels to which the current constitution
guaranteed freedom of expression and of the media:
Stating [freedom of expression] in the constitution is one thing,
guaranteeing it is another thing. Guaranteeing means that steps are
taken to ensure that citizens enjoy these rights. But that is not the case.
Strictly speaking, there is no right that is guaranteed in the country. [On
the contrary] laws that are supposed to enforce these rights are designed
to undermine them.
The constitution itself sets limits to the enjoyment of rights and freedoms, noting
in Section 30 that rights are only enjoyed if they do not infringe on the rights
of others and the general interest. Quite significantly, it adds that the provisions
of the constitution setting out fundamental human rights, freedoms and duties
do not stop the state from enforcing existing legislation or enacting future
ones that might take away citizen’s rights and freedoms as enshrined in the
constitution. Notably, the constitution outlines, citizens’ rights and freedoms can
be abnegated for the purposes of:
ensuring that the rights and freedoms of other people or of the interests
of the public are not prejudiced by the wrongful exercise of the freedoms
and rights of individuals;
ensuring the defence, public safety, public order, public morality, public
health, rural and urban development planning, the exploitation and
utilisation of minerals or the increase and development of property or
any other interests for the purposes of enhancing the public benefit;
ensuring the execution of a judgment or order of a court given or made
in any civil or criminal matter;
protecting the reputation, rights and freedoms of others or the privacy
of persons involved in any court proceedings, prohibiting the disclosure
of confidential information, or safeguarding the dignity, authority and
independence of the courts;
imposing restrictions, supervising and controlling the formation,
management and activities of private societies and organisations in the
country; or

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AFRICAN MEDIA BAROMETER TANZANIA 2019

Select target paragraph3