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his control. Nothing in this Act shall limit or otherwise restrict any other
legislative requirement for a public authority to disclose information.
The Act (Sections 7-9) upholds the principles of obligation to provide information,
obligation to keep information and the obligation to publish certain information.
Among other clauses, it requires state authorities to appoint information officers
to ‘deal with requests for information and render assistance to a person seeking
such information’. The law further outlines procedures for accessing information
in Sections 10 and 11, which include special considerations for non-literate and
disabled members of the public.
Despite these progressive provisions, panellists said the Access to Information Act
remained inadequate. For example, there are no repercussions to information
holders who decide not to honour information requests. They made the
comparison with India, where a similar law says an information officer who fails
to honour an information request is held personally liable. The Tanzanian law
also gives information officers, or persons acting as such, up to one month to
respond to information requests, which is restrictive for people who might need
information on tight deadlines such as journalists and lawyers. Furthermore,
Section 18 restricts how information obtained from information holders can be
used, prescribing a prison term of up to two years for anyone found guilty of
distorting information obtained through a Freedom of Information (FOI) request.
Since the passing of the Access to Information Act, panellists said access to
information has ironically become more difficult for the public and cited two
studies by the Media Institute of Southern Africa (MISA) and the Media Council of
Tanzania, which show that the law has not improved public access to information.
Panellists stated that with the requirement to appoint information officers, some
public authorities – like local governments, who traditionally communicated with
constituents – have scaled back on their use of public notice boards and other
channels. There has also been a sharp decline in publicly available information on
official websites and other portals that existed under an open government drive
prior to 2016. Rather than promote, panellists felt the Access to Information Act
had restricted access to information.
Many reasons account for this unflattering perception. The most significant
appears to be confusion among information holders, such as municipalities,
District Executive Directors (DEDs) and information officers on their different roles.
One panellist explained the situation as follows, ‘Sometimes, the information
officer will tell you he is not the spokesperson of the DED. Even though the law
empowers the information officer to provide information and help information
seekers, some of them still tell you they need the approval of their superiors or
the DED. At the same time, some districts have stopped providing information
to the public using other channels that worked in the past, because they feel all
information must now go out through the information officers.’
By and large, panellists felt the Access to Information Act had taken the country
backward rather than forward. The public, they pointed out, was no longer able
to receive information as promptly as they did in the past when districts had rolled

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AFRICAN MEDIA BAROMETER TANZANIA 2019

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