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 and, by extension, freedom of the media is enshrined in
the constitution of Tanzania and Zanzibar. However, there are limitations to these
freedoms because their protection is not included in other pieces of legislation.
The panellists believed that nothing has changed since the last AMB in 2008
because there are still claw back clauses in the constitution (article 30), while other
laws that encroach on the right to freedom of expression are still in existence, such
as the Public Services Act (1962), the Newspaper Act (1976), the Penal Code
(1945)1 the National Security Act (1970) and the Public Leadership Code of
Ethics Act (1995).
Since the last AMB in 2008 there has not been any change in laws. There has only
been an exercise involving government and other media stakeholders, to review
information and broadcasting policies as well as to enact Freedom of Information
(FOI) laws.2
Following this exercise, government’s proposals on the FOI bill and the
stakeholders’ recommendations provided for continued public debate, resulting in
the Government appointment of a team of experts to look into the Information
and Broadcasting Policy of 2003 with a view to addressing emerging issues.
These include Information, Communication and Technologies (ICTs), blogs and
other forms of online publications. The FOI and Media Services bills of 2007 are
yet to be tabled in Parliament, and so far there has been no feedback from the
government with regards to the issue.

1 The Penal Code was amended in 1980 and revised in 2002.
2 The Freedom of Information Bill was gazetted in 2006 and presented to Parliament in 2007. A coalition
of civil society organizations criticized the Bill for restricting access to information. For instance, the
bill classifies cabinet papers and information as secret state documents. The Coalition, led by the Media
Council of Tanzania has presented an alternative draft Bill to government and Parliament. To date, the
Information Bill is yet to be passed.

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AFRICAN MEDIA BAROMETER TANZANIA 2010

Select target paragraph3