Sector 1:

Freedom of expression, including freedom of the
media, are effectively protected and promoted


Freedom of expression, including freedom of the
media, is guaranteed in the constitution and
protected by other pieces of legislation.

Article 18 of The Constitution of The United Republic of Tanzania
grants to the people the freedom of expression and the right to be
informed. Sub Article (1) states that “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”. Sub Article (1A) goes on to
say “This right shall include (a) freedom of the press and all other
media (b) freedom of artistic creativity, and (c) academic freedom
and freedom of scientific research.”
However there are certain exceptions. The rights and freedoms are
restricted, for example, in relation to national security, to protect
the rights of other people, to protect the freedom of civil servants to perform their duties and where public order is threatened.
There was consensus that Articles 17 and 30 of the constitution do
not comply with the principle of freedom of expression. Other restrictive pieces of legislation are the Newspaper Act No.3 of 1976
and the Broadcasting Act No.6 of 1993. The majority was of the view
that the exemptions are so broad that they do not serve a legitimate
interest and can not be deemed to be necessary in a democratic society. The same also goes for the other part of the Union (Zanzibar)
whose Newspaper’s and Broadcasting Acts are equally restrictive of
freedom of expression.
African Media Barometer - Tanzania 2006


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