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.
There are two constitutions in Tanzania (the constitution of the United Republic of
Tanzania, 1977, and constitution of Zanzibar, 1984). Legally, Zanzibar is termed an
autonomous unit within the United Republic of Tanzania. Zanzibari law, overall, is
governed by the Tanzanian constitution.
Both these constitutions guarantee freedom of expression to all citizens, but
freedom of the media is not specifically stipulated in either constitution.
Article 18 of the constitution of the United Republic of Tanzania states that:
Every person –
(a) has a freedom of opinion and expression of ideas ;
(b) has out right to seek, receive and, or disseminate information
regardless of national boundaries ;
(c) has the freedom to communicate and a freedom with protection from
interference from his communication ;
(d) has a right to be informed at all times of various important events of
life and activities of the people and also of issues of importance to the
right of society.
Article 18 of the Zanzibar constitution is very similarly worded.
These rights, however, are limited as they are not protected by any other legislation.
In addition, article 30 of the Tanzanian constitution contains clauses which can
override citizens’ rights to freedom of expression under the name of ‘public
interest’, privacy and defence of the nation, among others. Some panellists felt
that stipulations in article 30 were too broad and could be interpreted subjectively
to clamp down on media that was not pro-government.
These exemptions make the implementation of any kind of Freedom of Information
(FOI) legislation challenging. Such an act has been on the cards for more than five
years and a FOI Bill exists, but has not yet been implemented. The self-regulatory
Media Council of Tanzania has spearheaded a coalition of stakeholders to present

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AFRICAN MEDIA BAROMETER TANZANIA 2012

Select target paragraph3