SECTOR 1

1.3 There are no laws or parts of laws restricting freedom of expression such as excessive official secrets or
libel acts, or laws that unreasonably interfere with the
responsibilities of media.
A string of laws that can restrict freedom of expression remain on the statute
books in Tanzania. Among them are the Newspaper Act of 1976, the Penal Code
(1945), the National Security Act (1970), the Public Service Act (1962) and the
Public Leadership Code of Ethics Act (1995).
Panellists felt that all these laws have a negative impact on freedom of expression.
In 1991, the Nyalali Commission, headed by Chief Justice Francis Nyalali,
recommended that for Tanzania to be able to embark upon multi-party democracy,
40 pieces of repressive legislation needed to be amended. Among these are the
above laws, which remain untouched.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country meets only a few aspects of indicator

3

Country meets some aspects of indicator

4

Country meets most aspects of indicator

5

Country meets all aspects of the indicator

Average score:

1.5 (2010 = 1.2; 2008 = 1.7; 2006 = 1.6)

1.4 The Government makes every effort to honour
regional and international instruments on freedom of
expression and freedom of the media.
Panellists agreed that although the Tanzanian government has ratified most
regional and international instruments on freedom of expression and freedom of
the media, including the African Charter on Human and People’s Rights (1981),
the Declaration of Principles on Freedom of Expression in Africa (2002) and the
African Charter on Democracy, Elections and Governance (2007), “the issue of
the state honouring them is questionable”.
There is no stipulation in either of the constitutions, which state that ratifying such
instruments makes their contents automatically law in Tanzania and Zanzibar.

AFRICAN MEDIA BAROMETER TANZANIA 2012

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