ABOUT FREEDOM OF PRESS IN TANANIA.
BY ONESMO ELIA and prisca
Although the Constitution of Tanzania provides for freedom of speech, several other laws induce self-censorship and limit the ability of the media to function effectively. About 40 pieces of legislation have been identified as unfriendly to the press. The National Security Act, for instance, allows the government to punish any investigative journalism that touches on information it considers classified.
Perhaps the most infamous of these antipress laws is the 1976 Newspaper Registration Act, which empowers authorities to register or ban publications “in the interest of peace and good order.” In 2009, the editor of MwanaHalisi, which had been shuttered in 2008, took the government to court, charging that the closure was unconstitutional.
The case was still pending at the end of 2011. Separately, in December, authorities charged the managing editor and a columnist at the private Swahili daily Tanzania Daima with incitement over a column that accused the government of misusing the police force for political purposes.
A magistrate also summoned the paper’s publisher for questioning. A conviction for incitement can lead to a sentence of up to a year and a half in prison. The case was expected to continue in 2012.
Public officials use both criminal and civil defamation suits to weaken cash-strapped media houses. In November 2011, former minister of good governance Wilson Masilingi filed a defamation case against a local Swahili newspaper, RAI, for a column that accused him of soliciting funds from his voters to buy an apartment. The court ordered the paper to pay 15 million Tanzanian shillings ($9,000) in damages and publish apologies on the first and second pages of the paper. Such hefty fines can cripple media companies, which often operate on a tight budget; the average journalist’s salary is estimated at between $58 and $72 per month.
Public officials and prominent businessmen frequently use
court injunctions to suppress critical reporting. Business mogul Yusuf Manji,
among many others, has employed this tactic liberally, filing for nine court
injunctions against the press in 2011.
The quantity and extensive reach of
these injunctions compelled the Media Owners Association of Tanzania to write
to the principal judge of the High Court and accuse the judiciary of granting
Manji “blanket ex parte injunctions” that imposed excessive restrictions.
Other laws, such as the Civil Service Act and the Public Leadership Code of Ethics Act, block access to information for journalists. Many public officials face legal restrictions on providing information to the media. Progress on enacting freedom of information legislation has been slow, with continued consultations on draft legislation.
In January 2011, Minister of Culture and InformationEmmanuel Nchimbi told media stakeholders that the government would doeverything in its power to pass a freedom of information bill. However, nofurther progress was made on the bill during the year.,.,
THE SITUATION OF PRESS IN TANZANIA
The International Federation ofJournalists (IF J) has today raised serious concerns about the deteriorating situation of press freedom in Tanzania, following the decision of the East African country to ban two widely-read newspapers.
According to independent sources and news reports, on 27 September the Tanzanian government took the decision to ban the Mwananchi (citizen in Kiswahili language) newspaper for 14 days and Mtanzania newspaper for 90 days. The decision was confirmed by the Information Services Director, Mr. Assah Mwambene.
"We are seriously worried by the Tanzanian government's decision. Banning a newspaper means preventing journalists from providing news to the public. This is a press freedom abuse which must not be taken for granted," said Gabriel Baglo, IFJ Africa director. "The authorities in Tanzania must re-open the two newspapers and promote press freedom".
The official reason given for the decision is that the two newspapers were carrying stories "which were likely to force citizens to mistrust their government". According to the government, Mwananchi has published several stories based on official documents not to be released to the public, while Mtanzania has published stories focusing on violence.
The IFJ believes that journalists in Tanzania are mature enough not to promote unethical standards in their daily work. It has stated that there is nothing to prevent the government from engaging in discussions with journalists and media practitioners to develop a more efficient and responsible way of working. The truth is that the Tanzania government continues to repress the right to media freedom in the country at a time when other African countries are making great efforts to improve freedom of expression.
The IFJ has questioned the decision of the Tanzanian government and stated that these are not the actions of a country that is respectful of the rule of law. In July last year the weekly newspaper, MwanaHalisi was banned. No decision to reopen it has been yet taken. While In September 2012, Daudi Mwangosi, who worked for Channel Ten as a TV reporter, died after being struck by a tear gas canister as police dispersed a crowd at a rally staged by an opposition political party ,Chadema cha Demokrasia na Maendeleo (Party for Democracy and Progress). Until now there has been no justice for him and his family.
In December last year, Tanzanian police shot and wounded the journalist Shabani Matutu at his house in the capital city Dar-es-Salaam, and Issa Ngumba, a 45- year old radio journalist who worked for a community radio station Radio Kwizera in western Tanzania, was found dead on January 8 this year. He appeared to have been hanged by unknown assailants.
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