FROM THE PUBLIC EDITOR'S DESK : Maybe TZ could do with another media law

Those who thought there were enough or too many laws on media in Tanzania are wrong. There is at least one more urgent law required: Prevention of Banning of Media Outlets by President Act, 2017.

One may say this is being funny. It is not. This country is replete with laws on media. The most recent is the litigious Media Services Act, 2016. Records have it that we have fought “bad laws” from the 1980’s to now – closer to our exit age; but all in vain.

Indeed, there is specific legislation on media; but there are others that are not specific to media which, through phrases, sentences and sections bite, hit and hurt media outlets and practitioners.

The law to stop the President from banning media outlets is of utmost urgency. Why? Because experience has shown, Presidents’ suggestions are actually, orders. But this time we don’t talk of suggestions. Before us is a warning and a promise to close down two newspapers. Addressing a rally in Shinyanga last Friday, President John Magufuli accused two unnamed newspapers of publishing what he called “seditious” stories and said their days “were numbered.”

He specifically threatened to ban “two” newspapers for alleged publication of material that incites and borders on “endangering peace.” Let us try to go by deduction. If the President can ban newspapers; he can also ban other outlets such as magazines, videos, radio, and TVs; and possibly plays.

What could this mean? It could mean banning editors, reporters, managers, producers, programmers, presenters and all along the line.

What else? It could mean depriving citizens, who all along had access to these specific media outlets, the opportunity and right of access to information, news, educational material and entertainment.

Next? It could be starving ex-employees of the banned media outlets. It could spell total disaster to their families and dependants. It could steer fear among owners and managers of the remaining media outlets—implanting in them perpetual lack of confidence; and rendering them beggars, at most.

When media outlets, which carried information and news to the people; and stirred discussion and debates among them are banned; citizens’ contact lines collapse; exchange of ideas cease as they can no longer draw from the fountains of wide range opinion; and eventually fall back into feeble and backward whispers and gossips. A generation back.

Couldn’t this be the situation we are driving into; especially when the threat is announced by the President? Who doesn’t detest any attempts at silencing media and its practitioners; a situation that would render practitioners jobless, hopeless and helpless?

What makes the matter worse is that the President does not seem to apply any law on media. He simply says he would ban “two newspapers.” He doesn’t say he would order an arraignment of the concerned. But almost all laws in the country have come from Bills tabled by government. All laws on media have come from the government; which means the government has all along got satisfied about the laws faithfully representing its spirit – the intention, the purpose.

If that is the case, why doesn’t the President use the laws, passed by Parliament and assented to by the President?

There is no doubt the President respects laws made by the Parliament; and respects courts to which he appoints judges. Why then should he jump the laws and courts and decide to determine the “wrong” and “illegal” and met punishment?

Frankly speaking, there may not be any need for the Prevention of Banning of Media Outlets by President Act, 2017 if the president appreciates the existence of courts of law, magistrates and judges.

Media practitioners and the entire media fraternity have it that media laws are draconian; but being what they are, let them be put to practice instead of presidential orders which would be more personal than legal.