Fight still on for freedom of the media

Dar es Salaam. Days after the government lifted a ban on four newspapers, the focus of media stakeholders has now shifted to the Media Services Act 2016 which is described as being restrictive to the industry.

Information, Communications and Information Technology minister Nape Nnauye, said on Thursday that the law, which has seen media outlets banned and others suspended after publishing critical articles in recent years, will be reviewed to create a smooth environment for independent media houses to operate freely.

The promise is a new chapter in the media industry which has recently passed through tough times.

Apart from lifting the ban on Tanzania Daima, Mwanahalisi, Mawio and Mseto newspapers, Mr Nnauye, who doubles as Mtama legislator, instructed government institutions to also pay advertisement arrears to media organisations and provide them with new adverts that would give assurance of their survival.

Speaking to The Citizen, the Media Council of Tanzania (MCT) executive secretary Kajubi Mukanjanga said the government should amend contentious sections of the law covering sedition, media licensing, journalists’ accreditation and censorship contained in the act.

“We want the accreditation to avoid segregating journalists in the access and dissemination of information. The laws should be precise in order to enable people to regulate their behaviours,” he said. According to Mr Mukajanga, the law should be facilitative instead of becoming restrictive.

Regarding newspapers licensing, Mr Mukajanga said the law should go back to the authorisation process under the repealed Newspaper Act of 1977 which did not contain annual licensing and dangers of licence suspension and withdrawals.

Former secretary of the Tanzania Editors Forum (TEF) Neville Meena said the government amendment intention was commendable.

“The most important thing to consider is that the government should avoid banning newspapers. Anyone who feels aggrieved by an article should file a case in court against the publication instead of banning a newspaper,” he said.

According to him, most sections of the Media Services Act contravened the East African Community (EAC) protocol, emphasizing the need for the document to be reviewed.

In March 2019, the East African Court of Justice (EACJ) ruled in a case filed by activists that some provisions of the Media Services Act suppressed the freedom of expression and access to information.

The EACJ said the sections also largely violated the treaty that established the EAC.

The court directed the government to take necessary measures to bring the law into compliance with the EAC Treaty, however, nothing has been done to date.

Amnesty International said in a statement that Tanzania must now do more to guarantee press freedom going forward.

“Now that the ban on these newspapers has been lifted, the Tanzanian authorities must immediately repeal the Media Services Act to ensure that independent media outlets can operate freely, and carry out their work without fear of reprisals. This is essential for the enjoyment of the rights to freedom of expression and access to information,” said Sarah Jackson, Amnesty International’s deputy director for East Africa, the Horn and the Great Lakes.