INTRODUCTION;

By starting with the concept of media it is commonly and undisputable fact to say that media are

very important in any democratic state since it plays a great role to the state, it is to say that

media can be constructive or destructive since it hold all spheres of life .the term media is a

broad concept which includes press and other related mode of transmitting information. It might

be noted that the freedom of media is going parallel with the freedom of expression, if there is no

freedom of media also there could no freedom of expression, Freedom of the press is the most

important wheel of democracy. Without a free press, a democracy cannot exist. Press is a great

medium that conveys the essential information to people if it sets free to give out every

information1.Media plays role toward providing an information of the government also it is

where people can criticize the government if did wrongs since it is the place where people can

express their views and being widely known. Whenever there is a social evil lurking or

corruption and oppression happens and other misconducts, media are the first one to raise a voice

that's why we say proper and effective media act as the voice of people in the state.

In most of the state in the world, the freedom of media is given some limitations, that media have

not being given total freedom of expressing each and every thing that there are some

information that they are not given as they are. As far as Tanzanian legal system is concerned,

media is regarded as a lawful instrument which enables citizens to execute and enjoy their right

and freedom of expression which given under Article 18 of The Constitution of United Republic

of Tanzania2 which provides that;

Every person -

1
Tanzania Media Law: A Handbook for Practitioners, 2019.
2
The Constitution of United Republic of Tanzania Of 1977.
(a) has a freedom of opinion and expression of his 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 society.

With regard to the arfomentioned Article it is where the right and freedom of expression

guaranteed in Tanzania, through that is where the media industry gets the right of receiving,

providing and disseminating information to the society.

Even though the media industry seems to play a great role to the state, in Tanzania the legal

framework seems to affect the roles of media industry since such legal framework does not

provide fully independent to the media industry as many legislations seems to infringe the

freedom of media to receive and disseminate the full truthful information to the society to the

extent that the independent of media industry in performing its roles is partial independent and

not fully independence.

MAIN BODY;

The following are points which show how the Tanzanian law infringes the freedom of mass media.

The existence of clauback clauses in laws which regulate and govern media industry; under this point

of views it is to say that The Constitution of Tanzania proved the right and freedom of expression to its

people only but not recognize the freedom of media directly as seems under Article 183

Every person -

(a) has a freedom of opinion and expression of his ideas;

(b) has out right to seek, receive and, or disseminate information regardless of national boundaries;
3
See Article 18 of The Constitution of United Republic of Tanzania Of 1977.
 (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 society.

Hence the freedom of mass media remain to be an act of the court during the interpretation of the law but

the law its self did not hit direct the freedom of media. For instance in the same Constitution this right and

freedom of expression is exploited or taken by law whereby in Article 30(1) 4 the law provides the

limitations for the enjoyment of this right and freedom of expression. The law states that;

“The human rights and freedoms, the principles of which are set out in this Constitution, shall not be

exercised by a person in a manner that causes interference with or curtailment of the rights and freedoms

of other persons or of the public interest.5"

Further under Article 30(1)6 , the law ruined to the citizens and media industry the right and freedom of

expression which given under Article 18 by imposing same restrictions and limitations toward the

execution of such right under Article 30(1).For instance in order to protect public safety, public security

and defense, public morality, public health as well as privacy, reputation, rights and freedoms of persons,

the law impose such restrictions to media industry not to produce information which may likely to

destruct such issues. Therefore in such circumstance, the media industry cannot be effective medium or

tool of transmitting information to the society and to the extent required or expected to be 7.

The criminalization for defamation violates the freedom of expression; This is another problem which

acts as the barrier for media industry to exercise their roles. Under these points of views it is to say that

the law puts some acts done by the media to be crimes, the acts which make the media to lack the

4
See Article 30(1) of the Constitution of United Republic of Tanzania, 1977.
5
Ibid
6
Ibid
7
Tanzania Media Law: A Handbook for Practitioners, 2019.
confidence in disseminating the information to the society. Section 508 defined offence and penalties of

such offence done under media industry pertaining defamation. The law defined defamation as,

"Any matter which, if published, likely to injure the reputation of any person by exposing him to hatred,

contempt ridicule, or likely to damage any person in his profession or trade by an injury to his reputation,

is a defamatory matter."

The law gives the privilege to the authority likely to silence public voice on different problems

causing by privileged authority; under this point it is to say that the lave have provided privilege to

some authority that defamation which is made to a good faith is allowed, but this made some authority

with that privilege to guide the media in a way they think to do as provided under section 35-39 9.

The board which control the media lacks independence due to its formation and managements

(TCRA)10; This is due to the fact that, TCRA is governmental board and its members are appointed by

President and minister responsible for communications issues hence it is to say that since its member are

appointed they act upon the order of those who appoints them even if the act are bad they not disseminate

it. This speculated under section 7-12 of11 . Therefore due to the involvement of great political leaders in

the appointment of members of TCRA body then there is likelihood of such leader to control the body

indirectly, meaning that President and Minister responsible may control the authority of the body through

the members whom they appointed12.

8
The Media Service Act, 2016.
9
Ibid.
10
See section 4 of The Media Service Act, 2016.

11
Tanzania Communication Regulatory Authority Act, 2003.

12
Ibid
 The content and operations of the media houses are controlled under the board (TCRA) 13; this is

another problem which created by law and it has direct effect towards the execution of media industry's

responsibilities or roles14. This is due to the facts that every contents disseminated they are approved first

by the authorized board. Example section 515

.-(1) Any person who communicates any classified matter to any person other than a person to whom he is

authorized to communicate it or to whom it is m the interests of the United Republic his duty to communicate it shall

be guilty of an offence and liable on conviction to imprisonment for a term not exceeding twenty years.

(2) In a prosecution for a contravention of subsection (1) it shall be no defense for the accused person to prove that

when he communicated the matter he did not know and could not reasonably have known that it was classified

matter.

Also the law gives an excess power the authoritative organs to control the content and daily operations of

media houses to the extent that there is infringement of the rights media houses to media freedom,

opinions and expression of its information’s to the public. For instance police officers are granted broader

power to search and seizure in respect of media house that established, installed, maintained, operated or

provided in contravention of the law. The law under section 60 (1) 16 states that;

"The police officer may, if he has reasonable grounds to believe that a media house has been established, installed,

maintained, operated or provided in contravention of this Act, search and seizure any equipment found therein

which appears to be used or had been used for that purpose... "

Thus the law should not grant the absolute power to such authoritative organs to that extent which hinders

the effectiveness of media industry to exercise its roles in Tanzania society.

The law provides unrestricted discretionary power to the responsible minister; This is to

say that the law gives the responsible minister absolutely discretionary power to control the
13
The Case of TCRA V. Hamphrey Polepole, case no 1 of 2021.
14
Section 7(3) of The Media Service Act,2016.
15
The National security Act, 1970.

See The Media Service Act, 2016.

16
media industry to the extent such power can be used to restrict the importation and publication of

potential information that the government may find undesirable and that information seems to be

touch with the said minister17.

The mandatory registration scheme of blogger and online forum 18; under these points of

view that the board have been mandate to register an online forum as they wish, hence they may

refuse to register if they think to do so 19 hence this become the barrier toward the freedom of

media.

The law provides that the online information must show the verifiable sources; this is

another problem that the law requires that the media when gives the information must show its

sources, hence to them it become difficult to acquire the information from the third part since

some of the people wants to hide their identity while giving the confidential information for the

sake of their life. For instance section 4520 requires that the persons through a take-down

notifications to inform the service provider of data or activities infringing the rights of the third

party, any unlawful activity or materials or any matter conducted or provided contrary to the

law, the service provider obliged to take action on the take-down down notification.

CONCLUSION;

Generally speaking, the mass media plays great role in the state like promoting government

police on different development projects, also it provides information to the state on what is

going in the daily activities of the government, also the media is source of enjoyments, but it

Section 18 of The Media Service Act, 2016.

17

Ibid
18

See section 7 of Tanzania Communication Regulatory Authority Act, 2003.

19

Cybercrime Act, 2015.

20
faces some challenges which is the creature of our laws, since our law puts some conditions

which makes this media fails to give the truthful information on various matters occurred rather

it prays all good things done by the government but not disseminate the evils of the government

to the members of the states for the fear of being burned, and other fines and the owners fear of

being imprisoned due to the information they provided.

REFERENCE

BOOKS;

Tanzania Media Law: A Handbook for Practitioners, 2019.

STATUTES;

The Constitution of United Republic of Tanzania, 1977.

The Media Service Act, 2016.

Tanzania Communication Regulatory Authority Act, 2003.

The National security Act, 1970.

Cybercrime Act, 2015.

CASES;

TCRA V. Hamphrey Polepole, case no 1 of 2021.