Tanzania re-introduces controversial media laws

A man reads a newspaper in Dar es Salaam on April 26, 2014. FILE PHOTO |

What you need to know:

  • Proposed legislation includes tough fines and penalties.
  • Some penalties are not exclusive to journalists.

DAR ES SALAAM

A year after Members of Parliament rejected a miscellaneous amendment bill which, among other things, aimed at amending the Newspapers Act to introduce harsh penalties, the government has come back with a comprehensive law which puts stringent conditions for media operations in the country.

In addition to putting restrictions on journalists, the Media Services Bill, which was tabled for the first time in the last Parliamentary session, seeks to control foreigners’ ownership of media outlets in the country.

According to section 13(5) of the proposed law; a foreign company may own a media house on condition that a shareholding structure shall not exceed forty nine percent.

Harsh penalties to errant journalists which MPs rejected last year have been replicated in the new law. The penalties are introduced in section 36: any person who publishes information which is intentionally or recklessly falsified; it threatens the interests of defence, public safety, public order, the economic interests of the United Republic, public morality or public health; or is injurious to the reputation, rights and freedoms of other persons; commits an offence and upon conviction, shall be liable to a fine of not less than Sh20 million or to imprisonment for a period not less than five years or to both.

Such penalties are not exclusive to journalists only as according to section 37(1) any person who imports, publishes, sells, offers for sale, distributes or produces any publication or any extract of it, the importation of which is prohibited, commits an offence and shall be liable upon conviction for the first offence to a fine of not less than Sh5 million or to imprisonment for a term of not less than three years or to both.

The law also empowers the government to confiscate printing machines on which the seditious of defamatory publication was printed or reproduced.

BROADCAST NEWS

In what has incensed private media owners, the government seeks, through the anticipated law, to force them to join the public broadcaster for the 8pm news every night.

Section 14(b) (iv) of the proposed law want them to broadcast the news from the national broadcaster every day "to enable the public to follow issues of national interest".

The government also introduced the Media Services Council, whose main obligation would be to monitor and manage media operations in the country.

The functions of the Council have been listed as: monitor radio and television broadcast content; monitor social media content; monitor print media content compliance licence, conditions and professional ethics; analyse print and electronic media content; license newspapers; license broadcasting content providers; regulate the activities of media houses and licence social media and news agencies, among others.

The government also established the Journalists Accreditation Board, which will have powers to impose fines on journalists, publishers and media houses; deregister journalists; fix rates and charges and approve contents of training curriculum and other standards pertaining to journalism.

Under the new act, no one will be allowed to operate as a journalist unless they are accredited by the board as provided for in section 21(1).

And according to the law, a person shall qualify for accreditation as a journalist if that person: possesses a degree in journalism or mass communication or any other media related field from the recognised institution of higher learning; possesses at least a diploma in journalism and a degree.

A person who ceased to be an accredited journalist as a result of the deletion of his name from the roll of journalists or is suspended from practising as an accredited journalist shall not continue to practice directly or indirectly as a journalist.