March/April, 2012
Waliomeremeta
Issue No. 182 August, 2019
Unprecedented crackdown on media
News News News CPJ takes arrest of Another Freedom of press Kabendera, Gwanda’s investigative locked at disappearance to SADC journalist arrested Segerea? Page5 Page 8 Page 13 MCT, WINNER OF 2003 IPI FREE MEDIA PIONEER AWARD EDITORIAL Let media practice real journalism espite initiatives and repeated appeals for sobriety in the working relationship between state security organs – mainly the police and the media, the reality is the opposite and it appears the appeals are falling Don deaf ears. It has been and is continuing to be a common practice or exercise for the security organs to use the media for publicity but to arrest journalists whenever opportunities arise. The incidents of arrests and harassing of journalists are many. At one point police followed journalists to newsrooms to interrogate them on their coverage especially of political meetings – mainly by the opposition. Police have arrested and most times confiscated or destroyed working equipment of journalists and at times even erase photos of captured events which police distaste. The journalists are manhandled during arrests as if they were bandits or long sought dangerous fugitives. The Press Freedom Violations Register of the Media Council of Tanzania (MCT) has captured and documented a lot of incidents Editorial Board of harassments, threats and even kidnapping of journalists. Kajubi Mukajanga As you read this comment, the police have yet to provide MCT significant information on journalist Azory Gwanda who has EXECUTIVE SECRETARY disappeared since November 21, 2017. The obnoxious legislations enacted - the Cybercrime Act, the Media Services Act, the Statistics Act and a coterie of stingy David Mbulumi regulations add salt to the wound making operations of the PROGRAMME MANAGER media difficult while providing lethal ammunition for state security operatives to continue to pounce hard on journalists Hamis Mzee and the media in general. EDITOR But why this attitude by the authorities to keep the media in check? This is a free country, where views whether pro – the administration or alternative, must be allowed. The media, not only as purveyor and agitator of opinion, both pro-and COVER PHOTO alternative, must operate without hindrance. The trend that is assuming currency in the country is that views and opinions are exclusively a right of the authorities, while the rest must listen, follow and implement. We simply remind the powers, that it is not useful for them if the media only plays the praising and propaganda role. Let it be free to practice real journalism which is credible as this would help expose vices to be ridden from the society. Only active as opposed to docile media which the authorities seem to pamper and like, will provide such information that Investigative Journalist, Erick would give feedback to the authorities and scare wrong doers. Kabendera, is at Kisutu Magistrate So instead of state security organs continually harassing the Court, where he was arraigned for media, they should promote such relationship that would make alleged “economic crimes”. the work of both sides easier for the betterment of the country.
2 August 2019
News
The Minister for Information, Culture, Arts and Sports, Dr. Harrison Mwakyembe (seated) in a group photo with representatives and heads of various media outlets and institutions after a recent consultative meeting.
Equally the passing of MSA Regulations have adversely affected the economy of media outlets, as most media houses depend on Media experiences advertisement by the government. The Regulations have centralized government advertising and have given the Director of Information Services powers to allocate advertisement to media houses. unprecedented Editors are complaining that outlets that do not follow the official narrative are denied advertising. The draconian laws are also used to crackdown impinge on citizen rights to access information By MW Reporter use in 2018 to the detriment of the media and freedom of expression and press freedom and civic space including the Media Services to the extent that organisations dealing with Act (MSA), 2016, the Statistics Act 2015 (and he media is witnessing unprecedented issues of accountability, human rights and use of laws against it and the civil its 2018 Amendments), the Cyber Crimes Act, access to information were almost not sure society, the 2018 annual Report of 2015 and Online Content Regulations 2018 of what tomorrow would bring, the annual the Media Council of Tanzania (MCT) the Electronic and Postal Communications Act. Report of MCT states. Tstates. The crackdown has relegated media to According to the Report which account the Bad laws have been there since the passing praise singing compelling it to self censorship activities carried by the Council for the year, of the erstwhile Newspaper Act of 1976 which is killing journalistic innovation and stakeholders have appreciated the fact that and other laws, but the media had never investigative writing. the situation was not changing anytime soon experienced such crackdown as the case is The situation is further compounded by and resolved that the only recourse which now. the Online Regulations and the Statistics remained was courtrooms where justice The Report cites some of the laws with Act making it dangerous to do independent might be availed. draconian provisions which were put to full journalism even on development issues. Continues on page 4
3 Media Council of Tanzania Newsletter
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Journalists at work Media experiences unprecedented crackdown From page 3 partners are committed to continue dialogue information there should be a review board “Some CSOs and media organizations have with the Government through relevant which will deal with complaints ( a quasi-judicial joined forces to seek interpretation of laws and ministries and officials and through Parliament. body); regulations on various sections which impinge The Council , the Report says, has enjoyed • ATI regulations should explain clearly people’s basic rights”, the Report says. cordial relationship with the Ministry of that charges for information will be for By the end of 2018 at least five cases Constitutional and Legal Affairs and has photocopying or burning CD/DVD; had been opened, three at High Court of agreed to work together to build capacity of • The ATI Act does not say what will happen Tanzania and two at the East African Court of government information officers with regard to if information seekers are not satisfied; Justices (EACJ). Government decisions to ban Access to Information law. • The Act should allow non-citizens to be newspapers have been challenged in courts and The Council also engaged intensively given information so long as it is not to be have so far failed to stand the test. with high level officials of the Ministry of misused. During a high level meeting for media Information, including the Permanent Secretary. The two parties agreed that they will work owners and editors organized by the Council It is the Council’s belief that dialogue can together to ensure sensitization seminars are mid last year, it was revealed that acts of press help the Government see and understand the conducted countrywide to make information freedom violation have been on the rise where stakeholders outcry, the Report points out. officers understand the ATI Act. cases of threats, assaults, harassment, fines, A delegation composed of members of During the World Press Freedom Day on denial of access to information, disappearance the Ethics Committee and of the Coalition on May 3, 2018 the Council also met with the and banning of media outlets have contributed Right to Information (CoRI) held a dialogue Minister for Information, Culture, Arts and to increased fear among media owners. with the Minister for Constitutional Affairs Sports, Dr. Harrison Mwakyembe who told the The Council and various partners, according Prof. Palamagamba Kabudi on August 15, 2018. MCT team that the government was open for to the report, have been working together to CoRI – chaired by MCT brings together discussion in matters they thought were not support journalists and media houses whose several bodies – Sikika, Tanganyika Law Society conducive to the media. rights have been violated. (TLS), Media Institute of Southern Africa - The Minister noted that although taking By the end of the year five media outlets Tanzania Chapter (MISA- Tan), Twaweza, Legal measures for advocacy including litigation and four journalists were being or had been and Human Rights Centre (LHRC), Tanzania are a right to anyone, dialogue between supported to get justice. editors Forum (TEF), Tanzania Human Rights government and stakeholders would be more MCT was successful in four court cases Defenders Coalition (THRDC), Media Owners convenient. it supported being those of MwanaHALISI, Association of Tanzania (MOAT), Tanzania As for Zanzibar, the Council and partners Mawio, Mseto newspapers which were banned Media Women Association (TAMWA), Policy had met with senior Government officials by the government and journalists Christopher Forum, TCIB and Article 19. and their discussions centred on the issue of Gamaina and colleague George Ramadhani During the meeting with the Minister, MCT repealing the Registration of News Agents, who was acquitted by Resident Magistrate presented issues requesting him to improve on Newspaper and Books Act (No 5, 1988). Court in Mwanza of tramped up charges of Access on Information (ATI) Regulations. The Council’s position is to continue to impersonation. The issues include: work with the Ministry of Information in the Despite the odds, the Council and its • If a person is denied access to Isles to contribute to making of the new law..
4 August 2019
News CPJ takes arrest of Kabendera, Gwanda’s disappearance to SADC By MW Reporter in Dodoma Committee to Protect Journalists, an of the 39th Ordinary Summit of SADC independent non-profit organization that starting on August 17, in Dar es Salaam advocates for press freedom worldwide, Tanzania, says freelance journalist Azory he arrest of investigative expressed particular concern with Gwanda has been missing since 2017, journalist Erick Kabendera and Tanzania, whose president, John Magufuli, and the government failure to provide the disappearance of freelance journalist Azory Gwanda have is the incoming chair of the SADC, and accountability in his case has had a chilling Tbeen raised with the Presidents of Southern where journalists operate in a very hostile effect on the local media. African Development Community (SADC) environment Just last month, CPJ pointed out, member states. The letter signed by Robert Mahoney, Erick Kabendera was arrested and charged Deputy Executive Director of CPJ on In a letter to the Executive Secretary Continues on page 6 of the SADC, Dr. Stergomena Tax, the August 15, 2019 and delivered ahead
The 39 SADC Summit in session in Dar es Salaam.
5 Media Council of Tanzania Newsletter April 2019
News CPJ takes arrest of Kabendera, Gwanda’s disappearance to SADC summit and arrests, especially while covering challenges. In fact, SADC member states From page 5 with economic crimes in retaliation for his protests and elections or reporting on have been catalysts for the development critical journalism. He remains behind bars. powerful individuals. of press freedom in Africa, and around the In addition, CPJ noted in the letter • In Zambia, journalist Derrick Sinjela is world. Consider that May 3, the date of the that suspension of media outlets has been serving 18 months in prison for contempt 1991 Declaration of Windhoek—in which taking place in Tanzania to silence critical of court in connection with his reporting African journalists affirmed that the "free media. on the country's Supreme Court. press is essential to the development and Through new regulations, Tanzania • In Mozambique, journalist Amade maintenance of democracy in a nation, has also set impossibly high barriers for Abubacar remains in legal limbo after and for economic development"—later bloggers to operate while seeking greater his arrest in January; he spent 108 days became the day on which the global media control of what citizens can say online. in pre-trial detention in connection with community commemorates World Press Through new regulations, Tanzania his reporting on the insurgency in Cabo Freedom Day. has also set impossibly high barriers for Delgado before he was provisionally CPJ maintains that Press freedom bloggers to operate while seeking greater released, and has yet to hear whether he is essential to ensuring sustainable control of what citizens can say online. will be formally indicted despite his pre- development, peace, and the enjoyment The letter urged the SADC’s Executive trial investigation concluding in July. of human rights, and the SADC can and Secretary to prioritize press freedom and • In Lesotho, a military spokesperson should be at the forefront of protecting the safety of journalists within the region. in late 2018 threatened an investigative and promoting press freedom in Africa and CPJ reminded that the SADC treaty journalist for articles she wrote on the world. commits member states to the principles demands for compensation by soldiers. It appeals to SADC to hold its member of human rights, democracy, and the rule of • During the South African elections in states to account on press freedom law. In addition, it said the SADC Protocol May, journalists faced online harassment violations. “ The 39th Ordinary Summit on Culture, Information and Sport provides and cyber-bullying. of Heads of State and Government is a that member states should "take necessary • In the run-up to the Comorian prime opportunity for SADC members to measures to ensure the development of elections in March, and in the crisis that raise the issues CPJ has documented with media that are editorially independent." followed, journalists were arrested and relevant states. We urge SADC member However CPJ points out that, despite newspapers were censored. states at the Summit to recommit to press these commitments, CPJ has documented a freedom, and call for the release of all imprisoned journalists and the protection deeply troubling erosion of press freedom Media suspensions and in several member states, including attacks of free and independent media in the shutdowns region”. on individual journalists, media suspensions, In Tanzania and Zambia, authorities have CPJ would welcome an opportunity internet shutdowns and restrictive used media suspensions to pull critical to discuss this further with the SADC legislation. media outlets from the newsstands and the secretariat, as well as representatives of Many of these threats intensify ahead airwaves. member states. of and during elections. More than half of During elections in late December The letter is copied to Angola, President the SADC member states are expected to 2018, authorities in the DRC blocked the João Lourenço, Botswana, President hold local and national elections by the end signals of at least two broadcasters. Partial Mokgweetsi Masisi, Comoros, President of 2020. and complete internet shutdowns in the Azali Assoumani, Democratic Republic SADC's principles and guidelines for DRC and in Zimbabwe have strangled the of the Congo, President Félix-Antoine democratic elections require governments flow of information during politically tense Tshisekedi, Eswatini, Prime Minister to "foster transparency, freedom of the periods. Ambrose Dlamini, Lesotho, Prime Minister media" and "access to information by all Restrictive legislation Tom Thabane, Madagascar, President citizens." Criminal defamation, sedition, and Andry Rajoelina, Malawi, President Peter Therefore, member states must ensure secrecy laws—many of them vestiges of Mutharika, Mauritius, Prime Minister a free press so that journalists can work the colonial and apartheid eras—have been Pravind Kumar Jugnauth, Mozambique, freely and safely and citizens can access used to target critical journalists and media President Filipe Nyusi, Namibia, President reliable information and make informed outlets in Namibia, Zambia, Botswana and Hage Geingob, Seychelles, President decisions. the DRC. Zimbabwe and Lesotho have Danny Faure, South Africa, President Other SADC member countries where recently struck down criminal defamation Cyril Ramaphosa, Tanzania, President John journalists’ rights to work freely are laws and we urge member states to follow Magufuli, Zambia, President Edgar Lungu trampled upon are as follows:- this example. and Zimbabwe President Emmerson • In the Democratic Republic of Congo These are difficult but not intractable (DRC), journalists have endured assaults Mnangagwa.
6 August 2019
News moved between police stations several times during his interrogation. The manner of his arrest and detention suggests retaliation that seeks to silence his critical reporting, including on divisions within the ruling party, CPJ pointed out in the letter. On Gwanda , CPJ said he also worked as a freelance journalist, based in the Coast Region. He went missing on November 21, 2017, in the company of unidentified men believed to be security personnel. Prior to that, Gwanda chronicled mysterious killings and abductions, including of ruling party officials and police officers. Despite calls for an investigation from his family, Tanzanian media and civil society and United Nations experts, there has been no credible accounting for his fate. Instead, officials have sent mixed signals about their knowledge of his whereabouts while stonewalling about progress in the investigation. The CPJ letter also referred to remarks made in a July interview by Foreign Minister Kabudi claiming that Gwanda was one of many people who had “disappeared and died” in the Rufiji region. Although Kabudi later said his comments were taken out of context and he did not know Gwanda’s fate, his comments are deeply troubling and underscore the urgent need to investigate what has happened to this journalist. CPJ emphasizes that these cases strike fear in the local media community and have the potential to President John Pombe Magufuli at the Dar es Salaam SADC summit. exacerbate a culture of self-censorship, as journalists retreat from critical reporting for fear of facing a similar fate. They are also emblematic of the rapid deterioration of press freedom in Tanzania, which …CPJ writes has included the suspension of media outlets on specious allegations, restrictive regulations and legal harassment of journalists, as CPJ has documented. The CPJ in the letter underscored that public commitments that Tanzania has made to press directly to freedom will remain empty words without urgent action. It reminded President Magufuli that the goals that his government has set for itself, including President Magufuli rooting out corruption, cannot be fulfilled without By MW Reporter Defend Media Freedom Conference in London, a press that is able to operate independently, safely, Foreign Minister Palamagamba Kabudi affirmed that and without fear of retaliation. Tanzania government wants to facilitate investigative We therefore urge your government to kin to holding the bull by the horns in the journalism and ensure that journalists are protected immediately free Kabendera and drop all charges saga involving investigative journalist Erick against any actions, persecution or impunity. against him, and ensure that Gwanda’s case is Kabendera, the Committee to Protect Allowing Kabendera to return to his work, and investigated thoroughly and the findings made public, Journalists (CPJ), an organization that taking Gwanda’s disappearance seriously, would be CPJ added. Aadvocates for press freedom worldwide wrote directly important step toward fulfilling these pledges, CPJ CPJ also said it would welcome an opportunity to President John Pombe Magufuli. emphasized in the letter. to meet representatives of the government to CPJ in letter on August 12, 2019 asked the Kabendera was taken forcefully from his home discuss these concerns. President to drop charges against freelance on July 29, 2019, and denied access to a lawyer for The letter is copied to Foreign Minister Prof journalist Erick Kabendera and provide a public more than 24 hours. Police initially claimed they Palamagamba Kabudi, Information Minister Dr. accounting of the fate of missing journalist Azory were investigating Kabendera’s citizenship. Harrison Mwakyembe and Chief Secretary in the Gwanda. However, days after his arrest prosecutors Presidency Ambassador John William Kijazi. In In the letter by its Executive Director Joel switched tracks and charged him with economic an earlier statement released a few days after Simon, CPJ recalled that just last month at the crimes, for which he cannot qualify for bail. He was Continues on page 8
7 Media Council of Tanzania Newsletter April 2019
News Another investigative journalist arrested Executive Secretary, Kajubi Mukajanga said it was By MW Reporter satisfied that Gandye had followed all journalistic norms, including interviewing the workers of the factory where he had received the news item. ardly a month has passed, another investigative The journalist had also interviewed the police, journalist has been arrested by Police in the doctors at Mafinga, owners of the Hong Wei course of discharging his duties. International Company and had used documents and Joseph Gandye, the Production Editor H witnesses of the alleged offence where suspects under and Associate Editor of Watetezi Online TV was duress were ordered to engage in acts of sodomy with arrested by the Police on August 22, 2019 following the one another. broadcast of a story alleging police brutality of suspects In this regard MCT is dismayed by the police for while in their custody. arresting the journalist who had adhered to requisite Gandye’s arrest comes in the heels of the arrest of Joseph Gandye professional requirements before reporting the incident. another investigative journalist Erick Kabendera, which Meanwhile, the Tanzania Human Rights Defenders The Council has urged security organs to stop attracted protests from media and rights bodies locally Coalition (THRDC) has condemned the arrest of arresting journalists in course of discharging their duties and internationally. Kabendera has since been”slapped’ journalist Gandye and has appealed to the Police to and instead they should cooperate with them. with economic crimes charges in court and remains in adhere to all rights accorded to a suspect, not to be “Journalists who exposed vices are friends of the remand prison. He was arrested on July 29, 2019 from tortured or harassed. THRDC has emphasized that the people and security officials, they are not enemies”, his home in Mbweni, Dar es Salaam right to bail should be granted as the offense that led to Mukajanga emphasized in the MCT statement. The Media Council of Tanzania (MCT) has the arrest of Gandye is bailable. In earlier remarks, Mukajanga said it is quite condemned the arrest of journalist Gandye and views Investigation should be conducted on humiliation unfortunate that those who practice real journalism are it as a continuation by police to block scribes from and human rights abuses committed against the arrested and continually harassed. implementing their basic responsibilities of collecting suspects at that police station, THDRC said in “What sort of journalism do they want? There information and informing the Tanzanian public. its statement to the public signed by its national is propaganda and praising…which is not serious and MCT, in its statement issued by the Council Continues on page 10 credible journalism,” Mukajanga said. …CPJ writes directly to Magufuli From page 7 regional weekly The East African covered alleged president”, IPI Director of Advocacy Ravi R. Prasad Kabendera’s arrest, CPJ called on Tanzanian divisions in Tanzania's ruling party, Chama Cha said, referring to Kabendera’s critical coverage of authorities to immediately release him dismissing Mapinduzi, amid alleged plots within the party to Tanzania President John Magufuli. IPI said Press the official ruse investigating his citizenship status. block Magufuli from running for a second term. freedom in Tanzania under the present government One of Kabendera’s relatives, told CPJ when Press freedom has drastically deteriorated in has suffered a huge backslide. Several newspapers, police went to the journalist’s house, no summons Magufuli's Tanzania. CPJ has documented the use of radio and television stations and news websites was issued and they believe the arrest is in suspensions, restrictive legislation and intimidation have faced bans ranging from a few weeks to several retaliation for Kabendera's journalism, which has to muzzle journalists. years under disproportionate laws. been unflinching in its assessment of President John The freelance journalist Azory Gwanda went Earlier this year, the East African Court of Magufuli's government. missing in 2017 and the government has yet to Justice ruled that some of the provisions of the "This rehashing of discredited claims about Erick provide a credible accounting of his whereabouts. Media Services Act, the primary regulation used to Kabendera's citizenship appear to be nothing more When asked about Gwanda on July 30, the Dar es suspend media organizations, violated fundamental than a ploy by the Tanzanian authorities to justify Salaam Special Police Zone commander Lazaro rights. During an IPI mission to Tanzania in April, their actions after public outcry over the manner Mambosasa told journalists that he could not the government committed to working with the in which the journalist was detained," said CPJ provide details because it was necessary to keep journalist community to revise the Act. However, Sub-Saharan Africa Representative Muthoki Mumo. investigations "secret" to protect evidence before retaliatory measures like the arrest of Kabendera "Kabendera should be released immediately and it was brought to a court. The International Press cast doubt on the government’s sincerity to amend this sham of an investigation terminated. Tanzanian Institute (IPI) vehemently condemned the arrest relevant legislation and uphold press freedom. authorities must stop harassing their critics." of noted journalist Kabendera in Tanzania and Kabendera was arrested on July 29, 2019 Kabendera has reported for several regional demanded his immediate release. after plain clothed police surrounded his house at and international publications, including the British “The detention of Erick Kabendera is Mbweni. Initially his cell phone communication was newspaper The Guardian and the website African unacceptable and reprehensible. It is an attempt cut off, before the police moved to arrest him in a Arguments. His most recent reporting in the to silence a journalist who is critical of Tanzania’s manner that attracted suspicion.
8 August 2019
News
The Executive Secretary of the Media Council of Tanzania (MCT), Kajubi Mukajanga speaks at a press conference during which three media bodies, MCT, Tanzania Editors Forum(TEF) and the Union of Tanzania Press Clubs (UTPC) in collaboration with the Tanzania Human Rights Defenders Coalition (THRDC) jointly came out with a strong statement challenging the now common trend of arbitrary arrests. Others From left is the Acting chairperson of TEF, Deodatus Balile, 3rd is the National Coordinator of THRDC, Onesmo Olengurumwa and right is the President of UTPC, Deogratius Nsokolo. immigration status for the second time. Likewise the Immigration Department has not issued any statement on the investigation it carried after Kabendera was arrested, instead they handed him over to the Police while seemingly his Adhere to the citizenship is no more an issue. The main challenge is that up to now, the department has not declared Kabendera as a bona fide citizen while still holding his passport and dictates of law, those of members of his family. The Police are also accused of flouting section 32(1) of the Criminal Procedure Act for delaying to charge suspects in court in accordance to stipulated time by law – that is within 24 hours Police urged after his/her arrest. By MW Reporter in Dodoma of THRDC, Onesmo Olengurumwa, the Vice The procedure requires the suspect to be given Chairperson of TEF, Deodatus Balile and the bail and in case investigation on the offences he/ he Police Force has been urged to adhere President of UTPC, Degratias Nsokolo in their she is accused of are not completed within the to the dictates of the law in arresting and statement cited the Criminal Procedure Act 1985 specified time frame, then the suspect should be detaining suspects. Cap 20 R.E 2002 which stipulates procedure for committed to court as soon as possible to seek T Three media bodies – the Media arrests, detention and charging of suspects. bail. In the case of Kabendera, the police did not Council of Tanzania (MCT), Tanzania Editors Forum They said the Police had contravened the afford him opportunity to meet neither lawyers (TEF), Union of Tanzania Press Clubs (UTPC) law in apprehending investigative journalist Erick during his arrest and subsequent interrogation as and Tanzania Human Rights Defenders Coalition Kabendera. Section 23 of the Criminal Procedure law stipulates nor members of his family. (THRDC) said in a joint statement released on Act, requires the suspect to be informed of the The statements also pointed out that section August 11, 2019 that it has become common reasons of the arrest but he was not told anything 54 of the Criminal Procedure Act providing the practice by the police to apprehend people than simply that he was being taken to police right to the accused to access legal counseling without giving them reasons and in most cases the station and that was after his neighbours asked was also contravened as Kabendera was initially suspects are held in undisclosed locations. where he was being taken to. interrogated in the absence of his lawyers or close The suspects cannot be reached by lawyers or Reasons for his arrest were spelt out at a press relatives, contrary to legal proceedings. members of their families for so many days as the briefing several days later. This right could not be fulfilled as his lawyers police want, leaders of the five bodies said in the “This is not the correct legal procedure. The and relatives did not know the place where statement read at a press conference held at the suspect was supposed to know the reasons for his Kabendera was being held by the police. MCT boardroom. arrest and detention at a police station. When he The way Kabendera was apprehended, the The Executive Secretary of the Media Council was arrested on July 29, 2019, the police neither Continues on page 10 of Tanzania, Kajubi Mukajanga, the Coordinator gave reasons for the arrest nor for questioning his
9 9 Media Council of Tanzania Newsletter April 2019
News Adhere to the dictates of law CPJ asks Police From page 9 statement. statement pointed, indicated that the police were They cited recent remarks by the Chief convinced he was guilty even before he appeared Justice Professor Ibrahim Juma, who advised that to immediately in court, which is contrary to article 13(6)(b) people should not be arrested if investigation has of the Constitution of the United Republic of not reached advanced stage. Tanzania which prohibits the assumption for “Charges against Erick were changed at last free journalist any individual accused of criminal offence, to be minutes. The question is did the authorities had considered to have committed that offence until enough time to conduct investigation and charge he is found guilty. Another thing which was unfair him for these serious crimes, which were not the Gandye By MW Reporter to Kabendera was the deliberate intention of initial offences when he was arrested?” forcing to impose charges which were not the During this period when the international he Committee to Protect basis for his arrest. When Kabendera was first community is closely following issues of human Journalists(CPJ) has joined in the arrested and interrogated he was suspected of rights abuses in the country, Kabendera’s arrest fray to express concern over the his immigration status, and accused of sedition has tainted the image of our country. Many arrest of investigative journalist TJoseph Gandye. and lies before he was sent to court to face three embassies have issued statements expressing other charges – money laundering, failure to pay their dismay on the human rights abuses and In a statement released on August 23, 2019 CPJ tax and to be part of organized crime network. the treatment of suspects like Kabendera who appealed to the Tanzanian police to immediately release The charges were changed within five days are denied of their basic rights before being Watetezi TV journalist Gandye and ensure he is returned of his arrest. The statement pointed out that sent to court. Responding to questions from safely to Dar es Salaam. the laws on economic sabotage and money reporters, Olengurumwa of THRDC said “we The CPJ Sub-Saharan Africa Representative Muthoki laundering are oppressive and are now frequently are not against arresting suspects… what we are Mumo said in the statement that "journalists should be free used to deny the right of the accused persons to insisting is that the law must be adhered to”. to investigate allegations of wrongdoing without fear of bail and even to be timely heard in courts. The arrest of people should be orderly, being questioned or detained themselves, especially not by “It is against human rights to arrest someone he said and warned they should not be simply the very police on whom they have reported critically." while initial investigations are not substantive “plucked” by unknown persons and disappear Gandye was arrested on August 22, 2019 on for conviction. These offences make people as the case of Azory Gwanda the freeelance allegations that he had reported critically on the police, languish in remand prison for many years without journalist of Mwananchi Communications, who alleging they had abused other detainees. their cases being heard”, the four leaders of has disappeared since he was abducted by Police summoned Gandye, a production editor and MCT, UTPC, THRDC and TEF said in the joint unknown people on November 21, 2017. reporter with Watetezi TV, to appear at Urafiki police station in Dar es Salaam, where they questioned him in the presence of his lawyer about his reporting, according to a statement from the Tanzania Human Rights Defenders Another investigative journalist arrested Coalition, a non-governmental coalition that owns Watetezi From page 8 Twitter and You Tube Channel). TV. Police said they arrested Gandye on suspicion of coordinator, Onesmo Olengurumwa. In the incident, is alleged the six suspects publishing false news in contravention of the Cyber Crimes The statement also pointed out the importance (confidentiality is observed) were arrested by the Act, according to a Facebook post from the coalition. Under of letting journalists perform their activities without police force on 19th May, 2019 and detained for Tanzania's Cyber Crime Act, persons convicted of publishing frequent arrests. Gandye was arrested on 22nd about 10 days at the police station in Mafinga, where "false, deceptive, misleading or inaccurate" information face a August, 2019, after receiving a call from a police officer allegedly they were beaten and forced to commit minimum of three years in prison and/or a fine of at least 5 who identified himself by the name Godfrey Mkude, sodomy against each other in front of police officers million Tanzanian shillings (US$2,174). who wanted the journalist to go to Urafiki police during interrogations. After Watetezi TV issued its first In an August 17 report by Watetezi TV, Iringa police station for an interrogation. report on the cruelty on 9th August, 2019, the police commander Juma Bwire said that following an investigation After his statement was taken before Advocate force in Iringa via the Regional Police Commander police concluded there was no evidence of abuse. Bwire Jones Sendodo, his bail application was rejected on (RPC), ACP Juma Bwire, denied the report and told CPJ via phone that the journalist was being questioned the grounds that his arrest order came from Iringa claimed that it was sedition that aims at degrading the to clarify discrepancies between his reporting and medical and that Urafiki police station is just having him under police force and defame the government in general. reports into the detainees. He asked CPJ to call back later temporary custody until he is transferred to Iringa for According to the THRDC statement, Gandye is for further information. When CPJ called later today, no further procedures. the journalist who reported on the pupil, Hosea one answered and Bwire did not immediately respond to On 17th June, 2019 Watetezi TV (an online Manga, who was punished by a teacher until his text messages. CPJ called Tanzania Police Commissioner media) reporters received a report on degrading acts vertebrate was broken in Njombe region. He also Simon Sirro but he did not pick up his phone and did not towards suspects at Mafinga police station in Iringa reported about the police injustice in Loliondo and immediately respond to text messages about Gandye's region. through the report at Watetezi TV, the Minister for arrest. Dar es Salaam Police Chief Lazaro Mambosasa told After receiving the report, journalist Joseph Home Affairs, Kangi Lugola, was able to follow up the Bloomberg that he did not know about the incident. CPJ has Gandye travelled to Iringa to keenly investigate on the issue and act on it. documented a deterioration of press freedom in Tanzania matter and on 9th August, 2019, Watetezi TV reported Joseph Gandye is also a producer of human rights in recent years. The freelance journalist Erick Kabendera the incident on police brutality at Mafinga police classes programme aired live every Friday at 16:00hrs has been detained since July 29 and authorities have yet to station in Iringa region on its platforms (Facebook, from Watetezi TV Studios. provide a credible accounting of the fate of Azory Gwanda, who has been missing since 2017.
10 August 2019
News
recommendation made by the Chief Justice, Prof Ibrahim Juma on carrying out investigation first before suspects are arrested. They also said the law must state explicitly that after a certain period if an investigation of alleged committed offence has not been completed, the case must be dismissed. Kajubi Mukajanga the Executive Secretary of MCT, Onesmo Olenguruma the National Coordinator of THRDC, Deogratias Nsokolo the President of UTPC and Deodatus Balile Vice Chairman of TEF also appealed in their joint statement that bail conditions should be eased to give concessional conditions for the accused to access their rights for bail. The National Assembly, they suggested should enact legislation to allow all offences to be bailable. The judiciary should be vested with the authority to give bail and that our laws should not prevent bail but the courts should be able to determine bail conditions depending on the environment and magnitude of the case. It was also suggested that a system of evidential hearing where the police would initiate a process of hearing evidence before a court and suspect would defend himself/herself and if the court is convinced that the suspect has a case to answer then it orders the suspect to be arrested. This system, it was argued, would help reduce the time the police spend on investigations while the accused is denied his basic rights of not guilty The Dar es Salaam Special Police Zone Commander, Lazaro Mambosasa, speaks after until convicted and if evidence is complete it the arrest of Investigative Journalist Erick Kabendera which attracted wide-criticism. would also expedite completion of the case and justice would be delivered. In the case of Erick Kabendera, the investigative journalist whose arrest and indictment has stirred reactions from rights bodies and foreign embassies opposed to human rights abuse by ‘Arrests should authorities, the statement urged the government to come clean on his immigration status. It also cautioned that the issues of citizenship should not be used to silence Tanzanians who question basic national issues. be carried on Immigration officials have been asked to give back Kabendera’s passport and those of his wife and children if they failed to established that he is not a citizen of Tanzania. The Police should adhere to laws of the land completion of in apprehending suspects ensuring they have access to lawyers and the close relatives, the statement said. An appeal has also been made to practicing lawyers to take steps against the legislation investigation’ on money laundering and economic sabotage By MW Reporter and that all offences must be bailable. especially on the question of bail. Three media bodies – the Media Council of At this juncture where the government, suggestion has been made for the Tanzania (MCT), Tanzania Editors Forum (TEF) through the Constitutional and Legal Affairs Police and other justice dispensing and Union of Tanzania Press Clubs (UTPC) and Ministry, is reviewing the Justice and Criminal organs not to arrest suspects before Tanzania Human Rights Defenders Coalition system, the overriding powers bestowed to the investigations are completed in order (THRDC) said in a joint statement released DPP should be challenged especially on exhibits Ato reduce the time they spend in remand prisons on August 11, 2019 they fully support the and evidence in such cases.
11 Media Council of Tanzania Newsletter
Procedures
Complaints Procedures 1. Since one of the Council major objectives is to reconcile and mediate between journalists or media institutions on the one hand, and members of the general public and other institutions on the other, complainants must, before complaining to the Council, first ensure that all avenues and possibilities of reconciliation have been explored to no avail.
2. All possibilities of reconciliation will not have failed if complaints will not have been allowed to pass through relevant institutional channels. For example, a complaint has first to go to the editor, then chief editor, managing editor, managing director, publisher of chairman whichever is applicable at a given media institution. Some complainants having failed to agree with authors of the stories (reporters) being disputed, they decide to file complaints, directly to the Council, ignoring higher authorities which are in fact better placed to settle such disputes.
3. Ensure that at the time of filing the complaint, the story being disputed was published or broadcast not more than 12 weeks from the date of publication or broadcast a per Council Rules of Procedure (Section 10.1).
4. Because mediation is one of the basic pillars of the Council, the Council cannot help complaints whose express purpose (of complaining to the Council) is to get money. Money awarded to complaints in terms of fines from respondents is only a result of mediation, not the basis of filing complaints in the Council. Therefore, the Council advises any would-be complainant whose purpose of coming to the Council is to get money to take their cases to the courts to law.
5. Complaints filed in the Council must be in writing and must be accompanied by evidence annexed to prove particular allegations of facts.
6. Complaints to the Council must also state what remedy the complainants want from the Council. For example, a complainant might demand an apology to be printed on the front-page of a newspaper, or broadcast on prime time of a radio or television programme, or money to defray costs incurred (by the complainant) in the process of filing the complaint, etc.
7. If the complainant is not satisfied with the Council settlement, he/she can resort to court action. However, evidence adduced during the settlement shall not be reproduced in court, in which case, the Council can be called as ‘Amicus Curiae’
12 August 2019
News
messages asking authorities to free Kabendera. “They have done a great thing which reflects that the awareness of Tanzanians on social media is increasing day by day”, Zitto said. Kabendera, a prominent investigative journalist was arrested at his home in Mbweni, Dar es Salaam on July 29, 2019 and held by the Police until August 5, when he was charged with economic sabotage, tax evasion and money laundering. He is remanded in custody as his charges are not bailable according to the laws of Tanzania. Writing on his twitter account, former Foreign Minister, Bernard Membe urged the Government to Free Erick Kabendera. “I join his mother and many Tanzanians to raise my voice pleading with the Government to free Erick without conditions. Tanzania is a big country Former Foreign Minister, Benard Membe ACT Wazelendo Party leader, Zitto Kabwe and one of the qualities of big countries is to maintain justice and embracing press freedom,” Membe tweeted. In an interview with the German broadcaster, DW, the Executive Secretary of the Media Council, Kajubi Mukajanga on August 6, said the Freedom of press way the journalist was arrested and charged lacks credibility. Initially the police denied to have arrested him, then they changed that version admitting to be holding him. lockedBy MW at Reporter Segerea? are charges against journalism. As for the charges, they first said they were “They are charges against alternative holding for suspicion over his Tanzanian citizenship s freedom of press held at the Segerea thinking. They are charges against freedom of status, later they claimed he was being held for remand prison? Yes, that is what the Kigoma the press. It is not Erick who is at Segerea but its cybercrimes, the accusation that again changed to Urban Member of Parliament and leader of freedom of the press in the noose. sedition and finally they charged him in court with the opposition party ACT Wazalendo, Zitto “We should continue to fight to free Erick and unbailable economic sabotage crimes. It appears KabweI asserts. that would be akin to freedom of the press being they arrested him first and later sorted out what In a whatsApp message Zito Kabwe said for free”, Zitto said. charges to press against him, Mukajanga said. Erick Kabendera to be at Segerea (prison) is like He said he had been comforted by the August “These laws are bad, and we are reacting now freedom of the press being at Segerea. 6, 20189 12 noon to 2 pm #100K4Erick campaign after one of us (journalists) has been arrested, he Zitto said the accusations that Erick is facing during which twitter account holders sent said. IPI emphasizes to President Magufuli the rights of journalists to report By MW Reporter journalists in Tanzania are not arrested for doing August 24 on a charge of publishing “fake news” and was their job and those in prison are releasedimmediately”, released a day later. he International Press Institute (IPI), a the IPI Advocacy Director implored the President. The IPI letter reminded that during a visit by IPI global network of editors, media executives Over the past month at least three journalists delegation to Tanzania and the meetings with the and journalists has written to President have been arrested by the security forces on different honourable Minister of Information in April, the institute John Pombe Magufuli telling him that in charges and held in detention for long periods because was encouraged to see the government’s commitment aT democracy, journalists have the right to report of their work. On July 29, police arrested journalist Erick to press freedom and to improving quality of journalism on issues that are important for the citizens of the Kabendera over the question of his citizenship and later in the country. However, Prasad noted in the letter that country. changed the charges to money laundering. they are now concerned that these arrests undermine The Letter by Ravi R. Prasad, IPI Director of Kabendera is a well-respected journalist, who has that commitment. Advocacy, dated August 28,2019 said elected politicians written for esteemed publications around the world. “Your excellency, we believe that there is a need for and governments are subject to a high level of scrutiny His arrest has evoked condemnation from several your direct intervention ordering the police to refrain and they should be prepared to tolerate criticism and government and press freedom organizations. The arrest from arresting journalists and to secure their release. not engage in retribution. has damaged Tanzania’s reputation as a democratic Your support can enable their unconditional release The detention of journalists in Tanzania, IPI said nation that promises to uphold democratic values from detention and demonstrate to the international has led the international community to believe that and human rights. On August 24, journalist Haruna community that Tanzania values the protection of human these are acts of retaliation by the ruling party for their Mapunda was arrested by the police in Temke district rights”, IPI added The IPI expressed readiness to use reports criticizing the government. in Dar-esSalaam while he was covering a meeting of the its network to work with Tanzanian government to help “On behalf of IPI members I am writing to you with opposition Alliance for Change and Transparency party. create an environment in which quality journalism can the request to use your good offices to ensure that Another journalist, Joseph Gandye, was arrested on flourish in Tanzania.
13 Media Council of Tanzania Newsletter
Book This is a must read book for all journalists – from reporters to editors to be able to understand statistics and how to use them accurately.
14 August 2019
News
challenged by applicant’s counsel pointing that the applicant’s affidavit contained true facts though agreeing there were some inconsistencies. The court noted that the alleged lies are matters needing proof adding that unless one is accorded opportunity to substantiate, no justice is expected out of it. The second point of preliminary objection was also overruled. As regards the third point, the argument by the State Attorney that the application was incurably defective for lack of verification clause rendering it unreliable in law, the attorney for the applicants pointed that the state attorney did not point out the exact paragraphs which have not been verified and urged the court to overrule it. In the ruling the Court pointed out that straight forward all paragraphs in the verification clause have been verified – citing the ”verification – I, Boas Moses, do hereby verify that all that is stated in paragraphs 1,2,3,6,7,8,9,11 and 12 are true to the best of my own Principal Judge Eliezer M Feleshi knowledge save for contents on paragraph 4 and 5 that I have been told by Mr. Godfrey Dilunga and stated in his affidavit duly attached to my affidavit, the contents of which I verily believe to be true.” The court said it did not see Raia Mwema any point how the said verification clause can be defective as the state attorney said and thereby finds no basis for the preliminary objection and overruled it for being non meritorious in law. newspaper gets the The court also found the fourth preliminary objection to be devoid of merits as well. The preliminary objection claimed that application is incompetent as it fell short of the prerequisite conditions in seeking leave for judicial review. nod to challenge ban However, the Court declined to grant prayer on By MW Reporter Hearing of the Preliminary Objections was conducted suspension of the order by the first respondent banning in writing as counsel for both sides – the applicants and the publication of the applicants newspaper for 90 days n application challenging the Minister for respondents presented their arguments in written form. pending determination of the application on the basis that Information, Culture, Arts and Sports, the The points and arguments for the respondents were made the said days had expired way back in December 2017 Director for Information Services Department by State Attorney Erigh Stephen Mugisha and those of and secondary the applicant had not filed a substantive and the Attorney General for banning the the applicants were raised by Rugemeleza Nshala application for prerogative orders thus the order publicationA of Raia Mwema newspaper for 90 days has been Advocates. sought will have no effect. granted. After considering all arguments on the An earlier preliminary objection by the Principal Judge Dr. Eliezer M. Feleshi overruled four first preliminary objection on the issue of respondents that had argued that the preliminary objections raised by the respondents against the time, the court overruled that it should application was overtaken by events application filed on November 23, 2017. The suspension of have based on pure point of law. Regarding was overruled on December by Judge the newspaper was ordered to commence from 29th day of the second point of preliminary Zainabu G. Muruke who had ordered September, 2017. The applicants challenged the order issued objection, the State Attorney had argued hearing of the application to continue to ban the newspaper that it was contrary to the law on the that the affidavit of the application is on February 6, 2019. ground that the Minister is not vested with such powers. incurably defective for containing lies or However, she was transferred to The four preliminary objections which were advanced untrue statements, a position that was another station and the application was by the respondents were as follows-: reassigned to Principal Judge Feleshi. The application is hopelessly time barred. The affidavit in support of the application is incurably defective. The statement in support of the application is incompetent for containing lies and for want of verification. The application is incompetent as it falls short of the prerequisite conditions in seeking leave for judicial review. In his ruling on July 26, 2019 in the presence of Dr. Rugemeleza Nshala, advocate for the applicants and Ms Janeth Makondoo, Senior State Attorney for the respondents, Judge Feleshi said all the four raised preliminary points are non meritorious in law and are hereby overruled. The four Preliminary objections were raised by the respondents on 16th and 24th May, 2019. Advocate Rugemeleza Nshala
15 Media Council of Tanzania Newsletter April 2019
Analysis Regulatory bodies will bury free press By Gervas Moshiro institutions, research and consultancy and which contribute private or communities. Media practitioners or journalists on to the development of a film and video industry as a way the other hand are independent individuals who are engaged of nurturing talents and documenting Tanzania’s history and by those entities upon their ability to produce media products. ecently the Minister for culture”. My opinion here is that the government should not have a Information, Culture, Arts and After issuance of the policy, many stakeholders were of direct relationship with media practitioners as professionals, Sports Dr. Harrison Mwakyembe the opinion that the document propounded very progressive but the body formed by the profession itself should be the one announced that his main views and that if the recommendations were implemented, responsible in matters of skills and ethical conduct. preoccupationR this financial year would then justice would have been done to Article 18 of the Agitation for the current law started way back in the be to set up the statutory bodies spelt Constitution guaranteeing freedom of expression, hence free 80s when the Newspapers Act was lamented to suppress out in the Media Services Act, 2016. Part press. For some of us who were advocates of the policy then, freedom of the media. The campaign heated up in the 90s III of the Act, is headed: ‘Establishment of what mattered most was to create an environment that would where the media succeeded in establishing an independent the Board of Accreditation’ to oversee enable the information and broadcasting spheres to serve the industry owned media council and also had the obnoxious two important functions: Accreditation people in accordance with their wishes as propounded in the news agency monopoly law repealed and opening of the of Journalists and Media Training Fund. constitution of the country and other international covenants, airwaves to private broadcasters. Media training programs at In Part IV there is establishment of the especially the UN Declaration on Human Rights. all levels were established and are now a common feature in Independent Media Council. Mwakyembe It took the government thirteen years to come up with colleges and universities. has therefore three institutions to the recommended laws in 2015 in the name of Access to The environment has continued to change. As media establish: the Accreditation Board, the Information Act, 2015 and the Media Services Act, 2016. The outlets increase and so is the demand for practitioners and Media Training Fund and the Independent regulations came two years later and it is now we are hearing also the expansion of institutions to train them. My contention Media Council. of establishment of the institutions that would make the is that the government should have nothing to do with Since enactment, the Media Services law has had a lot people enjoy the services of their information sector. journalism training because the trainers are many already and of opposition from media stakeholders, not that it is not I will not be surprised if some of the provisions in those in fact competing for students to join their courses. The spirit wanted in society, but the fact that these same institutions laws are declared dysfunctional because the environment – should be to encourage media training by whoever qualifies to Mwakyembe is required to establish today, would add salt to technologically, economically and philosophically has changed do so, but not to get the government involved directly as the injury. Already there is the Information Services which has so much so that it needs another set of prescriptions to be law implies (Article 13). The most capable institution - private tight grips on print media – licensing and accreditation of fruitful. My discussion is based on this premise – that we need or public will win the competition by churning out well trained practitioners, the Tanzania Communication Authority does the a different approach in order for the public to benefit from the journalists following the rules of market forces. same to broadcast and online media. The torture is augmented envisioned institutions. Education of journalists is not a problem. It used to be so by numerous other provisions in other laws that affect media The Journalists Accreditation Board is one of those in the past but not now. I am sure there are many journalism practice in the country. institutions the media argue that it is unnecessary because graduates in the streets right now looking for jobs. Already, Over the past five years, we’ve read a lot of the pitfalls the functions spelt out have been there for decades and through efforts of the current Media Council of Tanzania of the Media Services law that included a court ruling that performed by the directorate of information. Infact a small (MCT), the curriculum for tertiary training of journalists demands revision of some of the obnoxious clauses of the act. unit within the directorate would suffice the purpose and not is competence based, ensuring those leaving colleges are I need not repeat them. The following are my views on what a full-fledged Board replete with the bureaucracy and pomp professionally competent. Efforts have been expended to bring minister Mwakyembe will soon embark on. that is characteristic of such entities as witnessed in bodies of on board university training to adopt the competence based A good law is guided by the spirit of the sector policy other sectors. mode as well. or what is commonly known as the vision. After the laws, At one time the country, during the government of However, like all other professions, training is endless. regulations, directives and administrative initiatives, what would President Julius Nyerere, lots of public corporations and The changes in technology, new discoveries, service delivery be the impact on the society? In the introductory chapter of boards were vogue and monopolised service delivery to the strategies, changes in taste, specialized content and others the policy published by the Information Services, October public. They became a big burden some years later in the 1990s – all need re-training of the journalist to cope with practical 2003, it is stated: “The vision of this Policy is the existence of and had to be dissolved. Now they are coming back through requirements. Here is where a close alliance is needed strong, diverse and pluralistic media, with ownership in public, boards, authorities and others. This is bandwagon syndrome between training institutions and the professional body private and community hands, and which are guided by a high we need not have in the information sector. Not everything overseeing the development of the profession. degree of professional and social ethics contributing effectively that is written in a statute needs to be implemented, especially Since the MCT was established in the mid-nineties until to the National Development Vision 2025”. if discovered that it is more detrimental to the wellbeing of today and also the Tanzania Media Foundation (TMF) until the people. After all, laws are amended or reviewed whenever recently, their main pre-occupation has been to re-train and The policy has not been reviewed despite the rapid there is need to do so. The government may have its own upgrade media practitioner’s skills in areas of competence. Very developments in the technology that is key enabler of reasons but my opinion is that it is a financial burden we are few journalists in this country have not benefitted from the information communication. The good thing about information creating during these austere economic times. training done under the auspices of these institutions. The TMF is that whatever the gadgets used to facilitate communication, As for minister Mwakyembe, he could be helpless went on further by giving grants that targeted sustainability and there have been many and varied over the years, what because he found the law enacted and now it needs to be initiatives and many outlets are now viable concerns. does not change is the value of information. That is why implemented. Still he has the power to summon consultation The main weakness of the MCT and TMF was to secure probably the public does not care much about the need from the industry and agree on modalities of setting up those sustainable local funding for the training and transformation for policy review so long as information reaches the people bodies. It is very legitimate for him to even revise the law if activities. Will the new fund be any better? whatever the means. deemed necessary for the sake of prosperity and wellbeing of The Board will also oversee the creation of a Media Is what Mwakyembe going to do anchored in the policy? the people. Training Fund. This facility will provide funds for training of The second paragraph of the policy vision states: The Director of Information licenses the media which media professionals, promote local content development “The Policy encourages establishment of training are independent entities owned either by the government, Continues on page 17
16 August 2019
Analysis Regulatory bodies will bury free press From page 16 Media will be fully commercialized, even the so called not for an automatic criminal offense under the law. programs and promote and contribute towards research profit outlets will have to adjust. They will need registration These fears do not support a professional culture, and development in the field of journalism and mass fees, yearly renewals, location transfer fees, change of and least of all the independence of the media. Without an communication. The fields for support are very noble particulars fees, requisition of performance reports, number independent media there is no democracy. Under Article 7(1) especially support to researchers, which is a field lacking of staff, tax clearance and other management aspects going the media have obligations without their rights also being in our profession. Grants, gifts, donations and sometimes beyond best practices in institutional regulation. spelt out as well to include the freedom to collect or gather contributions by media outlets are the main sources that have This is the system and no one denies it so long as it is fair information from different sources, freedom to process brought us to where we are. These sources dry up when the especially on the taxation front. To subject service delivery and edit information in accordance with professional ethics donor decides otherwise. It is a delicate route to take. to numerous taxes is to invite unconventional methods of governing journalists and freedom to publish or broadcast The new fund will have an added source: money getting those taxes, failure of which the service will have to news. appropriated by Parliament. Since there is no precedence to be curtailed. To continue in business means the consumer will This is all the freedom media needs, but which on the help me guess what the Treasury will disburse to the Fund, have to pay more for media services. ground is being denied and crashed. These rights are not I can only say that given the allocation trend, where even The average newspaper is 1,000 Tzs. I stay in Mbagala, mentioned anywhere in the act, further making it one sided local authorities are crying for funds for stalled development a not so rich portion of Dar es Salaam. I used to buy a without serving the interests of the public and the service projects, leave aside the big rising national debt burden, media newspaper every day but not nowadays, unless there are providers the public depend on. may be the last institution to attract any sympathy from the stories of real interest to me. I just do not have the money The media needs to sit with the government and agree government. I could be wrong, sometimes it depends on the for media consumption, the way it used to be, because my on what the freedom guaranteed under the law means. In influence of the person at the helm, in this case Dr. Harrison economy is down and so are the people around me. The news fact there is a lot to talk about once the three bodies are Mwakyembe. vender complaints that people have deserted him citing 1,000 established if the spirit of prosperity enshrined in the policy In 1989 and 1990 we had a minister for Information, Tzs. as too much. My prediction is that the online services and the law itself is to be achieved. Ambassador Ahmed Hassan Diria (Rip). Somehow he and social media that media and other communicators are I know minister Mwakyembe may be under a lot of convinced the government of the importance of information adopting may one day also become beyond the reach of many pressure to tame the media, but I am sure the same forces also and the sector was put under the President’s Office as a people due to taxation to be able to run the new bodies rely on him for guidance since they are not professionals. He priority sector for funding. Unfortunately the placement was stipulated in the law – Journalists Accreditation Board, Media should counsel them to overcome the element of fear when short lived, but for those who worked in the media then do Training Fund and the Independent Media Council. a journalist writes something negative about them. We sure remember the esteem, vibrancy and honor the media enjoyed. As is common practice, these fully fledged institutions could learn a lot about media culture from the Charter issued I know from experience that personalities matter when it will employ a convoy of bureaucrats with fatty and hefty by the Father of the Nation Mwalimu Julius Nyerere during comes to lobbying resource allocation. remuneration packages. It is an extra expense on government take-over of the Standard newspaper in 1970. Some excerpts: The other institution that will be set up is the coffers and the pockets of media practitioners. To maintain the “The new “Standard” will give general support to the Independent Media Council. The description in the law echoes regulators, taxes and other charges are going to be kept high policies of the Tanzanian Government, but will be free to exactly what the voluntary media council, MCT, has been doing and these will be uploaded on to the media user and that is join in the debate for and against any particular proposals since inception. There are some slight differences though here why we may see fees being charged in areas that are a taboo in put forward for the consideration of the people, whether and there, but the functions are the same. independent media industry circles of democratic countries. by Government, by Tanu, or other bodies. Further, it will be Membership will be mandatory for any person accredited Democracy is here to stay and my prediction is that free to initiate discussions on any subject relevant to the doing media work regardless of the outlet. This I think is good, the government will find out that it would better be served development of a socialist and democratic society in Tanzania. because the profession is one and the people we are serving by consulting and letting the media industry do some of the It will be guided by the principle that free debate is an essential are one (the same). This is a way also of opening up the funding regulatory functions at no cost to the government, which element of true socialism, and it will strive to encourage and base because media practitioners, regardless of their outlet are will be translated into less costs for media products. This is a maintain a high standard of socialist discussion, going to be members. With the MCT, membership is open to win-win situation where the government benefits, the public “The new “Standard” will be free to criticise any particular media houses and institutions instead of individuals. benefits and the media is happy to play a role independently acts of individual Tanu or Government leaders, and to The law has made it appear that the Council is indeed contributing to the advancement of society. An independent publicise any failures in the community, by whomever they are independent, which is good. It will continue to be good if we media council by the industry is what the policy supports and committed. It will be free to criticise the implementation of ensure that it is protected against interference by political in fact gave it roles. This aspect alone is grounds for a revision agreed policies, either on its own initiative, or following upon and economic powers. The Council therefore must have an of the law without offence to anyone. complaints or suggestions from its readers. independent administration and source of revenue outside I hope the government understands why media are “The new “Standard” will aim at supplying its readers with government coffers to undertake its activities if it wants to against some of the initiatives of the law. The industry does all domestic and world news as quickly and as fully as possible. remain independent. Again, it will all depend on the vision and not see the logic why it should pay for a regulatory (control) It will be run on the basis that a newspaper only keeps the spirit of the person at the helm. system that betrays the fundamental role of standing up for trust of its readers, and only deserves their trust, if it reports What is not good however is the segregation the law the people. You wouldn’t expect the media to be critical of the the truth to the best of its ability, and without distortion, makes between print and broadcast journalists. The complaints government which has the final say in licensing, registration, whether that truth is pleasant or unpleasant. mechanism will be for print media journalists only. Why? There training assistance and arbitration. In fact the word ‘arbitration’ Such was the genius of Mwalimu Nyerere. President has to be a way of harmonizing the dichotomy. Journalism, as does not appear anywhere in the text, probably considered Magufuli has given us hope, and if the media could achieve just a profession, is one and all journalists should be treated the too soft for severity of the law and the terms used instead are a half of what is in that charter as applicable to the current same before the law. On this account, to me this is a bad law ‘to deal with” and ‘determine’. There is no amicability there, it is environment, then for sure we would be in the footsteps of because it is discriminatory. either guilty or not guilty since these are quasi-judicial bodies. Mwalimu. My prediction is that come a year from now the media To crown the fear is the knowledge that media content is For the time being, let us all lament that the media sphere will have been squeezed so much so that the years being watched for any breaches of the government sanctioned regulatory bodies purported to be set up are the last nails in past will be wished they resurrected. Why am I so pessimistic? ethics. Since these are legal prescriptions, any breach becomes the coffin of free media in the country.
17 Media Council of Tanzania Newsletter
News Jailed journalists released on bail By MW Reporter them bail which was received with jubilation evidence presented by the prosecution and from family members and friends, media ordered the case to be heard by another colleagues and stakeholders. magistrate. wo journalists, Christopher The chairperson of the Mwanza Press He said by ordering fresh trial, it is Gamaina and Zephania Mandia, Club (MPC) Edwin Soko commended the intended to protect the interest of justice jailed for 30 years after being level of solidarity and support shown by of both sides. accused of robbery with violence media practitioners and stakeholders in the In case after the fresh trial, the accused Twere released on bail by Magu District case. are convicted again, the period they Court on August 5, 2019. MPC also thanked the Media Council of had already served in prison should be The duo had earlier denied the charge Tanzania (MCT) and the Tanzania Human considered in sentencing them, the Judge and claimed to have been framed up. Rights Defenders Coalition (THRDC) for said. The jail term and their conviction were their support in the case. Gamaina and two others were jailed by quashed on appeal by the High Court on July Ruling on the appeal against conviction the Magu District court for 30 years while 24. High Court Judge Mustafa Siyani, ordered and sentence High Court Judge Siyani on July another one was jailed for four years. a fresh trial and advised the two journalists 24 quashed the ruling by the Magu District The appellants in the case were to seek for bail. of criminal case no 11/2018. represented by Advocates Constantine On August 5, the Magu Court granted In his ruling the judge dismissed all the Mutalemwa and Amri Linus.
Two journalists, Christopher Gamaina (left) and Zephania Mandia (right), jailed for 30 years after being accused of robbery with violence were released on bail by Magu District Court on August 5, 2019. They are with the chairperson of the Mwanza Press Club (MPC) Edwin Soko centre) after they were released
18 August 2019
News
arrest of Gandye who was accused the Police for reporting inaccurate information, attracted both local and international criticism. …Journalists The Media Council of Tanzania (MCT) was among media rights bodies that condemned the arrest and for that, Watatezi TV thanked and highly commended the Council for raising its Gandye, Mapunda voice on the matter. Other bodies that the TV outlet thanked include Organisation of Journalists Against Drugs and Crime Tanzania (OJADACT), Legal and Human Rights Centre (LHRC), Chama cha releasedBy MW Reporter onWazalendo, bail the THDRC official simply Demokrasia na Maendeleo (CHADEMA) said he had just been released and that Iringa,, media practitioners and various he was not in a position to go into other institutions.. oseph Gandye an investigative details. Other bodies which raised their journalist with Watetevi online TV, The voices and praised by Watetezi TV who was arrested by the police on leadership are Jamii Forum, Radio August 22, has been freed on bail. France International, Africa news, The JAnother journalist Haruna Hussein East African, Bloomberg, IFES, VOA Mapunda of Gilly Bonny Online TV who Swahili, World Vision Tanzania, The was also arrested by the Police has Guardian, Africa Radio, RFI, Pressreader. also been released. com, Cronicaviva, Agence Africue, Daily An official of the Tanzania News, VOA News,Rwanda Today, Swahili Human Rights Defenders Coalition News Blog, Daily Monitor Discover ((THRDC) which owns Watetezi Africa News, Radio Jambo, New Vision. TV said on August 26,2019 that com, Agwezeho, Parismatch.com, Gandye was released on Police Afriquinfos.com , ABS Daily Nation, bail on August 24, 2019 and on Mtanzania, Region Week, Magazetini Monday August 26 reported to the blog, Mwanaharakati Mzalendo, Regional Crimes Officer (RCO) at Mwanahalisi, Radio SAUT, Ebony FM, the main Police station in Iringa. Clouds FM, BBC Swahili, BBC News, He has been asked to report to Dar Mpya, Matukio Daima and Watu the RCO again on Wednesday August Huru,. 28, 2019. Internationally various embassies Asked whether he would be and international institutions, the African committed to court for trial, the THDRC News Agency, the Committee to Protect official said that they would say about Journalists (CPJ Africa, African News that come Wednesday. Agency, CPJ Africa, Defend Defenders, On the case of journalist Amnesty International also Mapunda, who was arrested raised their voices with leaders of the on the arrest of opposition Gandye. party ACT
Haruna Hussein Mapunda
19 Media Council of Tanzania Newsletter April 2019
Opportunities
CALL FOR APPLICATIONS: Reporting grants and workshop on digital identity, data & technology in Africa 2019 Posted on August 13, 2019 by Admin partner of the state to deliver technology and services in • Governance, regulations, transparency, and ac- The Africa-China Reporting Project (ACRP or the Project) support of national ID systems or in pursuit of their own countability (e.g. privacy and data protection laws, at Wits Journalism, with support from Omidyar Network, commercial interests in the open marketplace. Digital CCTV/surveillance laws, standards, codes of con- are inviting all journalists to submit proposals for reporting profiles on social networks such as Facebook, Twitter, and duct, independent oversight at regional or conti- grants and workshop participation to investigate issues especially WhatsApp can enable users to voluntarily self- nent-wide levels, grievance processes, procurement related to digital identification, data privacy, and technol- assert their own identity outside of the state. While almost processes, litigation, budgets, public engagement, ogy in Africa. The Project will provide reporting grants all Africans depend on these platforms for communication access and representation, data bill of rights, data of up to US$1,000 to successful applicants, who will also and increasingly commerce, very few know how those data trusts) participate in a Digital Identity Training Workshop and the trails will be used by other groups. • Technology innovations and start-up companies Civic Tech Innovation Forum in Johannesburg during the (e.g. privacy-by-design approach; “reg tech”; the week of 28 October 2019. Read more: promise of blockchain; the implications of biomet- See below for How to apply and Potential issues to be • ID4D Data: Global Identification Challenge by the rics, “adtech”; privacy-protecting tools; encryption; investigated. Numbers (World Bank) identities traded on the dark web; de-identification; • ID4Africa Annual Meeting 2019 Presentations open-source code; the benefits and unintended What is digital identity? • Personal Data Protection Guidelines for Africa consequences of how technology is used or con- Travel, trade, and communication are now boundless be- (African Union) sumed; ethical uses of technology and data; social cause of technology, the Internet, and innovation. Yet they credit scoring algorithms; artificial intelligence to are also increasingly dependent on the use of personal data How to apply sharpen identification; hacking; locally developed such as national IDs, mobile numbers, income and payment Applications must be sent to ACRPapplications@gmail. solutions; futuristic technologies not yet on the histories, social relationships and transactions, location, com by no later than 20 September 2019, and should market that digitally identify people) biometric information, and other identifying artifacts. They contain the following (only documents in MS Word or • Foreign partnerships and investors (e.g. private collect revealing bits of data and use them to verify and PDF formats will be accepted): companies’ data collection, data localization, African authenticate our identity and eligibility for services as well • Applicant CV perspectives on such collaborations, technology as to build trust and support transactions between people, • Brief proposal outlining (a) story to be investigated transfers, adoption of systems first piloted outside businesses, and governments. with clear headline; story relevance and signifi- of Africa, Chinese firms’ AI-based identification Being able to prove who you are in this way can help cance, (b) investigation methodology, (c) proposed systems drawing on CCTV and government ID ensure more people are included and empowered through publication/platform, and (d) itemised budget total- databases) the continent’s many transformations. As African govern- ling no more than US$1,000 • Development and security agendas and human ments and businesses digitize their identification processes, • List of previously published reporting rights (e.g. data for good, inclusion, discrimination- having a digital identity can be increasingly valuable, if Applications are open to all journalists who present Africa- by-design, IDs for migrants and refugees, citizen- not required, for people to obtain healthcare, education, focused proposals. Applicants need not necessarily have ship/immigration issues, humanitarian crises, links employment, bank services, purchases and trade; and to previous reporting experience in this area. to poverty alleviation and youth empowerment, pay taxes, amass capital, own property, lend money, open For any queries please contact the Project team at ACRP- African perspectives on the freedoms enabled or businesses, and travel. [email protected] put at risk by a digital identity) While digital identity has massive implications for econo- • Risks and harms (e.g. use of identity information mies and societies, very few people understand how they Potential issues to be investigated that results in surveillance, exclusion, manipulation, themselves are digitally identified; how their information The following themes can guide journalists to identify discrimination, oppression, violence, financial loss is used by businesses, governments, and individuals; what specific topics for investigating issues around digital identity and reputation issues, distrust and power imbal- rights they have; what risks they are exposed to; and what in the African context: ances) safeguards are or could be in place. Journalism and on- • Regional, national and community government- • Trends and research (e.g. emerging issues and use the-ground investigations are crucial for advancing public issued IDs (e.g. plans/promises, purposes/rationales, cases across communities, rise of self-asserted knowledge and understanding on digital identity and to best practices and challenges, public reactions and IDs, customer preferences, trust in institutions, shift thinking beyond government and business objectives experiences, lessons for and application in African breaches and identity theft, fraud, technology fail- by illustrating human experiences. countries) ure) An estimated 500 million African citizens still have no • Private sector data practices (e.g. industry ap- • Privacy and user control (e.g. an African perspective formal online identification, although African states are proaches to data protection, consent, privacy on privacy, privacy as a fundamental right/public now pursuing new and distinctive digital identification policies, cyber security, data sharing, Know-Your- good vs. fee-based service, consumer rights, the projects, many with an economic development agenda Customer requirements, technology innovations, commercialisation of our identities, treating African and others with national security goals. The private sector compliance with regulation, breaches, penalties and data as an African resource, experiences with data is also an active participant in digital identity, either as a positive incentives) ownership, Africa-based data agents/fiduciaries)
20 August 2019
Opinion STATE OF THE MEDIA IN TANZANIA 2017 – 2018: It is cries again for independence and against bad laws By Saidi Nguba Among key findings in the State of the Media way the media operates under the principle that in Tanzania report are in the area of legal and communication and expression be considered a nother publication by the Media Council regulatory framework; current trends in print, right to be exercised freely. It implies the absence of Tanzania is out electronic and social media and media support, of interference. And the irony is that whereas and this is “State of the Media in covering both the Mainland and the Isles. It airs President Magufuli has repeatedly praised the ATanzania 2017 – 2018”. It is an views of media stakeholders that the newly media in the country for its steadfastness and annual occurrence by the MCT to highlight enacted Media Services Act with aspects of immense contribution to national development issues in the media industry with the intention of licensing of journalists and the powers bestowed endeavours by reporting objectively stories of calling for intervention wherever and whenever to the Director of Information Services to national and public interest and by helping to the need arises and give recommendations. suspend or cancel newspapers threatens the expose evils, his lieutenants and some executives Compiled by three consultants, Dr. Joyce Bazira, freedom of individual journalists, media outlets do not appear to go along together well with media researcher and trainer; veteran journalist, and the industry as a whole. It also pointed out him on this agenda. Henry Muhanika and Zanzibar University that the period under review witnessed a new The learned Dr. Harrison Mwakyembe, lecturer, Dr. Ali Uki, the State of Media report trend of “politicization of development agenda” Minister for Information, Culture, Arts and gave out four main recommendations to the whereby journalists and others who raised Sports is also on record saying that he is ready media, civil society and human rights supporters. voices against wrongdoings by Government to sit together with media stakeholders to see First, they must continue to campaign for authorities were considered “enemies” and what can be done to rectify or amend some of reforming unfriendly media laws and regulations; persons who are “against national development”. the regulations deemed to be rather amorphous, secondly, must challenge the enforcement of In the electronic media it pointed out that there contagious, notorious, obnoxious or draconian. laws and regulations that violate online rights; had been some incidents of threats and cited the But we are yet to see any positive approach thirdly, must prepare ethical guidelines for online invasion of Clouds TV by Dar es Salaam Regional towards that end. communication and lastly must push for media Commissioner, Paul Makonda, who stormed the What we are witnessing today is that training programmes which make journalists and station with armed police reportedly to pressure whereas using the same laws and regulations media institutions more independent. the staff to air a certain video. “The situation of some newspapers and media outlets are Again it is cries about unfriendly media laws the media in Tanzania in 2017/18, particularly punished and banned, some self-proclaimed and regulations, abuse of human rights, need for on the Mainland,” says the state of media professed activists, using the same outlets to media training and independence of journalists. report “was not promising”. It concludes that utter and portray malicious material and hate Another report on media study in the country the media, “be it print, broadcasting or on-line, speeches, are left unscathed and untouched. It unveiled early this year, under the auspices of the suffered massive setbacks including operating is unprecedented. We did not even have this Media Council of Tanzania, reveals that the media under a tense political environment dominated scenario during our infancy after independence in this country, ostensibly out of fear, dwells by repressive laws. Punitive measures such as not even before the liberalization of the mostly on official events and is unconcerned suspension or banning of newspapers, closure early 1990’s. One is left to wonder why now! about own initiative stories. It is a “Yearbook of broadcasting stations under circumstances Researchers point out that in Tanzania, whereas on Media Quality in Tanzania 1918” compiled considered unjust, plus violence, intimidation, the constitution provides for freedom of speech, after a research by Christoph Spurk of Spurk prosecution and harassment of journalists, were it does not specifically guarantee freedom of Media Consulting Ltd. of Berne Switzerland some of the violations witnessed in the two the press. Current laws and regulations restrict and Abdallah Katunzi of the University of Dar years.” media on the basis of “national security” or es Salaam. In it also, it was revealed that press But, the State of the Media in Tanzania “public interest”. freedom had dwindled in the last three years, report also mentioned positive trends like But the right of citizens or the media to citing internationally recognized Press Freedom mechanisms by the Government to control discuss or disseminate ideas and opinions Index published by Reporters Without Borders, rampant misuse of social media including posting without fear of prosecution should be the envy in which the country was ranked 93rd out of of indecent content on these platforms. For the of everybody – the ordinary citizens and even 180 countries in 2018, a drop of 22 positions Isles of Zanzibar, the report also mentioned as those in power. Even President Magufuli himself compared to 2017. a positive development in the electronic media would enjoy cracking a joke at a public rally and So the big question is why the fear by the sprouting of on-line television stations there say what he deems fit and he obviously would the journalists? Why the unfriendly laws and saying it is an important element in dissemination not like to be hindered. And he enjoys doing it. regulations for the media? What is intended to of information to the public. • The author is a Tanzanian veteran Journalist be achieved? Before answering these pertinent It has been so often observed that press and questions, let’s explore more from the state of freedom is not the scaled up number of Editor. He can be reached through E-mail: the media report. publications or media outlets, but rather the [email protected] Mobile: 0754-388418.
21 Media Council of Tanzania Newsletter April 2019
News
Absalom Kibanda Neville Meena Simon Mkina Eddo Kumwembe MCT follow-up threats to four senior scribes By MW Reporter gate of his residence as he returned from removed...and really after a short time “the office. post’ was removed. Other people listed in the threat He also said the report has been he Media Council of Tanzania message are Thabit Jacob, Aidan Eyakuze, extensively spread throughout the world (MCT) as custodian of journalists Maria Sarungi, Fatuma Karume and Sammy by those in the diaspora. and defender of freedom of press Swami. Simon Mkina has reported the matter is following up reports that four The reaction of the targeted journalists to the Police but also expects to consult Tsenior journalists have received message is as follows:- again with the others as to what they can of threats. • Mkina said he had sought advice do as a team. The Council wants to establish how from other people as to what he should do • Absalom Kibanda expected to the targeted journalists have reacted to after receiving the threat. He came to know report the matter to the Police since it had the threats. that the message was from one person occurred while he was in Kilimanjaro. He The four journalists are among nine whom he claimed is from an opposition will report it to the Police and also consult people who have received the message of party (name withheld). He tried to contact with his lawyer for further advice. threats. the person through a twitter account but He says to dismiss such a thing, one Reports on the threats issued on social there was no response. may find himself framed with allegations media on August 7, 2019, named the He added that he had consulted others of involvement in criminal gangs”. He journalists as Simon Mkina, Neville Meena, – the journalists and activists who were said once he completed the steps he was Eddo Kumwembe and Absalom Kibanda. threatened and they all indicated they are planning to take, he will inform the Council, The report said “We have been tipped; taking the matter seriously. adding that this threat is not something to the following should stay in places with Mkina named one person who has been dismiss. CCTV cameras and should keep their using media outlets which he owns or leads things in order. to demonise individuals (name withheld) Neville Meena Kibanda, one of the targeted journalists and said he had written something similar Said he had heard about the threats on was attacked and seriously wounded by to the threats in his newspaper and later August 9, 2019 and expected to report unknown assailants on March 5, 2013 when those named were followed up. “This is not to the Police. He says this is not matter he was Managing Editor of New Habari an issue to be dismissed.” to dismiss. He says his family is worried (2006), the publishers of Mtanzania, Rai and Mkina believes that the threat is a especially after seeing “the post’ on social Bingwa newspapers. Following the attack, result of his work and the intention is to media. For the time being he is reporting Kibanda was first hospitalised at Muhimbili scare him. He says he had spoken with one the matter to the Police and if there is any and was later sent to South Africa for acquaintance on the “post” who told him other steps which he considers to take, he further treatment. He was attacked at the that within five minutes “the post” will be will inform the Council.
22 Complaints or inquiries should be addressed to: Executive Secretary, Media Council of Tanzania, P.O. Box 10160, Dar es Salaam, Tel.: 022-2775728, 022-2771947 Cell: 0784 314880 Fax: 022 2700370 E-mail: [email protected] www.mct.or.tz