Tanzania media service Act, 2016

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The Government of United Republic of Tanzania [1] has enacted four Acts concerning the control of freedom and regulation of media in the country. These are The Cybercrimes Act, 2015, [2] The Statistics Act, 2013, [3] The Media Services Act, 2015 [4] and The Access to Information Act, 2015. [5] The Government of the Republic of Tanzania on one side claims that the four Acts were highly needed to facilitate access to information and control the media sector. On the other, political analysts, activists and everyday people have criticized the Acts, predicting that they will negatively affect freedom of the media and, eventually, citizens' freedom of speech. The Acts give Tanzania's Minister responsible for information the power to ban any media which may seems to report, publish, print or broadcast information contrary to the code of conducts or threaten peace in the state.

A republic is a form of government in which the country is considered a “public matter”, not the private concern or property of the rulers. The primary positions of power within a republic are not inherited, but are attained through democracy, oligarchy or autocracy. It is a form of government under which the head of state is not a hereditary monarch.

Tanzania Country in Africa

Tanzania officially the United Republic of Tanzania, is a country in East Africa within the African Great Lakes region. It borders Uganda to the north; Kenya to the northeast; Comoro Islands at the Indian Ocean to the east; Mozambique and Malawi to the south; Zambia to the southwest; and Rwanda, Burundi, and the Democratic Republic of the Congo to the west. Mount Kilimanjaro, Africa's highest mountain, is in north-eastern Tanzania.

Cybercrime, or computer-oriented crime, is a crime that involves a computer and a network. The computer may have been used in the commission of a crime, or it may be the target. Cybercrimes can be defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm, or loss, to the victim directly or indirectly, using modern telecommunication networks such as Internet and mobile phones (Bluetooth/SMS/MMS)". Cybercrime may threaten a person or a nation's security and financial health. Issues surrounding these types of crimes have become high-profile, particularly those surrounding hacking, copyright infringement, unwarranted mass-surveillance, sextortion, child pornography, and child grooming.

Contents

Brief history

The Media Services Act, 2016, was enacted in 2016 by the parliament of the united republic of Tanzania [6] on 5 November 2016 and signed by President John Pombe Magufuli two weeks later. The Act replaced the then restrictive newspaper Act of 1976. The expectation of many people was that the Act would become an updated media law adhering to international conventions like the United Nation's Universal Declaration of Human Rights (UNDHR), the East African Community [7] Treaty and other sources which affect then liberty of citizens to access information. Instead, the Acts appears to many to act to deprive certain civil constitutional [8] rights, including freedom of expression and freedom of access to information.

Parliament legislature whose power and function are similar to those dictated by the Westminster system of the United Kingdom

In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries.

Universal Declaration of Human Rights Declaration adopted in 1948 by the United Nations General Assembly

The Universal Declaration of Human Rights (UDHR) is a historic document that was adopted by the United Nations General Assembly at its 183rd session on 10 December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the then 58 members of the United Nations, 48 voted in favor, none against, eight abstained, and two did not vote.

East African Community intergovernmental bloc

The East African Community (EAC) is an intergovernmental organization composed of six countries in the African Great Lakes region in eastern Africa: Burundi, Kenya, Rwanda, South Sudan, Tanzania, and Uganda. Paul Kagame, the president of Rwanda, is the EAC's chairman. The organisation was founded in 1967, collapsed in 1977, and was revived on 7 July 2000. In 2008, after negotiations with the Southern African Development Community (SADC) and the Common Market for Eastern and Southern Africa (COMESA), the EAC agreed to an expanded free trade area including the member states of all three organizations. The EAC is an integral part of the African Economic Community.

Reaction from the press

The Media Council of Tanzania (MCT), Legal and Human Right Centre [9] (LHRC), and Tanzania Human Rights Defenders Coalition [10] (THRDC) on 11 January 2017 filed a petition at the East African Court of Justice [11] (EACJ) challenging the newly passed Media Service Act, 2016. The petition, supported by a team of lawyers from MCT, LHRC and THRDC claims that the Act deprives civil liberties and access to information rights guaranteed under Article 18, subsections (a), (b), (c) and (d) of the Constitution of Tanzania, respectively addressing:

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Freedom of the press or freedom of the media is the principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely. Such freedom implies the absence of interference from an overreaching state; its preservation may be sought through constitutional or other legal protections.

Freedom of information part of freedom of speech, a right of access to information held by goverments

Freedom of information is an extension of freedom of speech, a fundamental human right recognized in international law, which is today understood more generally as freedom of expression in any medium, be it orally, in writing, print, through the Internet or through art forms. This means that the protection of freedom of speech as a right includes not only the content, but also the means of expression. Freedom of information also refers to the right to privacy in the content of the Internet and information technology. As with the right to freedom of expression, the right to privacy is a recognised human right and freedom of information acts as an extension to this right. Lastly, freedom of information can include opposition to patents, opposition to copyrights or opposition to intellectual property in general. The international and United States Pirate Party have established political platforms based largely on freedom of information issues.

Virginia Statute for Religious Freedom statute disestablishing the Church of England in Virginia and guaranteeing freedom of religion to people of all faiths

The Virginia Statute for Religious Freedom was drafted in 1777 by Thomas Jefferson in the city of Fredericksburg, Virginia. On January 16, 1786, the Assembly enacted the statute into the state's law. The statute disestablished the Church of England in Virginia and guaranteed freedom of religion to people of all religious faiths, including Christians of all denominations, Jews, Muslims, and Hindus. The statute was a notable precursor of the Establishment Clause and Free Exercise Clause of the First Amendment to the United States Constitution.

Human rights in the Philippines pertains to the concept, practice of human rights within the Philippine archipelago. The concept of "human rights," in the context of the Philippines, pertains mainly to the civil and political rights of a person living in the Philippines by reason of the 1987 Philippines Constitution. Human rights are a justified set of claims that set moral standards to members of the human race, not exclusive to a specific community or citizenship. Membership in the human race is the sole qualification to obtain these rights. Human rights, unlike area-specific conventions of international laws, are universally justifiable as it pertains to the entire human race, regardless of geographical location.

LGBT rights in Tanzania

Lesbian, gay, bisexual, and transgender (LGBT) persons in Tanzania face legal challenges not experienced by non-LGBT residents. Homosexuality in Tanzania is a socially taboo topic, and same-sex sexual acts are criminal offences, punishable with life imprisonment. The law also punishes heterosexuals who engage in oral sex, anal intercourse and masturbation.

The government of Malawi does not systematically filter or block Internet content. However, the government has blocked access to news sites and social media in isolated incidents in efforts to quell protests.

Telecommunications in Angola include telephone, radio, television, and the Internet. The government controls all broadcast media with a nationwide reach.

Persecution of people with albinism

Persecution of people with albinism is based on the belief that certain body parts of albinistic people can transmit magical powers. Such superstition is present especially in some parts of the African Great Lakes region, it has been promulgated and exploited by witch doctors and others who use such body parts as ingredients in rituals, concoctions and potions with the claim that their magic will bring prosperity to the user.

UNESCO Specialised agency of the United Nations

The United Nations Educational, Scientific and Cultural Organization (UNESCO) is a specialized agency of the United Nations (UN) based in Paris. Its declared purpose is to contribute to peace and security by promoting international collaboration in education, sciences, and culture in order to increase universal respect for justice, the rule of law, and human rights along with fundamental freedom proclaimed in the United Nations Charter. It is the successor of the League of Nations' International Committee on Intellectual Cooperation.

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Magna Carta for Philippine Internet Freedom

The Magna Carta for Philippine Internet Freedom is an internet law bill filed in the Philippine legislature. The bill contains provisions promoting civil and political rights and Constitutional guarantees for Philippine internet users, such as freedom of expression, as well as provisions on information and communications technology (ICT) policy, ICT4D, internet governance, e-governance, cybersecurity, cyberwarfare, cyberterrorism, and cybercrime.

Intersex human rights

Intersex people are born with sex characteristics, such as chromosomes, gonads, or genitals, that, according to the UN Office of the High Commissioner for Human Rights, "do not fit typical binary notions of male or female bodies."

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

The Government of United Republic of Tanzania has enacted four Acts concerning with the control of freedom and regulation of media in the country. These are The Cybercrimes Act, 2015, The Statistics Act, 2013, The Media Services Act, 2015, and The Access to Information Act, 2015. The Government of the Republic of Tanzania on one side claims that the four Acts were highly needed to facilitate access to information and control the media sector. Political analysts, activists and normal people on the other side criticized that the Acts will pessimistically affect the freedom of media and eventually the freedom of speech of citizens. The Acts give the Minister responsible for information the power to ban any media which may seems to report, publish, print or broadcast information contrary to the code of conducts or threaten peace in the state.

Human rights in Sweden

Human rights in Sweden are largely protected in their Constitution and ratified international law. The three Constitutional acts concerning human rights are Chapter 2 of the Instrument of Government, Regeringsformen, the Freedom of the Press Act, Tryckfrihetsfsӧrordningen (1949) and Fundamental Law on Freedom of Expression, Yttrandefrihetsgrundlagen (1991). Additionally, the European Convention on Human Rights has been incorporated into Swedish domestic law since 1995.

Anna Aloys Henga Tanzanian lawyer

Anna Aloys Henga is a Tanzanian lawyer and activist who is known for her social services including women empowerment initiatives such as coordinating anti-female genital mutilation in Tanzania. She is also a human rights activist and was appointed as the executive director of Legal and Human Rights Center (LHRC). In 2015, she was encouraged to contest at the Tanzanian general elections. She is also known for motivating other women to involve in politics in Tanzania. In 2019, she was named as one of the recipients of the International Women of Courage Award and received the prestigious award from the United States Department of State. Notably, she was one of the three women from Africa apart from Moumina Houssein Darar (Djibouti) and Maggie Gobran (Egypt) to bag the honour.

References

  1. "United Republic of Tanzania, Government portal" . Retrieved 21 September 2017.
  2. "Cybercrime Act, 2015" (PDF). Retrieved 21 September 2017.
  3. "The Statistic Act, 2013" (PDF). Retrieved 21 September 2017.
  4. "The Media Service Act, 2016" (PDF). Retrieved 21 September 2017.
  5. "The Access to Information Act 2015" (PDF). Retrieved 21 September 2017.
  6. "The Parliament Of United Republic Of Tanzania" . Retrieved 21 September 2017.
  7. "The Treaty for the Establishment of the East African Community" (PDF). Retrieved 21 September 2017.
  8. "THE UNITED REPUBLIC, POLITICAL PARTIES, THE PEOPLE AND THE POLICY OF SOCIALISM AND SELF RELIANCE" (PDF). Retrieved 21 September 2017.
  9. "The Legal and Human Rights Centre" . Retrieved 21 September 2017.
  10. "African Commission on Human and Peoples' Rights" (PDF). Retrieved 21 September 2017.
  11. "Welcome to the East African Court of Justice" . Retrieved 21 September 2017.