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ABA ROLI Convenes National Advocacy Forum on Freedom of Expression and Media Laws in Tanzania

ABA ROLI Convenes National Advocacy Forum on Freedom of Expression and Media Laws in Tanzania
June 2024 | Dar es Salaam, Tanzania
The US Ambassador to Tanzania Michael A. Battle Sr. addressing the Freedom of Expression forum audience.

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On June 27, the American Bar Association Rule of Law Initiative (ABA ROLI) convened a National Advocacy Forum on Freedom of Expression (FOE) and Media Laws in Dar es Salaam, Tanzania. Co-hosted with our local partner, the Tanzania Human Rights Defenders Coalition, the forum was under the theme “Assessing the Current Legal and Policy Framework Governing Freedom of Expression & Media Laws in Tanzania - Progress and Challenges.” It focused on addressing restrictive laws and policies impacting freedom of expression and media freedom. Stakeholders from the international development partners gathered to assess the current legal and policy landscape governing freedom of expression and media rights in Tanzania. These stakeholders included the US Ambassador to Tanzania, Michael A. Battle Sr.; European Union (EU) delegation representatives, Embassies of Germany, Belgium, the Netherlands, Norway and Finland; media organizations; legal practitioners; civil society; and policymakers.

This event was supported by ABA ROLI’s Advancing Freedom of Expression program in Tanzania, a two-year program that began in 2023. ABA ROLI, alongside local Tanzanian partner organizations, will advance this goal through supporting coalitions of freedom of expression advocates; raising awareness and understanding of FOE rights among journalists, civil society, lawyers, and the public at large; support for strategic litigation; and dialogues convening journalists, civil society organizations, and lawyers with policymakers. ABA ROLI's capacity building initiatives target under-represented regions and stakeholders from marginalized and vulnerable communities—keeping sustainability in mind for activities to develop enduring practices.

The US Ambassador to Tanzania Michael A. Battle Sr. (stood at the podium) addressing the FOE forum audience.

The US Ambassador to Tanzania Michael A. Battle Sr. (stood at the podium) addressing the FOE forum audience.

During his speech, His Excellency the US Ambassador re-echoed President Hassan's emphasis on the Constitutionally guaranteed right of freedom of expression in Tanzania that was highlighted during the national conference on media development held in Dar es Salaam in March 2024. His Excellency called on Tanzanians to respect their fellow citizens' rights to express themselves and to recognize the contribution that journalists make to the community. He further emphasized that journalists should not fear being arrested or detained for publishing their investigations or opinions.

The ABA Associate Executive Director of the Center for Global Programs, Scott Carlson, delivered remarks on behalf of ABA ROLI virtually. In his speech, Mr. Carlson highlighted ABA ROLI’s views on the right to freedom of expression as one of the cornerstones of a democratic society. He emphasized that this fundamental human right is essential for fostering a vibrant and resilient society, where constructive dialogue, the exchange of ideas, and the peaceful resolution of disputes are the norm rather than the exception. Mr. Carlson called on media stakeholders to continue championing freedom of expression in Tanzania, the United States, and around the world for the benefit of every person on the planet.

Scott Carlson, the ABA Associate Executive Director of the Center for Global Programs, delivers his remarks virtually on behalf of ABA ROLI.

Scott Carlson, the ABA Associate Executive Director of the Center for Global Programs, delivers his remarks virtually on behalf of ABA ROLI.

The forum event highlighted recent positive reforms under President Samia Suluhu Hassan’s administration, including the lifting of bans on several newspapers and reduced fees for online television. Concerns were raised about persisting restrictive laws such as the Cybercrimes Act and the Media Services Act, which continue to curtail media freedom. Advocates emphasized the need for further reforms to safeguard journalists and media practitioners from legal constraints and promote a more conducive environment for free expression.

Honorable (Hon.) Thobias Makoba, the Chief Government Spokesperson of Tanzania, and Director of the Information Services Department delivered a keynote address on behalf of the Honorable Nape Moses Nnauye, the Minister for Information, Communication, and Information Technology in Tanzania. He highlighted advancements in Tanzania’s communication sector, noting increases in mobile phone users and internet accessibility. Hon. Makoba underscored government efforts to enhance media sector infrastructure and create opportunities for youth employment through expanded broadcasting capabilities. He emphasized the government's commitment to media freedom, citing Tanzania's improved rank in the World Press Freedom Index 2024.

Retired Hon. Judge Robert Makaramba, a distinguished speaker at the forum, provided an insightful overview of Tanzania's media laws. He highlighted legal challenges both domestically and at regional courts, particularly addressing restrictive provisions in the Media Services Act that affect freedom of expression. Hon. Makaramba stressed the need for laws restricting freedom of expression to meet stringent criteria: legality, necessity, proportionality, and alignment with legitimate aims. His remarks underscored ongoing efforts to uphold international human rights standards within Tanzania's legal framework.

The US Ambassador to Tanzania, Michael A. Battle Sr. (second from the right, front row), with key forum participants.

The US Ambassador to Tanzania, Michael A. Battle Sr. (second from the right, front row), with key forum participants.

Panel discussions explored the evolving media landscape, expressing concerns over regulatory uncertainties, and advocating for legal reforms to safeguard press freedom. The forum also featured panels addressing challenges faced by online media and calls for proactive reforms to protect digital media practitioners from regulatory pressures. Participants stressed the importance of upholding international human rights standards in legislative frameworks governing media operations.

Arising out of the forum, a Communiqué on Freedom of Expression was released, highlighting key issues raised and recommendations made by stakeholders during which the stakeholders affirmed their commitment to collaborative efforts in advocating for robust legal protections and ensuring media freedom as a cornerstone of democratic governance in Tanzania. ABA ROLI along with FOE project partners also developed a joint action plan addressing identified issues. This action plan will serve as a tool for advocating for the government to reform the existing oppressive laws governing the media sector in Tanzania.