MSA 2016 amendments: Government sidesteps EACJ decisions

By Paul Mallimbo

Proposals for Media Services Act (MSA) amendments tabled in Parliament on February 9, 2023 have come as a shock to the media fraternity, and more exerted efforts are needed now that the process to legislate has started in earnest.

The government has just scrapped the surface and left a lot to be desired. While custodial sentences and fines have been reduced, they still exist; and most of the provisions outlawed by the East African Court of Justice (EACJ) more than three years ago in a case filed by the Media Council of Tanzania (MCT) and her partners are still in place.

In the new proposed amendment only four provisions outlawed by EACJ have been considered and 14 were left out. This means that government still not comply with court decisions.

The provisions that were outlawed by the Court were 7(3), a, b, c, f, g, h (i & j), 19, 20, 21, 35, 36, 37, 39, 40, 52, 58 and 59. Others were articles 6(d) and 7(2).

While during the negotiation meetings with the stakeholders, 17 provisions were submitted for review, the government mainly dealt with sentence and fine provisions, which have been reduced.

However, President Samia Suluhu Hassan’s goodwill towards the media industry’s freedom has to be commendable  this time we are witnessing the process of amending the Media Services Act 2016.

On February 9, 2023 the Written Laws (Miscellaneous Amendments) Act, 2023 bill was read in the parliament for the first time. Part Three of the bill deals with amendment of the MSA.

Since taking office, President Samia Suluhu Hassan has insisted that media space should be opened.  On January 8, 2022 she formed a new ministry, the Ministry of Information, Communication and Information Technology to reduce the confusion caused by overlapping responsibilities in government ministries.

Newspapers which had been banned, including those that had won court orders for them to be reinstated, were unbanned. When re-issuing licences to the four previously banned newspapers on February 10, 2022, Minister Nape Nnauye made it clear that this was a presidential decision. And so Mawio, Tanzania Daima, Mseto and Mwanahalisi were allowed back on the news stalls.

By the first quarter of 2022 the government had amended four EPOCA regulations. On January 18, 2022 government published new EPOCA (Licensing) Regulations, 2022, and EPOCA (Digital and other Broadcasting Networks and Services) Regulations, 2022.

Again, on March 18, 2022 government published in Government Notice new EPOCA (Radio and Television Broadcasting Content) Regulations, 2022 and EPOCA (Online Content) Regulations, 2022.

However, there can be no real guarantee of media freedom until the policy and legal framework governing media operations is reviewed. Anti-media laws, policies and regulations continue to loom over the sector like the sword of Damocles.