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Wednesday, October 17, 2018
Teldah Mawarire is an Advocacy and Campaigns Officer with global civil society, CIVICUS. Grant Clark is the organisation’s Senior Media Advisor.
This article is part of a series of stories and op-eds launched by IPS on the occasion of World Press Freedom Day on May 3.
JOHANNESBURG, May 3 2018 (IPS) - In African countries where journalists are targeted with killings and beatings while traditional news outlets have been muzzled by governments and other actors unhappy with criticism, bloggers and social media users have become the new independent media by providing much-needed coverage, commentary and analysis.
In Tanzania, the government of President John Magufuli last month craftily enacted legislation requiring all online publishers, including bloggers and podcasters to pay around US$920 — unaffordable for most of the country’s bloggers — for the privilege of posting content online.
From May 5, just two days after World Press Freedom Day, all online publishers have to register with the authorities and fork out about US$480 for a three-year licence, as well as US$440 every year to operate a blog.
However, bloggers tend to make very little from blogs, posting mostly out of passion and earning little if not nothing from advertising, which is usually the revenue source for this media. So there is precious little to be made from online advertising, which is not a widely used form of advertising in Tanzania. So, the required fees make blogging a very expensive affair.
The Electronic and Postal Communications (Online) Regulations 2018, which came into effect in March, not only imposes the exorbitant fees to post content online but also requires anyone publishing online content to carry out extensive data reporting such as keeping a log of visitors to the platform, information on investors and staff, future plans, among other requirements.
Blogs are also usually solo operations, run with no staff or resources to keep up with these onerous obligations. The law also requires internet café’s to install surveillance cameras and to record and archive activities inside their premises.
The new law defines a blog as “a website containing a writer’s, or group of writer’s own, experiences, observations, opinions including current news … images, video clips and links to other websites”. This basically covers all forms of posts from the personal to public affairs matters and news items.
According to the new law, publishing content that “causes annoyance, threatens harm or evil, encourages or incites crime, or leads to public disorder”, can lead to the license being revoked, a fine of no less than 5million Shillings (about $2 000) or no less than 12 months’ imprisonment or both.
The interpretation of what is “annoying” or “evil” leaves the law wide open to abuse by those in power. For example is a fashion blog commentary on a politician an annoyance? Is questioning the use of public funds an annoyance?
The government’s Communication Ministry spokesman Innocent Mungy defended the law, telling Al Jazeera that it serves to “protect those who were being victims of slurs”. However, the deliberately vague and broad nature of the regulation, and the sweeping powers given to the Tanzanian Communications Regulatory Authority (TCRA) to keep a register of bloggers, online forums, radio and television online and to take action against non-compliance of the regulations, including ordering the removal of content is a cause for raising red flags for freedom of expression in the country.
There is no doubt that this policy will deal a fatal blow to freedom of expression and an open internet in Tanzania as well as to diversity in the media space.
The new regulations attack fundamental human rights of Tanzanians in two main ways. First it excludes most from being able to express themselves online through the increasingly popular format, blogs. It also discourages internet use by instilling fear in users.
And for the precious few bloggers who might be able to afford the prohibitively expensive fees, the sweeping, ambiguous restrictions give authorities power to declare much of what they say as criminally offensive and liable to prosecution and criminal conviction.
While proponents of the law might also invoke the “curbing the spread of terrorism via social media” argument, it is clear these regulations are beyond threats of terror. Not only are the fees intended to prevent ordinary bloggers and journalists from posting editorial content online, but it severely restricts their freedom of expression as well as the public’s access to information at large.
In a country where the media historically holds strong ties to government interests, and where a sustained campaign of media repression has been underway for years – and intensified since the election of Magufuli in 2015 – blogging has given a voice to many Tanzanians who would not otherwise be heard and has given content to an audience that is searching for it.
The government has wasted no time exploiting the law’s vaguely-worded terms to put online users on notice. Hugely popular rapper, Diamond Platinumz (Nasseb Abdul), was arrested in mid-April for posting an Instagram picture of himself kissing a woman — considered a violation of the regulation’s ban on “indecency”.
The government held public consultations on the proposed policy last year but pushed it through without any changes despite objections from various stakeholders to aspects of the legislation. Three Tanzanian NGOs in March filed a complaint at the East Africa Court of Justice over the law, arguing it violates press freedom.
Ordinary users of blogs are also not spared. For, example, those who post content or comment on Facebook are subject to the same rules meaning even personal political opinions are at risk.
But Tanzania is not alone in this kind of crackdown. Uganda is also drafting its own plan of attack on freedom of speech online. From July this year, users of social media applications such as Facebook, Twitter and WhatsApp will have to pay a daily tax of about USD0.05 to reduce what longtime President Yoweri Museveni calls “gossip”. Of Uganda’s 41 million people, more than half are mobile phone subscribers and 17 million use the internet. The policy is currently before parliament after approval by the cabinet.
In neighbouring Rwanda, a 2016 law makes it broadly illegal to cause “annoyance, inconvenience, or needless anxiety” with a digital device.
Worldwide, the CIVICUS Monitor, which tracks threats to civil society, has found that journalists are the biggest group on the receiving end of violations for their work. Citizen journalists, bloggers and general social media users need special attention if the right to access information and freedom of expression are to be protected.
Civil society and traditional media have a duty to diligently highlight these violations and stand in solidarity with those being persecuted and hindered from freely using new forms of media.
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