By Sia Mrema
The media industry in Tanzania is regulated by various laws and regulations, which were enacted from 2016 to 2020. Specifically, these are the Media Services Act, 2016; the Access to Information Act, 2016; the Electronic and Postal Communications Act (Online Content ) Regulations, 2020, as amended in 2022, and the Electronic and Postal Communications (Radio and Television Broadcasting Content) (Amendment) Regulations, 2020.
However, these laws and regulations are widely regarded as an impediment to freedom of expression, contrary to the Constitution of United Republic of Tanzania and the International Covenant on Civil and Political Rights (ICCPR).
It is worth noting that the East Africa Court of Justice (EACJ) declared in its judgment delivered on March 28, 2019 that certain provisions of the Media Services Act, 2016 restrict press freedom and freedom of expression.
The EACJ verdict shone a light on Section 7 (3) (a), (b), (c), (f), (g), (h) and (j); sections 19, 20, 21; sections 35, 36, 37, 38, 39 and 40; sections 50 and 52; sections 53 and 54 and sections 58 and 59. However, only a handful of amendments had been carried out as of June 2023, specifically to sections 5, 38, 50, 51, 53, 54, 55, 63 and 64.
What this tells us in a nutshell is that the media industry is possibly among the most overregulated sectors in Tanzania.
The Media Services Act, 2016
This Act provides for ownership, rights and obligations of media houses, accreditation of journalists, offences, penalties and other regulatory frameworks under which the industry operates.
Section 19 of the Act, which provides for accreditation of journalists, is especially problematic. Section 3 defines a “journalist” as a person accredited under the Act, who gathers, collects, edits, prepares or presents news, stories, materials and information for a mass media service, whether in the capacity of an employee of a media house or a freelancer.
Most of the listed functions of accredited journalist are undertaken by people in exercising their right to freedom of expression. However, to set mandatory accreditation for journalists amounts to restricting the right to freedom of expression.
The term “journalist” is difficult to define with precision. This was observed by the UN Human Rights Committee in its General Comment 34: “Journalism” is a function shared by a wide range of actors, including professional full-time reporters and analysts, as well as others, who engage in forms of self-publication in print, on the internet or elsewhere.
Section 7(1)(d) of the Act, which provides for rights and obligations of private media houses, is another flawed provision. It partly states under Paragraph IV, “…to broadcast or publish news or issues of national importance as the Government may direct”. This is blatant restriction of the right to freedom of expression since it means that the government has the power to control private media houses and determine what they should or should not publish and which matters are of national importance.
Sections 35-39, which provide for criminal penalties in defamation cases, is equally draconian and restricts freedom of expression.
The Access to Information Act, 2016
This Act revolves around the right to access information, exempt information and obligation to provide information in addition to related offences and other legal frameworks.
Of special interest is Section 2(2), which covers the application of this particular law. It applies not only to public entities, but also to private bodies registered under any written law which utilise public funds or are in possession of information which is of “significant public interest”. However, the term “public interest” is not defined under the Act and it is therefore difficult for private entities to know exactly which matters are of public interest and which are not.
Section 5 states under Subsection 4 that it is only citizens of the United Republic of Tanzania who have the right to access information which is under the control of an information holder. This essentially locks out foreign journalists based in Tanzania and this restricts access to information.
The Electronic and Postal Communications Act (Online Content) Regulations 2020 as Amended 2022
These regulations provide for the licensing of online content services. Regulation 5, which outlines categories of licences, is vague and ambiguous.
On licensing of online media services, Category A includes “online content services”, whereas Category B includes “content aggregation”. The issue here is the vague definition of “online content services” and whether it covers all online content service users or subscribers.
Under Regulation 3, “online media services” apparently means “online content services provided for the purpose of news and current affairs in a manner similar to, or in a manner that resembles services providers licensed under the Act”.
However, under Regulation 3(b), “online content services” means “internet content broadcasting or aggregation to the public through television, radio, blog, weblog, instant messaging tools, and social media and applications”.
It is thus not clear as to whether member of the public require licences to access social media, websites, blogs and instant messaging tools on the internet.
The Electronic and Postal Communications (Radio and Television Broadcasting Content) (Amendment) Regulations 2020
These regulations regulate radio and television content.
Regulation 4(2) states that licensees are prohibited from hooking up with other content service providers for transmission of programmes, whether local or foreign, without the express approval of the Tanzania Communications Regulatory Authority. This restricts the right to freedom of expression.
Sia Mrema is an Advocate of the High Court in Tanzania
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Tanzania is winning the battle against maternal and newborn deaths, as the latest numbers reveal a significant decline.
“Tanzania is committed to reducing maternal and newborn mortality and ensuring safe deliveries as part of the national development plan. The Safer Births Bundle of Care is one of the key strategies supporting this effort,” said Dr. Benjamin Kamala, the Senior Research Scientist at Haydom Lutheran Hospital and Principal Investigator for the program, leading its implementation across five regions in Tanzania.
A groundbreaking study published in the New England Journal of Medicine shows that the innovative health program in Tanzania – centered on regular, on-the-job training for healthcare workers – reduced maternal deaths by 75% and early newborn deaths by 40%. The three-year study, conducted across 30 high-burden healthcare facilities in Tanzania, tracked approximately 300,000 mother-baby pairs under the Safer Births Bundle of Care (SBBC) programme. The programme focuses on improving care for mothers and babies during the day of birth, the critical time when a woman goes into labor and delivers her baby.
Maternal health is a key focus of the United Nations Sustainable Development Goals (SDGs), specifically Target 3.1, which aims to reduce the global maternal mortality ratio to fewer than 70 deaths per 100,000 live births by 2030.
Tanzania’s program combines continuous, simulation-based training for frontline healthcare workers alongside innovative clinical tools to improve labour monitoring (fetal heart rate monitoring) and newborn resuscitation.It also uses data to drive ongoing improvements, ensuring that healthcare workers have the skills, confidence, and competence to manage birth-related complications for both mothers and newborns.
“We work closely with healthcare workers, equipping them with the necessary tools to improve the quality of care, ensuring they can effectively manage both mothers and babies during and after childbirth,” Dr. Kamala said, which helps them build on over a decade of innovative research and collaboration to improve care during childbirth.
“To give you a sense of the scale of the burden of maternal and newborn mortality in Tanzania when the Safer Births Bundles of Care program was in early development in 2015/16, there were around 556 maternal deaths per 100,000 live births and 25 neonatal deaths per 1,000 live births,” he said.
The published study demonstrates the “transformative impact” of the Safer Births Bundle of Care program conducted across 30 hospitals in five high-burden regions of Tanzania, where there were about 300,000 mother-baby pairs.
Maternal deaths at the start of the program were recorded at 240 per 100,000 live births, with postpartum hemorrhage and hypertensive disorders being the leading causes of death, he said. Over the 24-month study period, this number dropped to approximately 60 per 100,000 live births, representing a 75% reduction. The number of newborn deaths – which are primarily due to breathing difficulties and complications related to prematurity – declined by 40% – from 7 deaths per 1,000 live births to 4 deaths per 1,000 live births.
“These results are remarkable,” Dr. Kamala said.
According to Dr. Kamala, the 75% reduction in maternal deaths was not expected, and a key lesson was the important role of the in-situ team simulations – including for postpartum bleeding – with reflective debriefings that trained facilitators led.
“This seems to be a major part of the success of the program,” he said. “We are delighted by these results and hope that other countries adopt and scale the Safer Births Bundle of Care program… Beyond the numbers, the Safer Births Bundle of Care program has fostered a dramatic culture shift in our healthcare system,” he said. “Healthcare workers are now more confident and better equipped to handle birth-related complications for both mothers and babies.”
Maternal death drop
Dr. Kamala attributed the 60-70% reduction in newborn deaths in Geita and Manyara to several factors.
“Firstly, Manyara was the first site for implementation, giving the region more time to adapt and experience the impact of the program. Most importantly, both regions had a high burden of stillbirths and neonatal deaths, making them ideal targets for focused intervention. As a result, newborn deaths decreased by 60-70%, showcasing a clear positive impact on newborn survival,” he said.
Dr. Kamala said another possible explanation is the differences in the culture of practices, where some health facilities reported inaccurate data due to the fear of blame and shame. However, with the project’s implementation, reporting became more accurate after mplementation. Some regions, such as Tabora, reported an increase in the number of referrals to the study hospitals from other care centers after the program was implemented. These were more likely to be late admissions, which increase the likelihood of poor health outcomes, he said.
After the implementation of the program, there was a 40% decrease in newborn deaths within the first 24 hours after birth, according to the study.
Dr. Kamala said Tanzania’s remarkable progress in reducing maternal mortality by 80% is driven by strategic investments and innovative programs focused on improving maternal and child survival rates.
“Over 2,000 new healthcare facilities have been developed, free health services are being provided to expectant mothers and children under the age of five, and emergency obstetric care – including better transport to hospitals in rural areas are helping to ensure timely, life-saving interventions.
“Most importantly, the Ministry of Health works in collaboration with healthcare workers, hospitals, and development partners to strengthen the skills of frontline healthcare workers, which has been a key factor in driving this progress.
“Political leadership, alongside strategic partnerships and financing, has been crucial in driving progress in maternal and newborn health,” he said.
The program was made possible by the support of the Global Financing Facility for Women, Children, and Adolescents, Norad, UNICEF, and Laerdal Global Health, as well as the Ministry of Health and Haydom Lutheran Hospital. Their partnership and investment enabled the scaling of the Safer Births Bundle of Care to 30 hospitals and supported the research. “The government has now scaled the program to over 150 sites, and there are plans for further expansion to three regions this year and then nationally,” he said.
Dr. Kamala outlined key policy recommendations for other governments can adopt to prioritize maternal health.
“Firstly, it focuses on cost-effective and relatively simple interventions that are essential to preventing maternal and newborn deaths. For example, stronger primary healthcare that is delivered in the community and a well-trained healthcare workforce are also critical. Additionally, working in close collaboration with national, regional, and local health authorities is key.”
He said Tanzania’s approach, where the Safer Births Bundle of Care program was successfully scaled and sustained by aligning the initiative with national guidelines for obstetrical and newborn care. In addition, the creation of mentorship programs and regular supervision has helped to sustain the results.
Looking ahead
Tanzania now plans to expand to three new regions in 2025, followed by a nationwide rollout.
The success of the program has attracted interest from other countries, with Botswana, Ethiopia, Lesotho, and Namibia expressing interest in adapting the program to their healthcare system. In Nigeria, the program has already been launched in two states, Gombe and Borno, marking a significant step in its scaling.
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