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M E D I A C O U N C I L O F T A N Z A N I A 2016 ANNUAL REPORT MEDIA COUNCIL OF TANZANIA

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MEDIA COUNCIL OF TANZANIA2016 ANNUAL REPORT

M

EDIA

COU

NCIL OF TANZANIA

2016ANNUAL REPORT

MEDIA COUNCIL OF TANZANIA

Media Council of Tanzania -ANNUAL REPORT 2016 3

MEDIA COUNCIL OF TANZANIA

2016 ANNUAL REPORT

4 Media Council of Tanzania -ANNUAL REPORT 2016

ISBN 978-9987-710-64-5

Published by Media Council of Tanzania (MCT)

P.O Box 10160, Dar es Salaam, Tanzania.

Tel: +255 22 27757228 /2771947

Mob: +255 784 314 880,

E-mail: [email protected]

Website: www.mct.or.tz

Media Council of Tanzania -ANNUAL REPORT 2016 5

Contents

1.0 Introduction and Context _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 7

2.0 Programme Performance and outcomes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 8

2.1.1 Access to Information Act, 2016 enacted__ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ 8

2.1.1.1 MCT and Stakeholders recommendations helped improve the ATI Bill, 2016 _ _ __ _ __ _ __ _ 8

2.1.2 The Media Services Act enacted, more draconian than predecessor __ _ __ _ __ _ __ _ __ _ __ _ __ 10

2.1.3 Advocacy through Media: Participation in TV and radio Programmes _ __ _ __ _ __ _ __ _ __ _ __ 11

2.1.4 Advocacy in Zanzibar_ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 12

2.2 Press Freedom Violation Register (PFVR) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 13

2.2.1 New Interactive Data Base to improve reporting of violations _ __ _ __ _ __ _ __ _ __ _ __ 13

2.2.2 Trends in Press freedom violations in 2016 _ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 13

2.2.3 In-depth Investigation on cessation of Live Coverage of Parliament __ _ __ _ __ _ __ _ __ 14

2.3 the excellence in Journalism Awards (eJAt), 2015 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 18

2.4 ethics and Arbitration _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 18

2.4 1 Complaints brought before the Council in 2016 __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 18

2.4.2 Ethics committee visits Zanzibar based media houses. __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 21

2.4.3 Review Codes of Ethics __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 22

2.4.4 Media Performance Monitoring _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 22

3.0 Human Resources and Institutional Governance _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24

3.1 Human Resources and Administration _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 24

3.1.1 Overview _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 24

3.1.2 Staffing __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 24

3.1.3 Staff Welfare __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 24

3.1.4 IT Section _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 24

3.1.5 MCToffices __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 25

3.2 Funding _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 25

6 Media Council of Tanzania -ANNUAL REPORT 2016

3.2.1 Overview _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 25

3.2.2 New Partners _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 25

3.2.3 Basket funding _ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ _ __ 26

3.3 Committee, Board Meetings and national General Convection (nGC) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 26

3.4 networking and Media Relations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 27

3.5 Programmes Monitoring and evaluation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 28

3.6 external Audit _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 28

3.7 sustainability matters _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 28

ANNUAL REPORT AND FINANCIAL STATEMENTS _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 - 28

Media Council of Tanzania -ANNUAL REPORT 2016 7

Programmes Implementation

1.0 Introduction and ContextIn programmes implementation, 2016 was a very challenging year for the Media Council of Tanzania (MCT) as it was working with very limited human as well as financial resources yet the media fraternity and other stakeholders still called upon the Council to take the lead in a number of important issues that required timely, intensive and spirited interventions.

In spite of the challenges, the Council did the best it could under the circumstances to lead lobbying and advocacy interventions on the media and information bills that the government had presented to Parliament; document and investigate press freedom violations and provide mediation and arbitration services among others.

In 2016, the long pursuit for the Right to Information and Media Services laws reached its finality with the enactment of the Access to Information Act, 2016 in September and the Media Services Act, 2016 (MSA 2016) in November. The President assented to both acts immediately and the Media Services Act was quickly gazetted and became operational in December 2016.

The passing of the two Acts, especially the MSA, has been more a cause for disappointment than jubilation as they hardly encompassed the Council’s and stakeholder’s recommendations based on international standards and good practice. While the Access to Information Act is seen to be generally fair and may meet minimum international standards, it is essentially a watered down version of what was expected by stakeholders. On the other hand, the passing of the MSA 2016 has resulted into a much more draconian law surpassing even the Newspaper Act 1976 which it has replaced.

Other activities which were undertaken includes compilation of the State of the Media Report, 2016 a flagship publication of the Council documenting events in the media during the year under review and also the documentation of the decade long lobby and advocacy work for the review of information and media laws. The Excellence in Journalism Awards (EJAT) 2015 was also held as planned.

The Council wishes to thank the Embassies of Sweden, Norway, and the Swiss Agency for Development and Cooperation (SDC), for believing in the work of the Council and their continued support to the Council. The invaluable support from Kepa and Wellspring Advisers helped tremendously in advocacy interventions as well as monitoring press freedom violations as well as other Council activities and is highly appreciated.The Council also wishes to recognize the valuable support and collaboration which it received from its Coalition partners Sikika, Twaweza, and the Tanzania Media Foundation for support towards the advocacy work.

National Assembly Hall Dodoma Tanzanioa

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2.0 Programme Performance and outcomes 2.1 Lobby for Access to Information and Media Services Law

Objective: To enable the media perform its duties freely and effectively and the public enjoy freedom of expression and access to information

2.1.1 Access to Information Act, 2016 enactedAfter a decade of lobbying for a Right to Information Act by MCT and information stakeholders, the Access to Information Act (ATI) was finally passed by Parliament on September 7, 2016 and assented to by the President on September 23, 2016. According to its objectives, this is an Act to provide for access to information, define the scope of the information which public can access, promote transparency and accountability of the information holders and to provide for other pertinent matters.

After successfully blocking the controversial ATI Bill, 2015 from proceeding in Parliament, the Government presented the new, improved ATI Bill, 2016 for first reading in Parliament in June 2016. This enabled the Council and the Coalition on the Right to Information (CoRI) that it leads to provide further input into the new Bill. The ATI Bill 2016 came for its second reading in September and MCT and Coalition members appeared before the Parliamentary Standing Committee on Constitution and Legal Affairs to provide further recommendations to improve it.

2.1.1.1 MCT and Stakeholders recommendations helped improve the ATI Bill, 2016

In general, the enactment of the ATI Act, 2016 is considered a major step forward towards providing access to information held by the Government and its agencies and other players. The Act falls far short of the expectations of MCT and its Coalition partners, whose vision was a strong law based on international standards and good practices that would with little hindrance provide access to information to all. The ATI Act, 2016 is not the omnibus law that was envisaged by MCT that would override all others as far as information is concerned, however, one thing is clear and that is the fact that the advocacy interventions spearheaded to have in place a law on access to information have paid off. It was the desire of MCT that the access law would translate into reality the liberties enshrined in Article 18 of the Constitution of the United Republic of Tanzania.

The recommendations of the MCT and its Coalition partners helped in improving the ATI Act 2016 as compared to the 2015 Bill. More advocacy work will need to be done to push for amendments so that it becomes a better and more effective law that would ensure unhindered access to information. A number of the recommendations of MCT and CoRI were taken aboard by the Government and the

Parliamentary Standing Committee such as:

(a) Broadening the range of organizations to which the law will apply. The bill had specified that private bodies holding information on a specific set of issues (human rights, environment, public health and safety, exposure of corruption or illegal actions). The recommendation that the list be expanded was been taken on board leading to a wider set of organizations that hold any information of “significant public interest”.

Coalition on the Right to Information (CoRI) in one of the routine meeting discusses intervention with government on Media Services Bill (MSB) and Right to Information (RTI).

Media Council of Tanzania -ANNUAL REPORT 2016 9

(b) In the previous version of the ATI bill, section 18(1) stated that information received “shall not be for public use”, fundamentally undermining that bill. This was removed as suggested by MCT and its partners and the law now allows public use of information received, and only requires that the information shall not be distorted.

(c) As per recommendations information holding organizations are required by law now to direct requesters to existing sources of the requested information that are already in the public domain. This is a positive change that reduces an unnecessary burden to repeatedly re-release the same information.

(d) The new law introduces two very significant changes to the appeals process when information is denied which was also part of the recommendations of MCT and the Coalition. Specifically, adding an internal review – the appeal to the head of institution –as it simplifies the first stage of the appeals process.

(e) The list of exemptions is also largely reasonable compared to what was in the bill before.

(f) The Act has a specific provision requiring information holders to assist those who are illiterate or disabled to make their requests.

(g) Proposals for providing notifications and reasons for refusals, information regarding appeals, have also been taken on board.

(h) The Act has also taken up recommendations to protect whistle-blowers and to limit liability for those acting in good faith.

(i) Although the recommendation to establish a Commission for Information was not fully considered, the Act requires that all information holders should appoint an information officer, a key element in effective implementation of access to information laws. Nonetheless, just having an Access to Information legislation is considered a big success.

2.1.1.2 Areas for improvement

Some important recommendations were not taken or were modified to the extent that they missed the letter and spirit of the recommendations; for instance the proposal that the ATI Act should have an overriding clause to make it the law to follow as far as access to information is concerned. The entrenched culture of secrecy in the government bureaucracy has resulted in having many laws with restrictive clauses on access to information and in the likely conflict of law, the ATI, 2016 would have prevailed if such a section had been present.

Another significant proposal by MCT was that information should be provided free of charge except for actual reasonable costs which might be incurred in the provision of such information. Fees can be a big deterrent in accessing information especially as in the case of the ATI Act 2016 whereby it is not very clear how the costs will be determined and information holders have been left with an exclusive mandate to determine how the fees may be charged. (The regulations are not yet out).

MCT had also proposed the establishment of a Commission for Information that would be the custodian of all matters relating to freedom and access to information under the Act. It would also act as an appeals body when access is denied. It would also maintain a national information registry and sub registries to facilitate access to information and also make regulations for compulsory filing of all information held by public and private bodies.

MCT proposals on time for responding for information requests were not taken on board. We had proposed to adapt a system to stagger time limits according to the type of information required. The Act talks about a maximum limit of thirty days which we think is too long and it will lead to laxity on the part of information holders. Moreover, the law is even behind current practices. For example, the current practice provided under the Client Service Charter between

10 Media Council of Tanzania -ANNUAL REPORT 2016

the Prime Minister Office, Regional Administration and Local Government (PMO-RALG) and its customers in which the same is offering public services, insists on rapid responses with time limit of one day for certain information.

On exempt information, although the list was reduced as per MCT/CoRI proposals, under the Act some of the reasons to refuse information are ambiguous and too broad and may be abused. For example, the information holder may refuse to provide access to information, if he determines in accordance with the provisions of the Act, that the disclosure is not justified in the public interest. The Act does not define what public interest is. This is a broad exception which may be abused. There is also the denial of access to information relating to foreign relations and activities on the ground that it relates to national security which is hardly understandable. Also access to information is still limited to citizens only under the Act, and that means legal persons like companies, organizations, CSOs may not be in a position to request for information.

Although there are provisions requiring information holders to publish certain information

within 36 months (three years after coming into force of the Act). This provision however does not provide for periodical publication of information (for example every year) so that information holders are responsible to the public and could be called to account.

2.1.2 The Media Services Act enacted, more draconian than predecessor

The Media Services Act was passed by Parliament on November 5, 2016, despite protests from media stake holders to have it postponed to the next Parliamentary session so that they could provide more input to improve it. The President signed it into law on November 16, 2016 as he had promised he would when he met with editors.

This was indeed the saddest event for media stakeholders as the MSA 2016 is a draconian piece of legislation surpassing even the Newspaper Act 1976 which it has replaced. The majority of the recommendations from MCT and the Coalition partners were not taken. An analysis of the Act shows that out of the 62 recommendations made by MCT and its Coalition partners only 12 were fully taken into consideration, 15 were partially taken and 35 were not considered at all.

This Act introduces aspects into media regulation such as the accreditation of journalists which is unacceptable in international standards and considered bad practice as it is seen as licensing of

journalists. Practicing without accreditation is a criminal offence under the law punishable with imprisonment and a fine. The Act also establishes a system for licensing print media outlets based on requirements and conditions that have yet to be established. As with journalists, licensing of the print media is not considered legitimate under international law.

The Act has various provisions imposing a large number of content restrictions including the prohibitions on publishing false news and seditious material that go beyond the content limitations that international law permits. The Act also establishes a very detailed regime governing defamation, which includes a number of positive features but also some problematical features, such as unduly limited defenses to a defamation action.

The Minister for Information, Culture, Arts and Sports, Nape Nnauye tables awaited Media Services Bill 2016 during Bunge sesion in Dodoma last year.

Media Council of Tanzania -ANNUAL REPORT 2016 11

Under the law, pract ic ing without a license is a criminal o f f e n c e p u n i s h a b l e w i t h imprisonment and a fine. The Act also establishes a system for licensing print media outlets based on requirements and conditions that have yet to be established. As with journalists, licensing of the print media is not considered legitimate under international law.

2.1.2.1 Stakeholders request for more time to provide input to the bill denied

It was clear from the analysis of the Media Services Bill, 2016 that it was very flawed and was

actually going to be a more draconian piece of legislation that the Newspaper Act, 1976 it was replacing. The Media Council of Tanzania and its Coalition partners made efforts to confer with the Government to withdraw the bill so that stakeholders would have the time to provide more input.

The Council also appealed to the Parliamentary Standing Committee on Social Development and Services during the public hearing on Media Services Bill, 2016 on the importance of giving more time to stakeholders to input into the Bill until the next session which was in March 2017. This request from stakeholders was also denied. Media stakeholders felt that cosmetic changes to the bill would not be enough to cure it but a complete overhaul.

The atmosphere during the public hearing was quite hostile from the outset and the Chairperson of the Committee made a scathing attack on the Council and Coalition members for thwarting efforts by the government to pass a new media law. He said his Committee was keen to have the law passed and would not tolerate any attempts to the contrary.

The public hearing on the bill before the Committee was far from normal as it included the Minister for Information, Culture, Youth and Artists, his deputy ministers, permanent secretary and senior officials and also present was the Deputy Speaker of the Parliament, Dr. Tulia Ackson. Their presence during the public hearing was a big departure from the norm since usually each of the interested parties are provided with space of their own to make their case before the Committee.

The Council and Coalition partners, however, seeing that the Government and the Parliamentary Standing Committee wished to have the bill passed worked with individual Members of Parliament to make recommendations when discussing the bill before it was passed. Some of the recommendations were included in the schedule of amendments but were inadequate to make any substantial improvement on the bill which was substantially a very flawed one.

2.1.3 Advocacy through Media: Participation in TV and radio Programmes Media is used as a tool of communication especially when one side wants to send an intended message

to another side. MCT opted to conduct advocacy activities through the media due to the reasons that it has proved to be an effective tool to sensitize the public on several MCT agenda regarding press freedom, freedom of expression and access to information. MCT has been using the existing programmes in various media outlets to educate and sensitize the public on its positions to garner public understanding and support.

Social Development and Services Committee during its meeting with media stakeholders in Dodoma.

12 Media Council of Tanzania -ANNUAL REPORT 2016

During the year, the Council and its partners in the Coalition on the Right to Information (CoRI) participated in six TV talk shows to sensitize the public on the Coalition’s stand on the controversial bills, Access to Information (ATI) Bill and Media Services Bill which then passed to become laws (Access to Information Act and Media Services Act).

CoRI members participated in TV programmes such as the Baragumu Live of Channel 10, Morning Trumpet aired by Azam TV, Kumekucha of ITV, Jambo Tanzania aired by TBC 1, Mawazo Pevu aired by TV 1, and Asubuhi Tulivu aired by Mlimani TV.

The discussions on these TV programmes were based on the MCT and CoRI proposals on ATI and MSB before were passed into laws. These bills (now laws) contained the controversial and draconian sections which were highlighted and their consequences discussed for public understanding and awareness. Some of the problematic areas analyzed in ATI were: Duty to Publish Information, the time for Responding to the Request, Deferral of Access, Use of Information, Review of the Decision, Access Fees, Disclosure of Reasons.

In the Media Services Bill (now Media Services Act, 2016), MCT and CoRI members’ stand was to remove or amend some sections such as those on: Licensing of Journalists, Statutory Media Council, Definition of Print Media, Obligation of Media Houses, and Establishment of Accreditation Board. It was also observed that the interpretation of defamation between Kiswahili language and English created two different meanings.

Through these talk shows programmes, allowed the public to debate due to the reasons that many of these went live and audiences had a chance to send their feedback through phone calls or text messages.

2.1.4 Advocacy in Zanzibar

In Zanzibar, due to the fact that there was a change of guard at the Ministry of Information, Culture, Tourism and Sports, efforts were made to meet with the newly appointed officials in the ministry and brief them on the importance of enacting a media friendly at that would enhance press freedom and freedom of expression. Among the officials visited were the Executive Secretary of Zanzibar Broadcasting Commission Rafii Haji Makame and also Minister of Information, Culture, Tourism and Sports Hon. Rashid Ali Juma in October, 2016.

The Vice President of MCT, Hassan Mitawi, the Chairperson of the Ethics Committee, Judge Juxton Mlay, a member of the Committee Wallace Mauggo and the MCT Executive Secretary, Kajubi Mukajanga met with Deputy Minister of the Ministry of Information, Culture, Tourism and Sports Chum Kombo Khamis on December 7, 2016. Issues discussed included the resumption of the media law review process in which the Council assured the Minister of its readiness to continue to work with the Government in realizing it.

The Deputy Minister was also apprised of MCT’s work in Zanzibar whereby she emphasized the need for the Council to support the training of journalists to improve the standards of reporting but also to maintain ethical conduct. Ms Kombo spoke strongly against partisanship in the media which he said could promote hatred and endanger the unity, peace and stability of the country.

MCT also facilitated a meeting in December of representatives from the Media Law Review Committee, Government and the Zanzibar Broadcasting Commission to write the briefing on the review process that was presented to the Executive Committee of the Ministry of Information, Culture, Tourism and Sports to stimulate the process that had slowed down since 2015 because of the general election. Currently, the office of the Executive Secretary of the Zanzibar Broadcasting Commission has been given the responsibility of reviving the stalled process. The brief was written and presented to the Executive Secretary of Zanzibar Broadcasting Commission for further action.

In Zanzibar, members of the Committee on Media Laws Review took part in four radio programmes that discussed a number of issues concerning the media in Zanzibar including media ethics and responsibility and the media laws review process on the Isles. The programmes were aired on Swahiba FM, Radio Bahari FM, Chuchu FM, and ZBC Radio.

Media Council of Tanzania -ANNUAL REPORT 2016 13

2.2 Press Freedom Violation Register (PFVR)

Objective: To document, publish and follow up on press freedom violations so that media houses, journalists associations and human rights defenders can use it as a tool while authorities, societal stakeholders and the public are provided with empirical evidence.

2.2.1 New Interactive Data Base to improve reporting of violations

During 2016, the Council continued with its efforts to strengthen the press freedom violations register by commissioning the construction of an interactive database which allows journalists to send reports of incidences through SMS, and has ability to export data from other platforms and to upload audio clips, press cuttings and short videos. This new register allows easier reporting from wherever the incident occurred in Tanzania. The Register also includes a map of Tanzania whereby press freedom violations are displayed.

Two seminars were held for the press freedom focal persons in all the regions, one which was held in Tanga in July 2016 to increase awareness of the register and how to document and report cases of press freedom violations, and the other one held in Dodoma in December, 2016 on how to use the new interactive PFVR data base including its system and functionalities, how to enter data into the platform, how to report press freedom violations online and by SMS and how to compile reports.

The PFVR focal persons were quite satisfied with the variety of data entry options available and simplicity of entering data. Of the 32 incidents recorded in 2016, only four were recorded between January and June while the rest were recorded in the second half of 2016.

2.2.2 Trends in Press freedom violations in 2016 The Press Freedom Violations Register (PFVR) register is in its fifth year and provides a valuable

tool for evidence based advocacy on actions and violations against journalists threatening the safety and reducing their ability in performing their duties. It provides for the basis for interventions and dialogue with various actors who can make a difference in the safety of journalists such as media owners, government, security forces, and policy as well as law makers.

During 2016, thirty two (32) incidences of press freedom violations were captured in the press freedom

violations register (PFVR) of the Council ranging from assault, and for the first time, the kidnapping of a journalist by unknown persons. Denial of access to information remained high and has repeatedly been the major type of violation throughout the years. A number of journalists and also opposition politicians were charged with sedition and publishing of false news while harassment, threats and intimidation of journalists was also recorded during the year.

2016, also recorded the highest number of fined, banned or suspended media outlets ever. By December 2016, two newspapers, Mawio and Mseto were de-registered and two television stations, ITV and Clouds TV were fined for violating content regulations.

Policemen harras Journalist Josephat Isango while on duty.

14 Media Council of Tanzania -ANNUAL REPORT 2016

During the period, five radio stations were also given fines for violating content regulations while one, Arusha based Radio 5 was fined and also banned for three months. While some of the reasons for taking punitive measures against the broadcasters were compelling such as the identification on a 16 year-old rape victim, others bordered on the absurd like the fining of 5 million/= of Clouds Radio because the presenters were amused by a story written in a newspaper regarding a man who practiced bestiality.

In July 2016, the Government also deregistered 473 newspapers and magazines after owners failed to publish them for three consecutive years. It warned that any person who will violate the government decision by publishing his or her newspaper after being deregistered would face legal action. Tanzania had some 881 registered newspapers and magazines before the deregistration exercise.

During 2016 a disturbing trend emerged of government functionaries especially Regional and District Commissioners harassing journalists by ordering their arrest by the police for flimsy reasons. This led to MCT, the Tanzania Human Rights Defenders Coalition (THRDC) and the Union of Tanzania Press Clubs (UTPC) to issue a joint press statement on December 22, 2016 condemning the misuse of powers.

2.2.3 In-depth Investigation on cessation of Live Coverage of Parliament

On April 19, 2016 the live coverage of proceedings in the Tanzanian Parliament ended as a government decision to prohibit the service went into effect. Media managers, opposition legislators, lawyers, human rights activists and ordinary citizens expressed great concern at the move, accusing the government of curtailing press freedom and people’s constitutional right to be accurately and promptly informed of issues that are of importance to their lives.

Live broadcasts of parliamentary proceedings through radio and television which started over 20 years ago would air for about seven hours a day while parliament was in session, and were very popular in Tanzania. The live broadcasts were viewed as a rare outlet where the relatively small but lively opposition can hold the government to account and citizens get an unvarnished version of government matters being discussed by parliamentarians.

In his first announcement on the matter in January, the Minister for Information, Culture, Arts and Sports Mr. Nape Nnauye claimed live broadcasting was expensive and it cost TBC over 4.5 billion shillings annually to air live broadcasts of Parliamentary sessions by the state-owned Tanzania Broadcasting Corporation (TBC). However, this reason changed especially when a number of stakeholders including the opposition party CHADEMA and the Tanzania Media Foundation (TMF) offered to foot the bill.

In the beginning, private media outlets were not touched by the Government decision and continued to air live broadcasts but they were later unceremoniously removed from their Bunge studios. Now all broadcasters receive heavily edited and censored versions of the debates for airing. Another reason provided by Mr Nnauye was that few people were able to watch live coverage during the day as they would be busy going on with their work and duties hence the Bunge proceedings would be recorded and aired at night.

Mr. Nnauye later said that the decision to halt the live Bunge coverage was that it was the initiative of the Bunge itself and that the Government was just overseeing it.

Clerk to the National Assembly Dr. Thomas Kashililah speaking in one of the meetings in Dodoma.

Media Council of Tanzania -ANNUAL REPORT 2016 15

Nnauye told journalists and other information stakeholders at the commemorations of the World Press Freedom Day held on May 3, 2016 in Mwanza that he was ready to broker talks between the media s takeholders and Parliament in Dodoma. MCT and CoRI members had separate talks with Mr. Nnauye and with the Clerk to the National Assembly Mr. Thomas Kashilila on the issue of the ban of live Bunge broadcast. However, they were both adamant that the decision to ban live broadcasts would not be rescinded. The Council also came to learn of the challenges that journalists covering the Parliament now faced with the new dispensation.

The journalists complained of a high level of censorship of opposition views, that they were denied access to take photos in some areas within the Bunge; poor quality of the footage from Bunge studios, the feed was there were given by the Bunge crew had a Bunge Logo. Also, that journalists were harassed and threatened by Bunge security personnel especially after the story has been published or aired and video clips which are being taken by Bunge TV people had no news angle.

The Council deemed that the ban of live broadcast was a gross violation of the people’s constitutional right to access information and decided to conduct an in depth investigation on the matter.

According to the investigation report, Our Country, our Parliament, the government’s move to ban live broadcasts has provoked speculation that it is a reaction to the downward trend in the popularity of the ruling party in the last three elections. It is pointed out for example that presidential votes for CCM presidential candidates have plunged from 80 per cent in 2005, to 60 per cent in 2010 and 58 per cent in 2015 while the opposition was getting more votes and gaining more seats in parliament in each of those elections.

Some political analysts have blamed the downward trend on live Bunge coverage allegedly because

it has exposed government failures especially as pointed out by opposition MPs and that worries the ruling party.

For media practitioners, the government’s move is ominous. Print media practitioners who are currently not touched by the decision are wary that they will be next in the government censorship. Right now it may be seen that it is the Television that is affected but at the end it will be the entire media, a senior media leader cautioned.

The position of media owners is said to be lukewarm citing reigning fear due to the unpredictability of the governing regime on how it could deal with protesting media owners. By banning live broadcasts, the government is seen as having taken a retrogressive step that would the Tanzania’s march towards democracy, good governance and transparency and open government. The investigators made the following recommendations to the Government and Parliament:-

2.2.3.1 Reinstate Bunge Live Coverage Live coverage of Bunge session should be restored as it is perhaps that best way in which the

common citizen was able to follow and understand the work of the august body. Tanzania was way ahead of many countries in the Commonwealth especially in Africa for championing live coverage of its Parliament. It is high time that live coverage is taken as a right and be entrenched in law which would direct the responsible entities such as the public service

MCT official participating in one of the television programmes at Azam TV

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broadcaster to provide live coverage of Bunge sessions as it is done in other commonwealth countries such as India, Britain, New Zealand and Australia.

2.2.3.2 Capacity Building of Parliamentary Reporters Parliamentar’and requires competent journalists who are knowledgeable and have the skills

to do their work professionally and ethically. As such, those who are assigned the Bunge beat must really be up to the required standards. Journalists covering Parliament need to have an understanding of parliamentary procedures, know about the politicians and the political parties involved, understand relevant governing laws, and have a solid knowledge of history of parliamentary democracy as well as the conventions of the Commonwealth parliamentary practice.

Editors should ensure that only journalists with the desired competences are assigned to cover Parliament. Training and coaching of parliamentary reporters should be carried out frequently and this can be achieved through the collaboration of the newsrooms where the journalists come from and the Bunge Office.

2.2.3.3 Use Standing Orders and regulations rather than gagging the media

In talking to the MPs, Parliament and Government officials, it seemed the biggest concern was the media showing to the public through live broadcasts, misbehaviour of parliamentarians such as truancy, sleeping during debate sessions, insulting each other and other unbecoming behaviour. While on their part they feel that the honour and respect of the august body is being challenged through live coverage, the public and the media feel that erring MPs should not be protected and that the standing orders and regulations should be used accordingly to reign them in.

2.2.3.4 Demystify the issue of Costs There has since been too many of positions on the issue of costs to do Live Coverage from the

Bunge and government authorities. As it stands, the final word from the office of the Clerk of National Assembly is that there is no problem of funds to run Bunge broadcasts in any form and style.

On October 15, 2016 a report called Our Parliament; Our Country was launched by the Chairmen of the Commission for Human Rights and Good Governance, Mr. Bahame Tom Nyanduga and widely distributed to stakeholders including government officials, Parliament and Members of Parliament. This report was also reviewed in the Citizen and Nipashe newspapers.

Tanzania Parliament Building in Dodoma.

1: Chief Guest of Excellence in Journalism Awards Tanzania (EJAT) 2015, who is also the Human Rights and Good Governance Commission (HRGGC) Chairman, Hon. Bahame Tom Nyanduga gives his key note address during the event.

2: Executive Director of Sikika, Irenei Kiria hands over a trophy to the winner of Health Category (Print) Peter Mwendapole during Excellence in Journalism Awards Tanzania (EJAT) 2015 ceremony.

3: President of Media Council of Tanzania (MCT) Retired Judge Thomas Mihayo, gives his speech during 2015 Excellence in Journalism Awards Tanzania (EJAT) ceremony.

4: 2016 Lifetime Achievement Awardee Rose Haji, shows her trophy shortly are after being announced the winner by the Chief Guest of Excellence in Journalism Awards Tanzania (EJAT) 2015, Hon. Bahame Tom Nyanduga.

5: EJAT 2015 judges from left is Jesse Kwayu, Nathan Mpangala, Juma Dihule, Kiondo Mshana and Lead Judge Valerie Msoka.

6: Public Relations and Communications Manager of National Microfinance Bank (NMB) Vicent Mnyanyika hands over trophy to the winner of Economic and Business Reporting Category (Print), Haji Nassoro Mohammed, during the Awards Ceremony.

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Journalism Awards (EJAT), 2015

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2.3 the excellence in Journalism Awards (eJAt), 2015

Objective: To reward excellence and encourage professionalism by creating a culture of role models

The prize giving ceremony for 7th edition of the Excellence in Journalism Awards Tanzania (EJAT) 2015 was successfully held on April 29, 2016, in Dar es Salaam.

A total of 568 entries were received from across the country from 22 regions. Also for the first time, there were entries from Britain. Dar es Salaam region led by having 244 entries (43%), followed by Mwanza region which had 60 entries (10.6%) and Zanzibar took the third position by submitting 46 entries (8.1%). The entries came from 62 different media outlets in the country. A total of 85 nominees were selected from the 23 categories of EJAT 2015 edition. The number of female journalists nominated has also increased from 18 nominees in the 2014 Awards to 28 female nominees.

Youthful Frank Bahati from TBC1 scooped the Overall Winner award. Others who distinguished themselves by having won first position in two different categories were John Nsunza from TV1/Kilimanjaro Film Institute who won in Environmental Reporting Category, and Tourism and Conservation Reporting Category. Others were Valeria Mwalongo from Radio Tumaini who won in Taxation and Revenue Collection and Good Governance categories and Florence Majani from Mwananchi, who won in Maternal and Newborn Health reporting and reporting People with Disabilities categories.

2.3.1 Lifetime Achievement Award Ms. Rose Haji Mwalimu, a veteran broadcaster, media activist and journalism mentor was awarded

the 2016 Lifetime Achievement in Journalism Award (LAJA). This was for the fifth time that LAJA was presented. Candidates for this award are those with an impressive track record of excellence in journalism as well as those who have shown a strong and unwavering support and commitment for excellence in journalism and press freedom. For that matter, no entries are required for this particular Award which can be awarded post-humously or to retired or senior journalist who is still working in the field.

2.4 ethics and Arbitration

Objective: To enhance ethical practice thus ensuring media efficacy and credibility

2.4 1 Complaints brought before the Council in 2016

Between January and December 2016 the Council received 21 cases, 10 of which were copied to the Council for information. Below is a list of the cases and a summary of the complaints.

Complaint No.

Complainant Respondent Action

01/2016 Bakari Makame Uhuru Newspaper

Copied for Information

02/2016 Benjamin Mbeba Tanzania Daima Copied for Information

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03/2016 NIDA Textiles Mills Dira ya Mtanzania

Dira ya Mtanzania was told to balance the story by getting the side of Nida Textile Mills on the story they had published that the textile mill was evading taxes and was under investigation by TRA. The complainant however wanted the newspaper to publish an apology on the front page on seven consecutive editions and the newspaper declined to do so. Since both sides were adamant, the mediation failed and the matter was referred to the Ethics Committee. Before the Committee could sit, the newspaper was deregistered by government for a different case involving coverage of the army.

04/2016 Protas C. Mapima Aboud Media Protas Mapima had complained that he was defamed by Aboud Radio in its Morning Special programme in which it was alleged that he was brewing the illicit gin - gongo. Aboud Radio was directed to meet with the complainant to settle the matter as a first step but it was soon apparent that the complainant had indeed been involved in brewing gongo and that his ‘brewery’ equipment had been confiscated by the police. Mapima withdrew the complaint.

05/2016 Josephine Mushumbusi

Tanzania Daima Josephine Mushumbusi complained about articles in Tanzania Daima newspaper purporting that she had used the house of her husband as collateral for a bank loan taken by a business and having failed to pay back the loan, the house was sold by auction. The matter was settled out of the Council by the two parties.

06/2016 Lilian Masuka Nipashe Copied for Information

07/2016 Friedkins Group of Companies

Jamhuri Copied for Information

08/2016 UTT Dira ya Mtanzania

Copied for Information

09/2016 Friedkins Group of Companies

Jamhuri Copied for Information

10/2016 Lauren Bwanakunu Dira ya Mtanzania

Copied for Information

11/2016 Deudatus Kazinja Uwazi Copied for Information

12/2016 Nelson Mandela Institute

Jamhuri This was a defamation case. Jamhuri did not show cause for mediation and the complainant took the case to court.

13/2016 NHIF Mwananchi Copied for Information

14/2016 Kindondoni District Commissioner

Majira Copied for Information

15/2016 Nyang’wale District Commissioner

Dira Copied for Information

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16/2016 Erick Chale Mwananchi The Complainant filed the case at the Council against Mwananchi newspaper for an advert that it published from the Tanzania Cigarette Company warning the public that it should not have any dealings with him since he was no longer an employee of the company. According to Chale he had voluntarily resigned from the company on the 22 June 2016 and the advert was published a day later. Chale was asked to contact the Editor of Mwananchi before the Council could take further action on the matter.

17/2016 Helen Lauwo Radio Sunrise,Zanzibar Leo,Raia Tanzania,Nipashe

Ms. Lauwo filed a complaint at the Council complaining about news stories emanating from a press conference that was called by the Arusha police chief Chazi Mkumbo. According to the police Ms. Lauwo was arrested in Dar and taken to Arusha to face charges of forgery and unlawfully obtaining a 100 million shillings loan. The complaint was dismissed as frivolous since all the media outlets reported what RPC Mkumbo said which was her arrest on grounds of forgery and unlawfully taking a loan.

18/2016 MOCU Jamhuri MoCU filed a complaint at the Council regarding stories written in the Jamhuri newspaper in which the institution says the accusations were false, malicious and defamatory. The matter is still under process.

19/2016 Bishop Dr. Alex Malasusa

MwanaHalisi Bishop Malasusa filed a complaint against MwanaHalisi newspaper for defaming him by publishing a report that he was caught committing adultery with a married woman in his congregation. The published story claimed that many women now don’t go to the church so as to avoid the Bishop who has been demanding sex from them. MwanaHalisi also claimed in its story that the Bishop also took different women when he travelled abroad. Malasusa has requested the Council to be an arbiter on the matter. The case is scheduled for hearing by the Ethics Committee.

20/2016 TAZARA Tanzania Mpya The case was referred to the Council for mediation by Tazara who is the complainant. Tazara complained that Tanzania Mpya newspaper published two series of defamatory stories that were leading stories on the particular days.

• On 11th October 2016 it published a leading story titled Kashfa TAZARA and

• On 18th October 2016 published another story titled Madudu mapya yaibuka TAZARA, wakubwa wanufaika mmoja auziwa nyumba 18, mwingine 16.

The complainant claimed that the story was not balanced and intentionally designed to lower the image to the public.Tazara wants the newspaper to apologize and to write a balanced story and the correction should be done with the same font size as they did their stories. Mediation process has started.

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21/2016 Prof. Chris Peter The Citizen This case was referred to the Council for mediation by the complainant renown law don Prof. Chris Maina Peter. Prof. Peter was disputing that the words attributed to him in a story carried in The Citizen of Wednesday, 16th November, 2016 titled “Magufuli pours cold water on the new Katiba dream”. He said he had not talked to any reporter of The Citizen on any issue and that the story by attributing the words to him was false and wanted the newspaper to retract and apologise to him. The story on page 22 of the newspaper had the following words attributed to Professor Peter:

Prof Chris Peter Maina, also of the UDSM, said by not reviving the process, President Magufuli betrays a “selfish agenda” even as he embarks on government reforms. “Demands of the Independent Electoral Commission, for instance, could threaten his bid for second term in 2020,” he said. “The President is violating the constitution by pursuing personal interests against the will of the people.”

The MCT Executive Secretary talked to the Revise Editor of The Citizen and the Managing Editor. However, the newspaper stood by their reporter and the complainant decided to go to court.

The Ethics Committee met once to consider the state of the media in the country especially the banning and fining of media outlets by the Government.

2.4.2 Ethics committee visits Zanzibar based media houses.

The Ethics Committee Chairperson Judge Juxton Mlay accompanied by a Member of Ethics Committee, Wallace Maugo and MCT Executive Secretary Kajubi Mukajanga paid a visit to Zanzibar based media outlets. Various media houses were visited both private and Government including Zanzibar Leo, Zanzibar Broadcasting Corporation, Zanzibar Media Corporation including Zenji FM Radio and Television, Hits FM Radio, Bahari FM Radio, and Swahiba FM Radio. The Ethics Committee visit took place from December 7 and 8, 2016 with the objective of hearing from the Zanzibar MCT members on the challenges

The Media Council of Tanzania (MCT) Executive Secretary, Kajubi Mukajanga and Programmes Manager, Pili Mtambalike inspect one of MCT members radio studio to find out if it meets standards.

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that they were facing and they also had the opportunity to emphasize the importance of adhering to professional ethics and quality journalism.

2.4.3 Review Codes of Ethics The reviewed Codes of Ethics for Media Professionals in Tanzania were approved by the 18th National

General Convention on August 31, 2016. The codes were published and distributed to stakeholders countrywide including media outlets, schools of journalism and press clubs and the same was uploaded on the Council’s website.

2.4.4 Media Performance Monitoring Media Monitoring is one of the major activities of the Council that assists to gauge the trends and

patterns in journalism and respond accordingly. Media monitoring was done from August to November, 2017 and the thematic areas were ethical performance, hate speech and press freedom violations. The media monitoring was essentially on the print media and newspapers monitored included The Citizen, Majira, Mtanzania, Raia Tanzania Uhuru, Daily News, Habari Leo, Zanzibar Leo, and Raia Mwema. Others were Nipashe, The Guardian, Mwananchi, Tanzania Daima, Jambo Leo and weeklies The East African and Jamhuri.

Generally, ethical problems such as judgmental headlines, bad taste pictures and single source stories featured less in the stories monitored. It was also noted that there were incidences of personal attacks rather than hate speech. However, what was in abundance were spelling mistakes in the articles, headlines and captions of photographs which are a result of poor sub editing but at times result into serious mistakes.

2.4.4.1 Ethical Performance Single Source / Multiple sources with same per-spectives

It was noted that there was a large number of single source stories or stories which are multisource but having the same perspectives adding up to 44% of the stories in the period under review. This kind of reporting clearly affects the credibility and balance of stories especially so when there are allegations involved. The right of reply is also not given in such circumstances undermining accuracy and balance.

From the monitoring period it was seen that there was a growing trend of bashing the retired President Jakaya Kikwete with stories associating him with various incidents of alleged mismanagement of official funds and corruption exposed by the Magufuli administration simply because the CEO’s who were being accused had been appointed during Kikwete’s time in the office. Former President Jakaya Kikwete was never given opportunity to reply to the accusations by any newspaper.

The Media Council of Tanzania (MCT), Ethics Committee listens to the Zanzibar Broadcasting Corporation (ZBC) Director General Imani Duwe, during its tour, the Committee visited other Zanzibar Media outlets as well as meeting with the Zanzibar Minister of Information, Culture, Sports and Tourism.

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So headlines like JK asakwa meaning “JK is wanted” (Tanzania Daima of August 24, 2016), Mkurugenzi wa JK atiwa mbaroni, 11 wahojiwa that is “JK’s director arrested, 11 being questioned” (Mwananchi of August 24, 2016) are among the many examples of stories with judgmental headlines, which are single sourced or multi sourced with the same perspective but also are not balanced.

Stories which are one sided and do not provide the right to reply were also frequently noted. For example the lead story by Jamhuri newspaper of August 16 – 22, 2016 with headline: Prof: Muhongo Avurunda referring to serious allegations that the Minister for Energy and Minerals Resources, Prof. Sospeter Muhongo was caught in the fuel saga involving the Nigerian based company of Sahara and Energy Resource Limited.

The Jamhuri newspaper of August 2-8, 2016 carried on page two a story which says, Bunge

Linavyoliwa which was about alleged mismanagement of funds at the Bunge Offices. In the story the Clerk to the National Assembly, Dr. Thomas Kashilillah is said to be involved. This newspaper did not balance the story by getting Kashilillah’s side despite the gravity of the accusations.

Likewise, on September 21, 2016 Raia Mwema published a news story regarding the suspension of four officials of Mwanza City Council allegedly for corruption - Vigogo wanne wasimamishwa kazi kwa ufisadi jijini Mwanza. However, the headline itself is judgmental already convicting them while in the story they were not given a right of reply on the allegations.

2.4.4.2 Hate Speech and personal attack Within the period under review, the monitored print media managed to avoid hate speech,

however, personal attacks were observed to have been widely published. Jamhuri of October 4 – 10, 2015, lead story with headline: Dk. Hosea aanikwa is another typical article of personal attack of former anti corruption boss, PCCB Director General, Dr. Edward Hosea and the also story was also biased.

Partisan newspapers like Tanzania Daima, Uhuru and the Government owned newspapers the Daily News, Habari, Leo and Zanzibar Leo are usually susceptible to personal attacks and at times hate speech. For example Tanzania Daima newspaper of August 7, 2016 on page 13 published an article with headline: Uongo wa Sendeka ndio uchochezi. (Sendeka’s lies are seditious). Uhuru’s front page story of September 22 directly attacked the opposition leader in a story with a headline that read: UVCCM – Mbowe acha upekepeke which means Mbowe stop being nosy!

2.4.4.3 Captions and spelling mistakes As noted earlier, spelling mistakes in headlines, captions and within the text of stories were

abundant as a result of poor editing. Some of the errors were negligible but some were really grave distorting the gist of the story. For example, in its September 29, 2016 issue, Majira published a picture of the first lady naming her Regina Magufuli instead of Janeth Magufuli.

Zanzibar Leo leads in publishing with spelling mistakes where in October only eight issues of the

29 issues monitored did not have serious spelling mistakes. Perhaps the worst of it appeared in the headline of August 12, 2016 with the headline Majangili wajitolea kujenga barabara ya kijiji, meaning “Gangsters volunteer to construct village road.” However, the story is about ordinary residents of Mazangili village in Mkalama district organising to construct the road to their village!

Another example of sloppy editing in Zanzibar Leo is in the headline of its front page story of November 23 with the headline Bidhaa ya viungo kupata soka la uhakika Ulaya. Soka is Kiswahili for soccer. A very serious misleading caption appeared on the picture published by Habari Leo of Zanzibar Second Vice President, Idi Seif paying condolences to the widow of the late Saleh Ferouz who served in the civil service and ruling party CCM. The caption however, was about a meeting of officials of the Ministry of Trade, Industry and Marketing at the state house in Zanzibar.

24 Media Council of Tanzania -ANNUAL REPORT 2016

3.0 Human Resources and Institutional GovernanceObjective: To promote strategic leadership ensuring institutional capacity development and effective governance for realization of MCT objectives.

3.1 Human Resources and Administration

3.1.1 Overview Towards the end of the year 2015, all staff contracts expired and staff were discharged. Only few

staff members remained engaged as volunteers to complete the Elections Media Monitoring Project following its extension to March, 2016 due to the Zanzibar elections re-run. The Council had only one employee who was the Executive Secretary. Almost the entire 2016 the Council operated with volunteers until August when it was able to engage staff on consultancy basis. This situation was due to the fact that negotiations on the design of the new Strategic Plan were ongoing between MCT and its major funders with the aim of rethinking the focus of the Council in view of the changed context both politically and financially.

The Secretariat continued take care of the physical and social well being of the lean staff. Also the Council mobilized available resources at its disposal to ensure it supported its consultants to discharge programme activities which were not capital intensive and/or were funded by other MCT partners and stakeholders.

3.1.2 Staffing All MCT staff contracts, except for that of the ES, were discharged on December 31, 2015 when the

2012-2015 Programme Strategy ended. Since then, the ES had been running the Secretariat basically single handedly, with assistance from volunteers and consultants that were paid from specific projects supported by Kepa, Wellspring and DIFD.

On July 12, 2016 MCT concluded an agreement with the Norwegian Embassy for funding of NOK 3 million (about TZS 720 million) for the remainder of the year. The funds were for servicing 2015 mainly previous staff liabilities as well as programme activities.

The Board decided to engage a few consultants, interns and volunteers, for the remainder of the year, while preparation for the new Strategy was ongoing.

3.1.3 Staff Welfare Terminal benefits for staff from the previous Strategy were fully paid with the support of SDC and

the Norwegian Embassy. Stautory contribution liabilities were also fully paid.

The Secretariat ensured that engaged consultants and volunteers were properly remunerated. Communication and correspondence in the Council were effective. Available resources were put to good use to ensure smooth implementation of the programme work. Periodic consultants’ meetings were held to bring each other up to speed on the agreed activities and outputs.

3.1.4 IT Section The Council continued to run its Information, Communications and Technology (ICT) platforms to

sustain efficiency. Cats-Net (T) Ltd continued to man the offsite back-up and disaster recovery facility on MCT’s behalf.

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SimbaNet continued to provide internet services to the Dar office to allow smooth running and access to information. The Council website was updated regularly. The Council 2015 Annual Report was completed and published. It was also uploaded on the MCT website.

3.1.5 MCToffices From March to August 2016 MCT Zanzibar office operated from TAMWA offices. TAMWA hosted

MCT while MCT was searching for an appropriate office for its functions based on the available resources. This followed an increase of rent at the previous offices at Mlandege and funding challenges that MCT faced.

MCT relocated later in the year to Mwanakwerekwe area in Zanzibar town. The new office building is located at a very strategic location in terms of accessibility and visibility. The available office space is on the second floor of a four storey building that also houses and international bank.

Since activities had been downsized, the Dar office space was reduced from 350 sqm to 280sqm.

3.2 Funding

3.2.1 Overview In 2016 the Governing Board decided to broaden funding efforts by approaching a number of new

prospective funders in order to cover probable gaps following reduction of funding levels by the Council’s basket funders. This followed a situation where some activities considered crucial by MCT and her members were unlikely to be funded. These included EJAT, some flagship publications, and activities of the NACTE validated MCT journalism curricula for NTA levels 4, 5 and 6. MCT’s basket funders were Switzerland, Sweden and Norway.

3.2.2 New Partners Towards the end of 2015 the Council received funds from DIFD

for 2015 General Election Media Monitoring. The funds were used for monitoring of the coverage of the elections on the Mainland and Zanzibar from September 2015 to February 2016. All in all, DFID contributed GBP 100,000, part of which was disbursed in 2016.

Kepa, an umbrella organization for Finnish development NGOs continued its support to MCT and on April 12, 2016 it disbursed EUR 25,000 for the Council’s advocacy work.

The Council managed to get another important partner,

Media Council of Tanzania (MCT) held its 18th National General Convention on August 31st, 2016 (NGC) and one of the things that were endorsed by the members was the MCT Constitution.

MCT also opened talks with potential donors Well Wishers, Kepa, Ford Foundation and Open Society Initiative for Eastern Africa (OSIEA).

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MCT submitted grant application to Open Society Initiative for Eastern Africa (OSIEA) in June 2016.

3.2.3 Basket funding

SDC disbursed USD 123,589 on April 22, 2016 for paying 2014 and part of 2015 liabilities. These were mainly payroll liabilities including WCF, NSSF, PAYE, SDL, HESLB and staff gratuity, as well as refunding programme cash borrowed from the stakeholders’ fund.

In June 2016 Sweden signed an agreement with MCT to extend the support of SEK 4,200,000 which had been earmarked to end December 2015 to continue up to December 2016. On July 12, 2016 MCT and the Norwegian Embassy signed an agreement for financial support to MCT up to December 2016, amounting to NOK 3 million.

3.3 Committee, Board Meetings and national General Convection (nGC)

The Governing Board (GB) held two meetings to deliberate on the Media Services Act, 2016 (MSA) and MCT future after enactment of the law among other things. The strategic litigation option against MSA was discussed and approved. The Board deliberated on engagement of consultants and volunteers to support Council activities and appointment of external auditors for the period ending 2016. The GB also deliberated on NGC agenda and approved the 2016 revised work plan and budget. The Governing Board and basket donors communicated regularly, having agreed on benchmarks for the improvement of MCT operations. Such improvements included review of financial and procurement manuals and review of the MCT Constitution

The Finance and Administration Committee held two meetings. Major issues disposed of were recruitment of consultants to support the Council activities the approval of the revised procurement manual.

The Ethics Committee held its annual meeting to take stock of the state of the media, and deliberate on the implementation of Council programmes.

The Audit Committee, formed after constitutional amendments made during the 18th NGC held in August 2016, held its inaugural meeting to agreeing on its modus operandi, as well as maters around appointment of External Auditor. It also reviewed the 2015 Financial Statements.

Code of Ethics for Media Professionals was among the endorsed documents by the 18th National General Convention (NGC) held on August 31st, 2016

Wellspring Advisors (LLC), an American firm that coordinates grant making programmes that advance the realization of human rights and social and economic justice for all people. In 2015 Wellspring recommended and enabled MCT to be funded USD 60,000 for activities of the Press Freedom Violation Register to end in September 2016. In 2016 MCT received a General Operating Support grant of USD 100,000 from Well Wishers Advisors’ clients.

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The Board of Trustees held its annual meeting to receive progress reports and deliberate on the issues around MCT sustainability. It also made decisions on the disposal of obsolete assets.

The National General Convention was held on August 31, 2016 where among other things the NGC approved the proposed amendments of the MCT Constitution and the reviewed Code of Ethics for Media Professionals. The amended Constitution and Professional Codes was printed during the year to be distributed in the first quarter of 2017.

During the year, International Media Support (IMS) were engaged as external evaluators to evaluate the ended Strategy and make suggestions for what should be included in the next Strategic Plan, bearing in mind the need for new focus and cost cutting. Thereafter the Secretariat embarked on revision of the Strategic Plan 2017 -2020, taking the external review as the basis.

3.4 networking and Media Relations During the year in review the Council continued to collaborate with stakeholders in various areas. MCT

participated in the Dar es Salaam Urban Forum organised by Tanzania Red Cross for the purpose of enhancing stakeholders’ participation in disaster risk reduction within Dar es Salaam city. The Council attended the executive presentation of the National Internet Data Center that aimed at creating awareness to industry stakeholders with an intention of enabling institutions to acquire insights of the services, operations and best practices on using the national facility – the Data Centre – optimally.

The ES attended the first preparatory meeting for the 8th East Africa Community- EABC Media Summit in Arusha, where the meeting among other things, reviewed the progress on the preparation of the media Summit Awards and put in place a strategy for mobilization of resources for the Media Summit.

On different occasions MCT joined media stakeholders from all over Tanzania to discuss and deliberate on issues related to freedom of information and that of the press. Ethics Committee Chairman Justice Juxon Mlay represented the Council at the commemoration of Tanzania Human Right Defender’s Day.

The Council met with Tetra Tech ARD consulting firm based in US who organised a Democracy, Human Rights ad Governance assessment in Tanzania for the purpose of making recommendations to USAID on how the latter can play a constructive role in engaging Tanzania on shared challenges and advance bilateral cooperation in the area of democracy, human rights and good governance.

MCT was invited to and attended the commemoration of the 42nd Anniversary of the 20th July Peace and Freedom Day in the Turkish Republic of Northern Cyprus.

Being president of the World Association of Press Councils (WAPC), the Executive Secretary attended the Executive Council meeting that was held in Northern Cyprus.

The Council participated in the Civil Society Consultative National Dialogue on revitalization of the Constitution making process in Tanzania. The dialogue aimed at empowering CSOs and other stakeholders to learn about the current position of the government on the constitution making process. The dialogue was advised by the experts of the constitution making process from Tanzania and Kenya on how to restore the constitution making process without falling into political lines and forming CSOs joint strategy on how to re-engage the constitution making process for the public.

MCT also participated in the syndication workshop for Judiciary Strategic Plan 2015/16 to 2019/20. The workshop aimed at ensuring same understanding and ownership of the strategic plan and more specifically for the Council, the key areas that MCT has a role to implement.

Other networking activities were such as attending the unique Swedish Lucia celebrations, attending the occasion of the Day of German Unity and attending the Occasion of the Spanish National Day.

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MCT also attended the CNN/MultiChoice African Journalist of the Year Awards in Johannesburg, South Africa. The Council also attended a two day stakeholders’ consultative meeting on the development of the East Africa region strategy for preventing and countering violent extremism s organised by the National Center Against Terrorism.

3.5 Programmes Monitoring and evaluation Only a few M&E activities were carried out due to funding limitations and absence of a Monitoring and

Evaluation Officer. The Council was able to assess the effectiveness of Press Freedom Violation Register with the stakeholders in a meeting held in Dodoma. Tracking of the effectiveness of thematic campaigns during commemorations was carried out, as was evaluation of single activities carried out by the Council based on participant impressions.

The Council was able to recruit six new members namely Institute of Adult Education – Dar es Salaam, Fountain Radio – Moshi; Radio Fadhila – Masasi; Geita Press Club – Geita; Radio Moshi FM – Moshi and Tupashane Habari Media Tanzania – Moshi.

3.6 external Audit In 2015 the Council could not hold its NGC due to funding challenges, the Governing Board on behalf of the

NGC re-appointed the PwC to audit MCT accounts for 2015. The decision was later on ratified by the NGC held on August 31,2016. MCT received a clean certificate from PwC for 2015 accounts.

3.7 sustainability matters The Council continued following up on the matter of the Zinga farm. This property was in the past said to fall

within an area earmarked by Government for Export Processing Zone Authority (APZA) development and would therefore be appropriated. For several years MCT has followed up with authorities to know the status of the property but no information has been forthcoming. The Council acquired this farm for sustainability purposes. Council property at the Kimalang’ombe estate, earmarked for development into MCT headquarters, was tended to and the appropriate taxes paid.

MEDIA COUNCIL OF TANZANIA REGISTERED TRUSTEES

ANNUAL REPORT AND FINANCIAL STATEMENTS

FOR THE YEAR ENDED 31 DECEMBER 2016

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