The Suspension of Jamii Forums’ Licence by TCRA

Freedom of expression and the right of access to information in Tanzania has recently been muzzled by the Tanzanian authorities as the national election date fast approaches. The Tanzania Communications Regulatory Authority (TCRA) released a Statement on 6th September declaring a suspension of the license of operations for JamiiForums for a period of 90 days. The Statement signed by the CEO, Dr. Jabiri Bakari, stated that the reason for the suspension of the license was that JamiiForums used its platform to spread misleading content and insults against President Samia Suluhu and the Government, contrary to the Electronicn and Postal Communications (Online Content) Regulations, 2020 (the Regulations).

Why JamiiForums

JamiiForums is a non-governmental organisation that advocates and promotes civil and

digital rights, social justice, accountability, democracy and good governance. It provides a platform where people can have online discussions on topics of mutual interest and share experiences true to its motto: where we dare to talk openly. JamiiForums was also nicknamed “the whistleblowers’ haven,” as citizens used it to expose major scandals, including corruption in government institutions, misuse of public funds, and corporate malpractice.

In 2018, JamiiForums was also temporarily shut down by TCRA after the Regulations passed in March made it compulsory for bloggers and owners of other online forums, such as YouTube channels, to register with the government and pay up to USD900 for a license.

Irregularities of the Regulations

The Regulations provide that the TCRA shall suspend or revoke a license where it is satisfied that the terms and conditions to which a license was issued have been violated or breached. After revocation or suspension of a license, the TCRA will notify the licensee in writing of the reasons for the revocation or suspension. This provision contravenes the principles of the rule of law on the right to be heard, as it does not provide the victim with the opportunity to defend themselves before any action, such as the suspension, is taken. The Regulations require TCRA to serve JamiiForums with a 7-day notice of suspension for the subsequent surrender of the license.

Violation of Constitutional Rights

The statement, however, did not specifically state what content JamiiForums posted that led to the suspension of their license, but vaguely noted that it threatened the social peace and the stability of the national peace. Suspension of the license contravenes the right to freedom of expression and access to information as stipulated in Article 18 of the Constitution. It further

undermines democracy, transparency and accountability as it prohibits public access to the platform during this sensitive period of the election. Internet and social media platforms are particularly used during elections for civic dialogue, and voters information dissemination among others.

Various civil society organisations, such as the Committee to Protect Journalists and the Coalition on the Right to Information, have called out the government against this action and demanded the restoration of the license to JamiiForums, a platform only accessible in Tanzania via VPN.

International Human Rights Obligations

Tanzania is a State party and has ratified the African Charter on Human and Peoples’

Rights (African Charter). Suspension of the license especially without affording JamiiForums the right to be heard contravenes Principle 38(1) and 38(2) of the Declaration of Principles on Freedom of Expression and Access to Information in Africa which provide that Member States will not interfere with the right of individuals to seek, receive and impart information through any means of communication and digital technologies, by taking measures such as removal, blocking and filtering of content, except where such interference is justifiable and consistent with international human rights law and standards.  

Theactions of TCRA are inconsistent with the international human rights law and the recommendations of Article 26 of the Guidelines on Access to Information and Elections in Africa, which stipulates that the regulator body responsible for regulating the broadcasting media as well as other public or private bodies responsible for national security and associated with the provision of telecommunications services shall refrain from blocking access to the internet or any other media during the electoral process.

Internet Blackouts

This action by TCRA continues to exacerbate the dangerous trend of internet blackouts in Africa, particularly during election periods, which have negative impacts, including interfering with constitutional rights such as freedom of expression and access to information. Tanzania seems to be a repeat offender, as in the last general elections of October 2020, the government ordered an internet shutdown on the eve of the polls. Access to WhatsApp, X, and Telegram was suspended.

 Internet blackouts imposed by governments and control of digital platforms through weak laws silence the voices of government critics and undermine transparency and accountability in the conduct of free and democratic elections.

International organisations such as AccessNow and the African Union have their jobs cut out for them. They need to ensure that a repeat of the 2020 internet blackout does not occur and also put an end to this trend in African countries as they approach their general elections. This may require strict implementations of the various Declarations and Recommendations signed and ratified by the Member States.