HOW INTERNET SHUTDOWN AFFECT THE FREEDOM OF EXPRESSION

Although the Tanzanian Constitution, particularly under Article 18, clearly stipulates the right to freedom of speech and expression and it guarantees individuals the right to express their opinions freely, including the right to receive and impart information. However, this freedom is not absolute; it is subject to certain limitations in the interest of national security, public order, and the rights of others.

Further, the Constitution emphasizes the importance of this freedom in promoting democracy and public participation, but it also recognizes the need for responsible exercise of this right to prevent abuse and the spread of harmful content.

Speaking in Dar es Salaam over the weekend the Executive Director of Binti Makini Foundation Janeth John has said that internet shutdowns during elections would undermine democratic processes, limit civic engagement, and have broader social and economic repercussions.

She has said that when Tanzania is scheduled to hold its general elections this year 2025, tension is heightening over incidents of internet censorship which include the blocking of the social audio platform Clubhouse by multiple Tanzanian Internet service providers on February 15, 2023. This situation escalated as the platform remained blocked for an extended period starting from May 2023 up to now.

Reports indicate that Marginalized communities, such as women and people with disabilities, are most and highly affected by internet shutdowns, and this is due to lack of skills to bypass the impact of internet shutdowns.

“Since Binti Makini Foundation is a youth led organization that focuses on capacitated youth on human rights, civic engagement and online advocacy, the situation will be worse for the organization and the youth movement we initiated from 20 Tanzanian Universalities that do use online platforms to advocate for their rights.”

According to John, the government’s move in limiting freedom of opinion and expression was a significant indication that there would be the possibility of internet shutdowns during this year’s coming national general elections.

“The worries on internet shutdowns especially at elections times are not imaginary since we have experienced deliberately internet shutdowns during the previous 2020 general elections during which many Tanzanians including civil society organizations, media houses, businessmen and women, activists and the public at large lacked skills to mitigate the impact of internet shutdowns.”

The impacts of internet shutdowns during general elections in Tanzania can be significant and multifaceted: Internet shutdowns can impede the flow of information, preventing citizens from accessing news, updates, and official announcements related to the elections.

Reduced voter participation. Lack of access to online resources, including voter registration information and polling locations, may discourage voter turnout, especially among younger and urban populations who rely heavily on digital platforms.

Increased misinformation: With limited access to reliable sources, misinformation and rumors can spread more easily, potentially influencing public perception and behavior during the election.

Disruption of Communication: Shutdowns hinder communication among citizens, activists, and civil society organizations, weakening their ability to coordinate efforts, mobilize voters, and report irregularities.

Election observers and monitoring organizations may face challenges in reporting on the electoral process, making it difficult to ensure transparency and accountability.

Extended internet shutdowns can disrupt businesses that rely on online operations, leading to economic losses for both small and large enterprises.

Internet shutdowns can lead to public frustration and discontent, potentially resulting in protests or civil unrest, further complicating the electoral environment.

Such actions may draw criticism from international observers and human rights organizations, potentially affecting Tanzania's diplomatic relations and standing in the global community.

Overall, internet shutdowns in Tanzania during elections have been used as a tool for control, significantly affecting the electoral landscape, civic engagement, and the overall democratic process.

Past Tanzanian elections have been significantly affected by internet shutdowns in various ways: During the 2015 elections, there were reports of internet disruptions, particularly on social media platforms. These shutdowns aimed to limit the dissemination of information and control narratives around the elections, contributing to a tense atmosphere.

In the lead-up to local government elections, there were instances of internet throttling and shutdowns that hampered communication and the ability of civil society organizations to monitor the electoral process. The 2020 elections saw significant internet restrictions.

The government-imposed shutdowns on social media and messaging apps on election day and in the days following the elections. This aimed to curb the spread of information about alleged electoral irregularities and protests.

The Tanzanian government provided several stated reasons for the internet shutdowns during the 2020 general elections: Authorities often cited concerns about national security, claiming that disruptions were necessary to prevent potential unrest and violence during the elections.

The government argued that limiting access to social media and messaging platforms was essential to maintain public order and prevent the spread of misinformation that could incite chaos.

Officials expressed fears that unrestricted access to social media could lead to the organization of protests or violent acts, justifying the need for shutdowns.

The government claimed that it aimed to curb the spread of false information and rumors that could mislead voters or disrupt the electoral process.

Authorities often pointed to existing laws and regulations governing telecommunications and media, suggesting that the shutdowns were in line with legal frameworks.

These justifications were widely criticized by human rights organizations and observers, who viewed them as attempts to undermine democratic processes and restrict freedom of expression.

Several human rights organizations issued criticisms of the internet shutdowns during the 2020 elections in Tanzania. Notable among them were: Human Rights Watch (HRW), Amnesty International, International Federation for Human Rights (FIDH).

These organizations collectively urged the Tanzanian government to respect human rights and allow for open communication during the electoral process.

Meanwhile, the legal frameworks limiting free speech in Tanzania have significantly impacted journalistic practices in several ways: Self-Censorship: Journalists often practice self-censorship due to fear of reprisals, including harassment, arrest, or legal action. This leads to a reluctance to cover sensitive topics, particularly those related to government criticism or political dissent.

Chilling effect on reporting: The threat of prosecution under laws like the Cyber Crimes Act or the Penal Code creates a chilling effect, discouraging journalists from reporting on issues like corruption, human rights abuses, or political controversies.

Some Journalists have faced arrests and intimidation for their work. High-profile cases of journalists being charged with defamation or sedition have made many in the profession wary of pursuing investigative journalism.

The stringent licensing requirements and regulatory controls imposed by the Media Services Act have led to a decrease in independent media outlets. Many smaller or independent publications struggle to operate, reducing media diversity and pluralism.

With the fear of legal repercussions, journalists may rely more heavily on official government sources for information, potentially leading to biased reporting and a lack of critical analysis.

Generally, these laws contribute to an environment where journalism is increasingly constrained, impacting the quality of reporting and the public's access to information.

Certainly, in Tanzania, several legal frameworks and regulations have been cited as limiting free speech. Here are some notable examples: The Cyber Crimes Act (2015): This law includes provisions that criminalize the use of electronic communication for purposes deemed harmful or defamatory. It has been used to prosecute individuals for online speech, including social media posts.

The Media Services Act (2016): This act regulates media operations in Tanzania and grants the government significant power over media licensing and content. It includes provisions that can lead to the suspension or revocation of media licenses for failure to comply with government regulations.

The National Security Act (1996): This act allows for the restriction of information that is deemed a threat to national security. It can be applied broadly, limiting reporting on sensitive topics.

The Penal Code: Various sections of the Penal Code address defamation and sedition. Individuals can face criminal charges for speech that is considered defamatory toward public officials or the government.

The Statistics Act (2015: This law restricts the dissemination of statistical information without government approval, which can impact the ability of researchers and journalists to report on certain issues.

These frameworks have raised concerns among human rights organizations regarding their potential to stifle dissent and limit freedom of expression in the country.

 

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