Mahakama Kuu yazizuia Kanuni za Maudhui Mtandaoni kutumika hadi Mahakama itoe uamuzi
Wakuu,
Mahakama Kuu kanda Mtwara leo imetoa zuio la muda(Temporary Injuction) dhidi ya matumizi ya Kanuni za Maudhui ya Kimtandao (Online Content Regulations) ambazo matumizi yake yamekwishaanza na tarehe ya mwisho ya bloga na mitandao kuridhia ilikuwa kesho tarehe 5 May 2018.
Maombi hayo yaliyowalishwa mahakamani na waombaji 6 wakiwemo Jamii Media, Legal and Human Rights Cente(LHRC), THRDC, MCT, TAMWA na TEF.
Katika kesi ya msingi ya mapatio ya kanuni hizo(Judicial review) washitakiwa ni Waziri wa Habari, Tanzania Communication Authority (TCRA) na Mwanasheria Mkuu wa Serikali(AG).
Katika maombi ya msingi waombaji wameiomba Mahakama kufanya mapitio ya kanuni hizo kwa vigezo hivi:
i) Waziri ametumia nguvu ya kisheria nje ya mamlaka yake (Ultra vires)
ii) Zinakiuka kanuni za usawa (Natural justice)
iii) Kanuni hizo zinapingana na Uhuru wa kujieleza (Freedom of Expression) Haki ya kusikilizwa(Rights to be heard) na haki ya usiri( Right to Privacy)
Kesi ya msingi imepangwa kusikilizwa tarehe 10 Mei 2018
For the English AudienceTanzanian bloggers and rights activists won a temporary court injunction on Friday against a government order to register their online platforms that raised concern about a crackdown on free speech.
Bloggers, as well as owners of other online forums such as YouTube TV channels, had been given until May 5 to heed tough new internet content rules through State registration and a license fee of up to $900.
Six human rights watchdogs, media organizations and bloggers filed a joint case in Tanzania’s high court asking the judiciary to block implementation of the regulations, arguing that they violate freedom of expression and privacy of internet users.
In his ruling, Judge Fauz Twaib ordered the information ministry and the state communications regulator (TCRA) not to enforce the deadline pending another hearing to decide the case.
The new rules also require bloggers to furnish details of shareholders, share capital, citizenship of owners, staff qualification and training programs, as well as a tax clearance certificate, to obtain an operating license.
Bloggers convicted of defying the new rules could be fined at least 5 million shillings ($2,200) or imprisoned for a minimum 12 months, or both.
Most bloggers in Tanzania are individuals, without registered companies, making it difficult for them to meet the registration requirements.
Bloggers, as well as owners of other online forums such as YouTube TV channels, had been given until May 5 to heed tough new internet content rules through State registration and a license fee of up to $900.
Six human rights watchdogs, media organizations and bloggers filed a joint case in Tanzania’s high court asking the judiciary to block implementation of the regulations, arguing that they violate freedom of expression and privacy of internet users.
In his ruling, Judge Fauz Twaib ordered the information ministry and the state communications regulator (TCRA) not to enforce the deadline pending another hearing to decide the case.
The new rules also require bloggers to furnish details of shareholders, share capital, citizenship of owners, staff qualification and training programs, as well as a tax clearance certificate, to obtain an operating license.
Bloggers convicted of defying the new rules could be fined at least 5 million shillings ($2,200) or imprisoned for a minimum 12 months, or both.
Most bloggers in Tanzania are individuals, without registered companies, making it difficult for them to meet the registration requirements.
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