The Media Services Act

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CHAPTER 229
THE MEDIA SERVICES ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Application.
3. Interpretation.
part ii
INFORMATION SERVICES
(a) Information Services
4. Director of Information Services Department.
5. Functions of Director of Information Services Department.
(b) Ownership, Rights and Obligation of Media Houses
6. Ownership of media houses.
7. Rights and obligations of media houses.
(c) Licensing of print media
8. Print media licensing.
9. Powers to reject applications and cancellation of licence.
10. Appeals against decision of Director of Information Services Department.
part iii
ESTABLISHMENT OF THE BOARD OF ACCREDITATION
(a) Journalists Accreditation Board
11. Journalists Accreditation Board.
12. Composition of Board.
13. Functions of Board.
14. Powers of Board.

TATION
(a) Journalists Accreditation Board
11. Journalists Accreditation Board.
12. Composition of Board.
13. Functions of Board.
14. Powers of Board.

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510
(b) Director General and Other Staff of the Board
15. Appointment and qualification of Director General.
16. Responsibilities of Director General.
17. Employees of Board.
18. Disciplinary authority.
(c) Accreditation of journalists
19. Practising journalists.
20. Press card.
21. Roll of journalists.
(d) Media Training Fund
22. Establishment of Fund.
23. Sources of funds.
part iv
INDEPENDENT MEDIA COUNCIL
24. Establishment of Council.
25. Membership and management of Council.
26. Functions of Council.
27. Committees of Council.
28. Handling of Complaints.
29. Appeals.
30. Procedures and meetings of Council.
31. Appointment of Secretary to Council.
32. Duties of Secretary to the Council.
33. Removal of Secretary.
34. Secretariat.
part iv
DEFAMATION
35. Defamation.
36. Defamation in print media.
37. Definition of unlawful publication.
38. Cases in which publication is absolutely privileged.
39. Cases in which publication is conditionally privileged.
40. Offer of amends.
41. Redress for defamation.

ich publication is absolutely privileged.
39. Cases in which publication is conditionally privileged.
40. Offer of amends.
41. Redress for defamation.

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THE MEDIA SERVICES ACT [CAP. 228 R.E. 2023]
part vi
FINANCIAL PROVISIONS
42. Sources of funds of Board.
43. Power of Board to charge fees.
44. Investment.
45. Power to borrow.
46. Annual and supplementary budget.
47. Accounts and audit.
48. Annual report.
49. Laying of accounts before National Assembly.
part vii
OFFENCES AND PENALTIES
50. Offences relating to media services.
51. Offences in relation to publication.
52. Seditious intention.
53. Seditious offences.
54. Publication likely to cause fear and alarm.
55. Offences by corporation, societies, etc.
56. Liability of employer or principal.
57. Consent of Director of Public Prosecutions.
part viii
GENERAL PROVISIONS
58. Powers to prohibit importation of publication.
59. Powers of Minister.
60. Power of search and seizure.
61. Service of process and notices.
62. Risk insurance and social security.
63. Obstructing member of Board.
64. Exemption on liability to printers.
65. Regulations.
66. Repeals.
67. Transitional provisions.
SCHEDULE

security.
63. Obstructing member of Board.
64. Exemption on liability to printers.
65. Regulations.
66. Repeals.
67. Transitional provisions.
SCHEDULE

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CHAPTER 229
THE MEDIA SERVICES ACT
An Act to make provisions for promotion of professionalism in the media
industry, for establishment of the Journalists Accreditation Board,
Independent Media Council and framework for regulation of media
services and for other related matters. [31st December, 2016]
[GN. No. 17 of 2017]
Acts Nos. 12 of 2016
5 of 2023
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Media Services Act. 2. This Act shall apply in Mainland Tanzania. 3.

2 of 2016
5 of 2023
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Media Services Act. 2. This Act shall apply in Mainland Tanzania. 3.

In this Act, unless the context otherwise requires-
“Board” means the Journalists Accreditation Board
established under section 11 of this Act;
“content” includes information in print media or electronic
media images, drawings, cartoons, and any other
characters, whether moving or still;
“complaints Committee” means a Committee established
under section 27 of this Act;
“Council” means the Independent Media Council established
under section 24 of this Act;
“editor” means a journalist who is in charge of production
of content for radio, television, newspaper, journals and
magazine, and includes online platforms for radio, television
and newspaper;
Short title
Application
Interpretation

elevision, newspaper, journals and
magazine, and includes online platforms for radio, television
and newspaper;
Short title
Application
Interpretation

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THE MEDIA SERVICES ACT [CAP. 229 R.E.

nzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.513
THE MEDIA SERVICES ACT [CAP. 229 R.E.

2023]
“electronic media” means a mode of communication of
content to the public by television, radio, video, cinema,
e-newspaper or by any other electronic means and devices
including social media, applications and any other related
means;
“foreign citizen” means a person who is not a citizen of the
United Republic;
“foreign company” means a company incorporated outside
the United Republic or where majority shareholders are
foreigners;
“freelancer” means a journalist working independently for
media houses;
“Fund” means the Media Training Fund established under
section 22;
“journalist” means a person accredited as a journalist under
this Act, who gathers, collects, edits, prepares or presents
news, stories, materials and information for a mass media
service, whether an employee of media house or as a
freelancer;
“mass media” includes any service, medium or media
consisting in the transmission of voice, visual data or
textual messages to the general public;
“media” means the industry, trade or business of collecting,
processing and dissemination of content through radio,
television or newspapers, and includes online platforms;
“media association” means organisation registered or
recognised by law engaged in media related activities;
“media house” means a person licensed to provide media
services;
“media services” means services provided through media;
“Minister” means the Minister responsible for content;
“news agency” means an organisation that collects and
distributes news items and photographs for media houses
and public consumption;

ble for content;
“news agency” means an organisation that collects and
distributes news items and photographs for media houses
and public consumption;

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f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E.

2023]
514
“newspaper” means a printed or published materials in the
form of tabloid, broadsheet, magazine, newsletter and
other periodicals or electronic form, which contains-
(a) news;
(b) articles;
(c) advertisements;
(d) photos and cartoons;
(e) reports of occurrences; or
(f) comments or observations which are published for
distribution to the public either daily or periodically;
“press card” means a press card issued under this Act
identifying a person holding it as an accredited journalist;
“print” means produce or reproduce content in the form of
text, picture, drawings or cartoons for the mass media;
“print media” means newspapers, journals, magazines,
newsletters and any other related print intended for mass
media;
“private media house” means a non-Government owned
media house;
“public media house” means a media house owned by the
Government on behalf of the public;
“publish” means to disseminate content to one person or to
the general public;
“publication” means any communication of content through
media;
“publisher” means a person who publishes content;
“roll” means the roll of accredited journalists in accordance
with section 21; and
“social media” means online interactions among people
in which they create, share, and exchange information
and ideas in virtual communities, networks and their
associated platform of new technology.

ople
in which they create, share, and exchange information
and ideas in virtual communities, networks and their
associated platform of new technology.

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
PART II
INFORMATION SERVICES
(a) Information Services
4.–(1) There shall be a Director of Information Services
Department who shall be appointed by the President from
amongst persons of high integrity with proven academic and
professional knowledge in media services, legal or public
administration. (2) The Director of Information Services Department shall
be the-
(a) Chief Spokesman of the Government on all matters
relating to its policies and programmes; and
(b) principal advisor to the Government in all matters
related to strategic communication, publication of
news and the functioning of the media industry. 5.

incipal advisor to the Government in all matters
related to strategic communication, publication of
news and the functioning of the media industry. 5.

The functions of the Director of Information Services
Department shall include to-
(a) coordinate all Government communications units
in the ministries, local government authorities,
independent departments and agencies;
(b) advice the Government on all matters relating to
strategic communications;
(c) develop and review information and Government
communication policies, regulations, standards and
guidelines;
(d) monitor and evaluate the implementation of
information and Government communication policies,
regulations, standards and guidelines;
(e) license print media;
(f) coordinate press conferences for Government officials;
(g) develop and coordinate capacity building of
Government communication officers in collaboration
with immediate employers;
Director of
Information
Services
Department
Functions of
Director of
Information
Services
Department
Act No. 5 of 2023 s. 17

with immediate employers;
Director of
Information
Services
Department
Functions of
Director of
Information
Services
Department
Act No. 5 of 2023 s. 17

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516
(h) coordinate press coverage of national festivals and
visiting Heads of State and Dignitaries and other issues
of national importance;
(i) coordinate Government video photographic activities;
(j) prepare official portrait of the President, Vice President
and the Prime Minister;
(k) manage the national portal in collaboration with
relevant Government agencies, website and other
Government communication platforms;
(l) undertake the collection, processing, packaging and
distribution of information, news and news materials
to newspapers, broadcasting services, news agencies,
members of the public and other persons whether in
their individual capacity or in a representative capacity;
and
(m) carry out such other activities associated with strategic
communication, collection, processing, packaging of
information and distribution of news or news materials
as the Government may direct.

ith strategic
communication, collection, processing, packaging of
information and distribution of news or news materials
as the Government may direct.

(b) Ownership, Rights and Obligations of Media Houses
6.–(1) For purposes of licensing under this Act and licensing
of electronic media under the Electronic and Postal
Communications Act, there shall be two categories of media
houses ownership, namely:
(a) public owned media houses; and
(b) private owned media houses. (2) Conditions for ownership of media houses shall be as
prescribed in the regulations. 7.–(1) A media house and journalist shall enjoy the following
rights:
(a) freedom to collect or gather information from different
sources;
Ownership of
media houses
Cap. 306
Rights and
obligations of
media houses

rights:
(a) freedom to collect or gather information from different
sources;
Ownership of
media houses
Cap. 306
Rights and
obligations of
media houses

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(b) freedom to process and edit information in accordance
with professional ethics governing journalists; and
(c) freedom to publish or broadcast news. (2) A media house registered under this Act or licensed
under any other written law shall comply with the following
obligations:
(a) in the case of a public media house-
(i) to observe universal service obligation;
(ii) to provide media services to the public and
Government;
(iii) to uphold professional code of ethics;
(iv) to enhance communication within the
Government and between the Government and
public;
(v) to provide public awareness on development
matters from Government and public sector; and
(vi) to maintain accountability and transparency in
funding.

to provide public awareness on development
matters from Government and public sector; and
(vi) to maintain accountability and transparency in
funding.

(b) in the case of a private media house-
(i) to provide media services to public in accordance
with licensed service area;
(ii) to uphold professional code of ethics;
(iii) to promote public awareness in various issues
of national interest through information
dissemination;
(iv) to broadcast or publish news or issues of national
importance as the Government may direct; and
(v) to maintain accountability and transparency in
funding. (3) A media house shall, in the execution of its obligations,
ensure that information issued does not-
(a) undermine-
(i) the national security of the United Republic;
(ii) lawful investigations being conducted by a law
enforcement agent;

sued does not-
(a) undermine-
(i) the national security of the United Republic;
(ii) lawful investigations being conducted by a law
enforcement agent;

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518
(b) impede due process of law or endanger safety of life of
any person;
(c) constitute hate speech;
(d) disclose the proceedings of the Cabinet;
(e) facilitate or encourage the commission of an offence;
(f) involve unwarranted invasion of privacy of an
individual;
(g) infringe lawful commercial interests, including
intellectual property rights of that information holder
or a third party from whom information was obtained;
(h) hinder or cause substantial harm to the Government to
manage the economy;
(i) significantly undermine the information holder’s
ability to give adequate and judicious consideration to
a matter of which no final decision has been taken and
which remains the subject of active consideration; or
(j) damage the information holder’s position in any
actual or contemplated legal proceedings or infringe
professional privilege.

ive consideration; or
(j) damage the information holder’s position in any
actual or contemplated legal proceedings or infringe
professional privilege.

(4) For avoidance of doubt, where there is an inconsistency
between the provisions under this sub-heading and the
provisions of any other written law, the provisions under this
subheading shall prevail. (c) Licensing of Print Media
8. A person shall not publish, sell, offer for sale, import,
distribute or produce print media in any manner unless such
person is licensed in accordance with this Act. 9. The Director of Information Services Department or such
other person acting on his behalf shall have powers to-
(a) reject an application which does not comply with the
prescribed requirements for licensing; and
Print media
licensing
Powers to reject
applications and
cancellation of
licence

ch does not comply with the
prescribed requirements for licensing; and
Print media
licensing
Powers to reject
applications and
cancellation of
licence

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(b) suspend or cancel the licence in the event of failure of a
licensee to comply with the prescribed conditions of a
licence. 10.–(1) A person aggrieved by the decision of the Director
of Information Services Department under section 9 may,
within thirty days from the date of such decision, appeal to the
Minister. (2) Subject to provisions of subsection (1), the appeal under
this section shall be on the grounds that-
(a) the decision made was not based on evidence produced;
(b) there was an error in law; or
(c) the procedures and other statutory requirements
applicable to the suspension or cancelation of a licence
were not complied with and the non-compliance
materially affected the determination. (3) A person aggrieved by the decision of the Minister
under this section may seek redress from the High Court. PART III
ESTABLISHMENT OF THE BOARD
OF ACCREDITATION
(d) Journalists Accreditation Board
11.–(1) There is established a Board to be known as the
Journalists Accreditation Board.

HE BOARD
OF ACCREDITATION
(d) Journalists Accreditation Board
11.–(1) There is established a Board to be known as the
Journalists Accreditation Board.

(2) The Board shall be a body corporate and shall-
(a) have perpetual succession and an official seal;
(b) in its own name, be-
(i) capable of suing and be sued;
(ii) capable of acquiring any movable or immovable
property; and
(c) do all or such other acts and things which a body
corporate may lawfully perform, do or suffer to be
done. Appeals against
decision of
Director of
Information
Services
Department
Journalists
Accreditation
Board

may lawfully perform, do or suffer to be
done. Appeals against
decision of
Director of
Information
Services
Department
Journalists
Accreditation
Board

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520
(3) Notwithstanding the provisions of subsection (2), the
Attorney General shall have the right to intervene in any suit
or matter instituted by or against the Board. (4) Where the Attorney General intervenes in any suit or
matter the provisions of the Government Proceedings Act
shall apply in relation to the proceedings of that suit or matter
as if the suit or matter had been instituted by or against the
Government. (5) For purposes of subsection (3), the Board shall have the
duty to notify the Attorney General on any impending suit or
matter by or against the Board.

For purposes of subsection (3), the Board shall have the
duty to notify the Attorney General on any impending suit or
matter by or against the Board.

12.–(1) The Board shall consist of seven members appointed
by the Minister as follows:
(a) a senior accredited journalist who shall be the
Chairman;
(b) the Director of Information Services Department;
(c) Secretary of the Council;
(d) a law officer nominated by the Attorney General;
(e) one member representing higher learning institutions
offering a course in journalism, mass communication
or media related courses;
(f) one member representing public owned media houses;
and
(g) one member representing the umbrella organisation of
private owned media houses. (2) The Minister shall, in appointing members of the Board,
have regards to gender balance. (3) The Board may co-opt any person with special
knowledge and skills to provide expertise on a particular issue
but the co-opted member shall have no right to vote. (4) The provisions of the Schedule shall have effect as to the
tenure of office of members, the proceedings of the Board and
any other matters relating to the Board. (5) The Minister may, by order published in the Gazette,
amend the Schedule to this Act. Cap. 5
Composition of
Board

er matters relating to the Board. (5) The Minister may, by order published in the Gazette,
amend the Schedule to this Act. Cap. 5
Composition of
Board

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
13. The functions of the Board shall be-
(a) to accredit and issue press cards to journalists in
accordance with this Act;
(b) to enforce the adopted code of ethics for journalist
professionals;
(c) to uphold standards of professional conduct and
promote good ethical standards and discipline among
journalists;
(d) to advise the Government on matters pertaining to the
education and training of journalists;
(e) in consultation with the relevant institutions, set
standards for professional education and training of
journalists;
(f) to establish links with similar organisations within and
outside the United Republic;
(g) in consultation with the Council, to prepare training
for journalists;
(h) to maintain a roll of accredited journalists;
(i) to administer the accounts, assets and liabilities of the
Board; and
(j) to carry out such other functions as the Minister may
direct. 14.

alists;
(i) to administer the accounts, assets and liabilities of the
Board; and
(j) to carry out such other functions as the Minister may
direct. 14.

In the performance of its functions, the Board shall have
powers to-
(a) establish such number of committees as may be
necessary for the better carrying out of its functions;
(b) suspend or expunge journalists from the roll of
accredited journalists;
(c) impose fines for non-compliance as may be prescribed
in the Regulations; and
(d) set fees and charges for accreditation. Functions of
Board
Powers of Board

e fines for non-compliance as may be prescribed
in the Regulations; and
(d) set fees and charges for accreditation. Functions of
Board
Powers of Board

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522
(e) Director General and Other Staff of the Board
15.–(1) The Board shall, upon approval of the Minister, appoint
a Director General who shall be the Chief Executive Officer. (2) A person shall not be eligible for appointment to the
position of Director General unless such person-
(a) is a citizen of Tanzania;
(b) is a holder of at least a masters degree from a recognised
institution of higher learning and possess, by virtue of
his learning and experience, expertise in the media
services, law, public administration or such other
related field; and
(c) has satisfied the Board that he is unlikely to have a
conflict of interest.

services, law, public administration or such other
related field; and
(c) has satisfied the Board that he is unlikely to have a
conflict of interest.

16.–(1) The Director General employed in terms of this Act
shall be responsible for the day-to-day functions of the Board
and in particular shall-
(a) perform the functions and exercise the powers of the
Board provided for under this Act and such functions
as may be delegated to him by the Board;
(b) manage the budget, personnel and properties of the
Board;
(c) keep all records of the affairs and meetings of the Board;
(d) keep and maintain the roll of accredited journalists;
and
(e) ensure the implementation of decisions and directives
of the Board. (2) The Director General may delegate his powers to officers
and employees of the Board:
Provided that, the Director General shall not delegate the
powers delegated to him by the Board. (3) The Director General shall hold office for a term of five
years and shall, subject to his satisfactory performance, be
eligible for re-appointment for one further term. Appointment and
qualification of
Director General
Responsibilities
of Director
General

rformance, be
eligible for re-appointment for one further term. Appointment and
qualification of
Director General
Responsibilities
of Director
General

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
17.–(1) The Board shall employ such number of senior officers
to the management of the Board as may be required. (2) The Director General shall, with the approval of the
Board, employ such other employees as may be necessary for
efficient performance of the functions of the Board on such
terms and conditions to be stipulated in their employment
contracts. (3) Employees of the Board under this section shall, in the
performance of their functions, be answerable to the Director
General. 18.–(1) The Board shall be the disciplinary authority, and the
Minister shall be the final appellate authority in relation to the
Director General and other Directors. (2) The Director General shall be the disciplinary authority
and the Board shall be the final appellate authority in relation
to the staff of the Board. (f) Accreditation of Journalists
19.–(1) A person shall not practice as a journalist unless that
person is accredited in accordance with the provisions of this
Act.

ion of Journalists
19.–(1) A person shall not practice as a journalist unless that
person is accredited in accordance with the provisions of this
Act.

(2) A person who intends to practice as a journalist shall
apply for accreditation to the Board in the form and manner
prescribed in the regulations. (3) A journalist who is not a citizen of the United Republic
or is not regarded as a permanent resident by virtue of
immigration laws may be accredited for a specified purpose
for a period not exceeding ninety days. (4) Where a period of accreditation granted under
subsection (3) expires, and the purpose for accreditation is
not completed, the journalist who pursues that purpose may
apply to the Board for extension of time for a further period
not exceeding twenty-one days. Employees of
Board
Disciplinary
authority
Practising
journalist

to the Board for extension of time for a further period
not exceeding twenty-one days. Employees of
Board
Disciplinary
authority
Practising
journalist

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524
(5) The Board may cancel the accreditation of a journalist if
it is satisfied that-
(a) the journalist has committed gross professional
misconduct as prescribed in the code of ethics for
journalist profession; and
(b) in case of a foreign journalist, such journalist does
not pursue the purpose for which accreditation was
granted. 20.–(1) A journalist accredited in terms of this Act shall be
issued with a press card by the Board. (2) A press card shall be evidence that the holder is an
accredited journalist and be valid for a period prescribed in
the regulations. (3) The holder of a press card may, upon the expiry of the
press card and payment of prescribed fees, make application to
the Board for renewal. 21.–(1) The Board shall maintain a roll of journalists containing
all names and particulars of existing accredited journalists.

the Board for renewal. 21.–(1) The Board shall maintain a roll of journalists containing
all names and particulars of existing accredited journalists.

(2) A person who ceases to be an accredited journalist as a
result of his name being expunged from the roll of journalists
or is suspended from practicing as an accredited journalist
shall not practice, whether directly or indirectly, as a journalist. (3) An accredited journalist whose name is expunged from
the roll of journalists or is suspended shall not practice as
journalist for a period of not less than three months. (4) Notwithstanding the provisions of subsections (2) and
(3), where the name of any journalist has been expunged from
the roll or the effect of the accreditation of any journalist has
been suspended in terms of this section, the Board may, either
of its own motion or on application in the prescribed manner
by the journalist concerned, and in either case after holding
such inquiry as the Board may deem fit, direct that-
(a) the deletion from the roll be confirmed;
(b) the name of that journalist be restored to the roll; or
(c) the suspension of the accredited journalist be lifted. Press card
Roll of journalists

(b) the name of that journalist be restored to the roll; or
(c) the suspension of the accredited journalist be lifted. Press card
Roll of journalists

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(5) A person aggrieved by the decision under this section
may appeal to the Minister. (6) A person aggrieved by the decision of the Minister may
seek redress from the High Court. (7) The Board shall cause the roll of journalists to be
published in the Gazette or newspaper of wide circulation or
website of the Board. (g) Media Training Fund
22.–(1) There is established a Fund known as the Media
Training Fund which shall be administered by the Board. (2) The objectives of the Fund shall be to-
(a) facilitate training for media services professionals;
(b) promote local content development programs; and
(c) promote and contribute towards research and
development in the field of journalism and mass
communication. 23.

l content development programs; and
(c) promote and contribute towards research and
development in the field of journalism and mass
communication. 23.

The sources of funds of the Fund shall consist of-
(a) grants, gifts and donations;
(b) contributions by media houses; or
(c) money that may, in any manner, become payable to or
vest in the Fund in pursuance of the provisions of this
Act or in relation or incidental to the carrying out of
functions under this Act. PART IV
INDEPENDENT MEDIA COUNCIL
24. There is established a Council to be known as the
Independent Media Council. 25.–(1) Every accredited journalist shall be a member of the
Council. Establishment of
Fund
Sources of funds
Establishment of
Council
Membership and
management of
Council

ited journalist shall be a member of the
Council. Establishment of
Fund
Sources of funds
Establishment of
Council
Membership and
management of
Council

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526
(2) The Minister shall, by notice published in the Gazette,
convene the first meeting of the Council for purposes of
elections of members to the leadership of the Council. (3) The leadership of the Council referred to under
subsection (2) shall comprise of-
(a) the Chairman;
(b) Vice-Chairman; and
(c) two other accredited journalists nominated by media
associations. (4) The Council shall, in electing its leaders, have regards to
gender balance. 26.–(1) The functions of the Council shall be-
(a) in consultation with the Board:
(i) to set a code of ethics for journalist professionals;
(ii) to set and promote ethical and professional
standards amongst journalists and media
enterprises;
(b) to conduct reviews on the performance of media sector;
(c) to determine print media content complaints;
(d) to collaborate with stakeholders in promoting media
accountability; and
(e) to perform such other related promotional functions as
the Council may, by resolution determine.

akeholders in promoting media
accountability; and
(e) to perform such other related promotional functions as
the Council may, by resolution determine.

(2) The Council shall, in the execution of its functions,
adhere to national unity, national security, sovereignty,
integrity and public morals. 27.–(1) The Council shall, for purposes of facilitation of
performance of its functions under this Act, establish such
number of committees to perform specific functions as may
be determined by the Council. (2) The committees to be established by the Council shall
include a complaints Committee to deal with print media
content complaints. Functions of
Council
Committees of
Council

stablished by the Council shall
include a complaints Committee to deal with print media
content complaints. Functions of
Council
Committees of
Council

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
28.–(1) A person aggrieved by content of a print media may,
within three months from the date of publication of the content,
make a written complaint to the complaints Committee
established pursuant to section 27(2) of this Act. (2) The Council shall, for the purpose of this section, make
rules prescribing-
(a) the conduct and procedure for determination of print
media content complaints; and
(b) matters to be awarded by the complaints Committee. 29.–(1) Save as provided for in section 41, a person who is not
satisfied with an award by the Council may appeal to the High
Court. (2) The complaint shall contain a copy of the print media
content complained of. (3) The High Court shall, upon receipt of the complaint,
hear the appeal, and where appropriate, summon the parties
to substantiate their case or defence.

The High Court shall, upon receipt of the complaint,
hear the appeal, and where appropriate, summon the parties
to substantiate their case or defence.

30.–(1) Subject to the provisions of this Act, the Council shall-
(a) determine the number of meetings to be convened
periodically; and
(b) have power to regulate its own procedures in respect of
the meetings and the proper conduct of its business. (2) The Council shall, agree on-
(a) time and place for holding an annual stakeholders
meetings and similar matters of mutual interest;
(b) mechanisms for the management and funding of the
function of the Council;
(c) organisational structure for the management of its
affairs; and
(d) procedure or mechanism for the identification and
invitation of media associations or institutions engaged
in media service. Handling of
complaints
Appeals
Procedures and
meetings of
Council

ation and
invitation of media associations or institutions engaged
in media service. Handling of
complaints
Appeals
Procedures and
meetings of
Council

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
528
31.–(1) There shall be a Secretary to the Council who shall be
appointed by the Council through competitive recruitment. (2) The Secretary shall hold office for a term of five years
and may be eligible for re-appointment for another term. 32. The Secretary to the Council appointed under this Act
shall be the Chief Executive Officer of the Council and be
responsible for-
(a) the day-to-day management of the affairs of the
Council;
(b) ensuring that funds of the Council are properly
expended, accounted for and used for intended
purposes;
(c) maintainance of records of the Council operations; and
(d) the performance of such other duties as the Council
may assign. 33.

intended
purposes;
(c) maintainance of records of the Council operations; and
(d) the performance of such other duties as the Council
may assign. 33.

The Secretary may, subject to the terms and conditions of
service, be removed from office by the Council in the event of-
(a) inability to perform the functions of the office of
Secretary arising out of physical or mental incapacity;
(b) misconduct or misbehavior;
(c) incompetency or neglect of duty;
(d) violation of regulations; or
(e) any other ground that may justify removal from the
office under the terms and conditions of service. 34.–(1) The Council shall establish a secretariat, and may on
such terms and conditions as it may determine, appoint such
number of officers to serve as the secretariat as it may consider
appropriate for the performance of duties under section 32. (2) The officers appointed under subsection (1) shall be
under the direct management of the Secretary to the Council. Appointment
of Secretary to
Council
Duties of
Secretary to
Council
Removal of
Secretary
Secretariat

direct management of the Secretary to the Council. Appointment
of Secretary to
Council
Duties of
Secretary to
Council
Removal of
Secretary
Secretariat

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
PART V
DEFAMATION
35.–(1) Any matter which, if published, is likely to injure the
reputation of any person by exposing him to hatred, contempt
or ridicule, or likely to damage any person in his profession
or trade by an injury to his reputation, is a defamatory matter. (2) The matter referred to under subsection (1) shall qualify
to be a defamatory matter even when it is published against a
deceased person. (3) The prosecution for the publication of defamatory matter
concerning a person who is dead shall not be instituted without
the written consent of the Director of Public Prosecutions. 36.–(1) A person shall be deemed to make publication of a libel
if that person causes the print, writing, painting, effigy or other
means by which the defamatory matter is conveyed, to be dealt
with, either by exhibition, reading, recitation, description,
delivery or otherwise, in a way that the defamatory meaning
thereof becomes known or is likely to be known to either the
person defamed or any other person.

ry or otherwise, in a way that the defamatory meaning
thereof becomes known or is likely to be known to either the
person defamed or any other person.

(2) It shall not be necessary for defamation that the
defamatory meaning is directly or completely expressed. (3) For the purpose of subsection (2), it shall be sufficient
that such meaning and its application to the person alleged to
be defamed may be collected either from the alleged libel itself
or from any extrinsic circumstances or partly from the one and
partly from the other means. 37. Publication of defamatory matter concerning a person
shall be unlawful within the meaning of this Part, unless-
(a) the matter is true and it was for the public benefit that
it is published; or
(b) it is privileged as one of the grounds for the reasons
provided under this Act. Defamation
Defamation in
print media
Definition
of unlawful
publication

t is privileged as one of the grounds for the reasons
provided under this Act. Defamation
Defamation in
print media
Definition
of unlawful
publication

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E.

f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E.

2023]
530
38.–(1) The publication of defamatory matter is absolutely
privileged, and a person shall not be liable to punishment in
that respect where-
(a) the matter is published by the President, the
Government or the National Assembly in any official
document or legal proceedings;
(b) the matter is published in the National Assembly, by
the President, Government or by any member of the
National Assembly or the Speaker;
(c) the matter is published by order of the President or the
Government;
(d) the matter is published concerning a person who is
the subject to military or naval discipline for the time
being, and relates to his conduct as a person who is
the subject of such discipline and is published by the
person having authority over him in respect of such
conduct;
(e) the matter is published in the course of any judicial
proceedings by a person taking part in court
proceedings as a judge, magistrate, commissioners,
advocate, assessor, witness party thereto;
(f) the matter published is in fact a fair report of anything
said, done or published in the National Assembly; or
(g) the person publishing the matter is legally bound to
publish it.

ct a fair report of anything
said, done or published in the National Assembly; or
(g) the person publishing the matter is legally bound to
publish it.

(2) Where a publication is absolutely privileged, it is
immaterial for the purposes of this Part whether the matter
is true or false, and whether it is known or be not known or
believed to be false, and whether or not it is published in good
faith. 39. A publication of defamatory matter is privileged on
condition that it was published in good faith, if the relation
between the parties by or to whom the publication is made
is such that the person publishing the matter is under some
legal, moral or social duty to publish it to the person to whom
Cases in which
publication
is absolutely
privileged
Act No. 5 of 2023 s. 18
Cases in which
publication is
conditionally
privileged

the person to whom
Cases in which
publication
is absolutely
privileged
Act No. 5 of 2023 s. 18
Cases in which
publication is
conditionally
privileged

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THE MEDIA SERVICES ACT [CAP. 229 R.E.

nzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.531
THE MEDIA SERVICES ACT [CAP. 229 R.E.

2023]
the publication is made or has a legitimate personal interest
in publishing it and the publication does not exceed either in
extent or matter what is reasonably sufficient for the occasion,
and in any of the following cases, namely-
(a) the matter published, is in fact, a fair report of anything
said, done or shown in a civil or criminal inquiry or
proceedings before any court, if however the court
prohibited the publication of anything said or shown
before it, on the ground that it is seditious, immoral or
blasphemous, the publication shall not be privileged;
(b) the matter published, is a copy or, reproduction, or is in
fact, a fair abstract of any matter which was previously
published, and the previous publication of which was
or would have been privileged under this Part;
(c) the matter is an expression of opinion in good faith as
to the conduct of any person in a judicial, official or
other public capacity, or as to his personal character so
far as it appears in such conduct;
(d) the matter is an expression of opinion in good faith
as to the conduct of a person in relation to a public
question or matter, or as to his personal character, so
far as it appears in such conduct;
(e) the matter is an expression of opinion in good faith
as to the conduct of any person disclosed by evidence
given in a public legal proceedings, whether civil or
criminal, as to the conduct of any person as a party,
witness or otherwise in any such proceedings, or as to
the character of any person so far as it appears in any
such conduct as in this paragraph;
(f) the matter is an expression of opinion in good faith as
to the merits of any book, writing, painting, speech or
other work, performance or act published or publicly
done or made or submitted by a person to the judgment
of the public, or as to the character of the person so far
as it appears;

published or publicly
done or made or submitted by a person to the judgment
of the public, or as to the character of the person so far
as it appears;

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532
(g) the matter is a censure passed by a person in good
faith on the conduct of another person in any matter
in respect of which he has authority, by contract or
otherwise, over the person, or on the character of the
other person, so far as it appears in such conduct;
(h) the matter is a complaint or accusation made by a
person in good faith against another person in respect
of his conduct in any matter, or in respect of his
character so far as it appears in such conduct, to any
person having authority, by contract or otherwise, over
that other person in respect of such conduct or matter,
or having authority by law to inquire into or receive
complaints respecting such conduct or matter; or
(i) the matter is published in good faith for the protection
of the rights or interests of the person who publishes or
of the person to whom it is published.

matter is published in good faith for the protection
of the rights or interests of the person who publishes or
of the person to whom it is published.

40.–(1) A person who publishes words alleged to be defamatory
of another person may, if he claims that the words were
published by him innocently in relation to that other person,
make an offer of amends and in that case where-
(a) the offer is accepted by the party aggrieved and is
duly performed, proceedings for libel or slander shall
not be taken or continued by that party against the
person making the offer in respect of the publication in
question, but without prejudice to any cause of action
against any other person jointly responsible for that
publication;
(b) the offer of amends is not accepted by the party
aggrieved, then, except as otherwise provided for by
this section, it shall be a defence for the person making
the offer, in any proceedings by the party aggrieved for
libel or slander against the person making the offer in
respect of the publication in question, to prove that-
(i) the words complained of were published by the
defendant innocently in relation to the plaintiff;
and
Offer of amends

n in question, to prove that-
(i) the words complained of were published by the
defendant innocently in relation to the plaintiff;
and
Offer of amends

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(ii) the offer was made as soon as practicable after the
defendant received notice that they were or might
be defamatory of the plaintiff, and has not been
withdrawn. (2) An offer of amends made pursuant to this section, shall
be accompanied by an affidavit specifying the facts relied upon
by the person making it to show that the words in question
were published innocently in relation to the party aggrieved. (3) For the purpose of a defence under subsection (1)(b),
evidence, other than evidence of facts specified in the affidavit,
shall not be admissible on behalf of the person making the
offer of amends to prove that the words were so published.

acts specified in the affidavit,
shall not be admissible on behalf of the person making the
offer of amends to prove that the words were so published.

(4) An offer of amends referred shall be construed and
understood to mean an offer-
(a) in any case, to publish or join in the publication of a
suitable correction of the words complained of, and a
sufficient apology to the party aggrieved in respect of
those words; and
(b) where copies of a document or record containing the
written words have been distributed by or with the
knowledge of the person making the offer, to take such
steps as are reasonably practicable for notifying persons
to whom copies have been so distributed that the words
are alleged to be defamatory of the party aggrieved. (5) Where an offer of amends is accepted by the party
aggrieved:
(a) any question as to the step to be taken in fulfillment of
the offer as so accepted shall, in default of agreement
between the parties, be referred to and determined by
the court; and
(b) power of the court to make orders as to costs in
proceedings by the party aggrieved against the
person making the offer in respect of the publication
in question or in proceedings in respect of the offer
referred to under paragraph (a) shall include power to
order the payment by the person making the offer to the

in proceedings in respect of the offer
referred to under paragraph (a) shall include power to
order the payment by the person making the offer to the

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
534
party aggrieved of the costs of an indemnity basis, and
expenses reasonably incurred or to be incurred by that
party in consequence of the publication in question. (6) Where no proceedings have been commenced in
pursuance to subsection (1), the court may, upon application
made by the party aggrieved, make an order for the payment of
the costs and expenses as the court finds just and appropriate.

rt may, upon application
made by the party aggrieved, make an order for the payment of
the costs and expenses as the court finds just and appropriate.

(7) For the purpose of this section, words shall be treated
as published by one person, in this subsection referred to as
the publisher, innocently in relation to another person if the
following conditions are satisfied:
(a) the publisher did not intend to publish the words
concerning that other person and did not know
of circumstances by virtue of which they might be
understood to refer to that other person; or
(b) the words were not defamatory on the face of it and the
publisher did not know circumstances by virtue of which
they might be understood to be defamatory of that other
person, and in either case, that the publisher exercised
all reasonable care in relation to the publication. (8) Any reference in subsection (7) to the publisher shall be
construed as including a reference to a servant or agent of the
publisher in relation to the contents of the publication in question. (9) The provisions of subsection (1)(b) shall not apply in
relation to the publication of words by a person who is not
the author unless he proves that the words were written by the
author without malice.

y in
relation to the publication of words by a person who is not
the author unless he proves that the words were written by the
author without malice.

41.–(1) Where a person alleges that a print or electronic media
content is defamatory within the meaning of this Act, that
person may file a case in the court for redress. (2) The case shall contain a copy of a print or electronic
media content complained about or, if the print or electronic
media content cannot be extracted without unduly difficulty,
statement to the effect that retrieval of the print or electronic
media content has not been possible. Redress for
defamation

thout unduly difficulty,
statement to the effect that retrieval of the print or electronic
media content has not been possible. Redress for
defamation

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.535
THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(3) The court shall, as soon as practicable and in accordance
with the procedural laws, hear and determine the case. (4) The Chief Justice may, by order published in the
Gazette, make rules for the purpose of timely and expeditious
determination of cases under this Part. PART VI
FINANCIAL PROVISIONS
42. The sources of the funds of the Board shall consist of-
(a) money appropriated by the Parliament;
(b) grants, gifts and donations;
(c) fees paid for services rendered by the Board; and
(d) money that may, in any manner become payable to or
vest in the Board in pursuance of the provisions of this
Act or in relation or incidental to the carrying out of its
functions. 43. The Board may, for the proper performance of the functions
of the Board, charge fees for any services or category of services
rendered by the Board, subject to any directives which the
Minister may, in consultation with the Minister responsible
for finance, provide in that behalf. 44.

by the Board, subject to any directives which the
Minister may, in consultation with the Minister responsible
for finance, provide in that behalf. 44.

The Board may, with the prior approval of the Minister and
after consultation with the Minister responsible for finance,
invest any part of the moneys available in any fund of the
Board as may be authorised in relation to investment of funds
by trustees under the Trustees Investments Act. 45. Subject to the prior approval of the Minister and the
Minister responsible for finance, the Board may borrow money
for the purposes of the Board by way of loan or overdraft and
upon such security and such terms and conditions relating to
repayment of the principal and payment of interest, subject to
any direction given by the Minister. Sources of funds
of Board
Power of Board to
charge fees
Investment
Cap. 53
Power to borrow

f interest, subject to
any direction given by the Minister. Sources of funds
of Board
Power of Board to
charge fees
Investment
Cap. 53
Power to borrow

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
536
46.–(1) The first financial year of the Board shall commence
on the date when the Act comes into operation and may be of
a period longer or shorter than twelve months. (2) The Board shall, convene a meeting to pass a detailed
budget of the amounts-
(a) expected to be received; or
(b) expected to be disbursed, by the Board during that
financial year, and whenever circumstances so require,
the Board may pass a supplementary budget in any
financial year. (3) The annual budget and every supplementary budget
shall be in such form as the Minister may approve. (4) Upon passing of any budget or any supplementary
budget, the Board shall submit to the Minister for approval the
annual budget or the supplementary budget. (5) The Minister shall, upon receipt of the annual budget or
any supplementary budget, approve or disapprove it, or may
approve it subject to any amendments which he may deem fit.

receipt of the annual budget or
any supplementary budget, approve or disapprove it, or may
approve it subject to any amendments which he may deem fit.

(6) Where the Minister approves any annual or
supplementary budget, with or without amendment, the Board
shall confine disbursements by the Board within the items and
amounts contained in the applicable estimates as approved by
the Minister. (7) The Board may-
(a) with the written sanction of the Minister, make a
disbursement notwithstanding that, the disbursement
is not provided for in any budget; and
(b) adjust expenditure limits to take account of
circumstances not reasonably foreseeable at the time
the budget was prepared, subject to submitting a
supplementary budget to the Minister within two
months of the alteration of expenditure limits becoming
necessary. Annual and
supplementary
budget

g a
supplementary budget to the Minister within two
months of the alteration of expenditure limits becoming
necessary. Annual and
supplementary
budget

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THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
47.–(1) The Board shall cause to be kept proper books of
accounts and records in respect to-
(a) receipt and expenditure of money and other financial
transactions of the Board; and
(b) assets and liabilities of the Board,
and shall cause to be made out for every financial year financial
statements showing the details of the income and expenditure
of the Board. (2) Accounts including the financial statements of the
Board in respect of that financial year shall be audited within
three months of every financial year in accordance with the
Public Audit Act. (3) Every audited account shall be placed before a meeting
of the Board which, if adopted, be endorsed that it has been so
adopted. (4) As soon as the accounts of the Board have been audited,
and in any case not later than three months after the close of
the financial year, the Board shall submit to the Minister a copy
of the audited statement of accounts, together with a copy of
the report made by the auditors on the statement of accounts. 48.

to the Minister a copy
of the audited statement of accounts, together with a copy of
the report made by the auditors on the statement of accounts. 48.

The Board shall, within three months after the close of
the financial year, cause to be prepared and submitted to the
Minister a general report of the activities and operations of the
Board during that financial year and accompanied by-
(a) a copy of the audited accounts of the Board in
accordance with the Public Audit Act;
(b) a copy of the auditor’s report on the accounts; and
(c) such other information as the Minister may direct. 49. The Minister shall, as soon as practicable after receiving the
report submitted to him by the Board, lay before the National
Assembly the audited accounts of the Board, together with the
auditor’s report on the accounts and the annual report of the
Board. Accounts and
audit
Cap. 418
Annual report
Cap. 418
Laying of
accounts
before National
Assembly

ort on the accounts and the annual report of the
Board. Accounts and
audit
Cap. 418
Annual report
Cap. 418
Laying of
accounts
before National
Assembly

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f Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E.

2023]
538
PART VII
OFFENCES AND PENALTIES
50.–(1) A person who makes use by any means, of a media
service for the purposes of publishing-
(a) information which is intentionally or recklessly falsified
in a manner which threatens the interests of defense,
public safety, public order, the economic interests of
the United Republic, public morality or public health:
(b) information which is maliciously or fraudulently
fabricated;
(c) any statement the content of which is threatening the
interests of defence, public safety, public order, the
economic interests of the United Republic, public
morality or public health; -
(d) statement knowingly to be false or without reasonable
grounds for believing it to be true;
(e) statement with malicious or fraudulent intent
representing the statement as a true statement; or
(f) prohibited information,
commits an offence and on conviction, shall be liable to a fine
of not less than three million shillings but not exceeding ten
million shillings or to imprisonment for a period of not less
than two years but not exceeding five years or to both.

shillings but not exceeding ten
million shillings or to imprisonment for a period of not less
than two years but not exceeding five years or to both.

(2) A person who-
(a) operates media outlet without licence;
(b) practices journalism without accreditation; or
(c) disseminates false information without justification,
commits an offence and on conviction, shall be liable to a fine
of not less than three million shillings but not exceeding ten
million shillings or to imprisonment for a period of not less
than two years but not exceeding five years or to both. 51.–(1) A person who imports, publishes, sells, offers for sale,
distributes or produces any publication or any extract of it, the
importation of which is prohibited commits an offence and on
conviction, shall be liable-
Offences
relating to media
services
Act No. 5 of 2023 s. 19
Offences in
relation to
publication
Act No. 5 of 2023 s. 20

n
conviction, shall be liable-
Offences
relating to media
services
Act No. 5 of 2023 s. 19
Offences in
relation to
publication
Act No. 5 of 2023 s. 20

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.539
THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(a) in the case of the first offence to a fine of not less than
two million shillings but not exceeding five million
shillings or to imprisonment for a term of not less than
one year but not exceeding three years or to both; and
(b) in the case of a subsequent offence, to a fine of not less
than five million shillings but not exceeding ten million
shillings or to imprisonment for a term of not less than
one year but not exceeding three years. (2) The court may order forfeiture of a publication or extract
in respect of which an offence was committed.

n
one year but not exceeding three years. (2) The court may order forfeiture of a publication or extract
in respect of which an offence was committed.

52.–(1) A “seditious intention’’ is an intention to-
(a) bring into hatred or contempt or to excite disaffection
against the lawful authority of the Government of the
United Republic;
(b) excite any of the inhabitants of the United Republic
to attempt to procure the alteration, otherwise than
by lawful means, of any other matter in the United
Republic as by law established;
(c) bring into hatred, contempt or to excite disaffection
against the administration of justice in the United
Republic;
(d) raise discontent or disaffection amongst people or
section of people of the United Republic; or
(e) promote feelings of ill-will and hostility between
different categories of the population of the United
Republic. (2) An act, speech or publication shall not be deemed
seditious by reason only that it intends to-
(a) show that the Government has been misled or mistaken
in any of its measures; or
(b) point out errors or defects in the Government of the
United Republic or Constitution of the United Republic
or in legislation or in the administration of justice with
a view to remedying such errors or defects. Seditious
intention

tion of the United Republic
or in legislation or in the administration of justice with
a view to remedying such errors or defects. Seditious
intention

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540
(3) In determining whether the intention for which an
act was done, any word spoken or any document published,
was or was not seditious, every person shall be deemed to
intend the consequences which would naturally follow from
his conduct at the time and in the circumstances in which he
conduct himself.

l be deemed to
intend the consequences which would naturally follow from
his conduct at the time and in the circumstances in which he
conduct himself.

53.–(1) A person who-
(a) does or attempts to do or makes any preparation to do,
or conspires with any person to do, any act or omission
with a seditious intention;
(b) utters any words with a seditious intention;
(c) publishes, sells, offers for sale, distributes or reproduces
any seditious publication; or
(d) imports any seditious publication,
unless that person has no reason to believe that it is seditious
commits an offence and on conviction, shall be liable-
(a) in the case of a first offence to a fine of not less than
three million shillings but not exceeding five million
shillings or to imprisonment for a term of not less than
one year but not exceeding three years or to both; and
(b) In the case of a subsequent offence, to a fine of not less
than five million shillings but not exceeding ten million
shillings or to imprisonment for a term of not less than
three years but not exceeding five years or to both.

shillings but not exceeding ten million
shillings or to imprisonment for a term of not less than
three years but not exceeding five years or to both.

(2) A person who without lawful excuse, has in his
possession any seditious publication commits an offence and
on conviction, shall be liable -
(a) in the case of first offence, to a fine of not less than
two million shillings but not exceeding three million
shillings or to imprisonment for a term of not less than
one year but not exceeding three years or to both; and
(b) in case of a subsequent offence to a fine of not less than
three million shillings but not exceeding five million
shillings or to imprisonment for a term of not less than
three years but not exceeding five years or to both. Seditious
offences
Act No. 5 of 2023 s. 21

illings or to imprisonment for a term of not less than
three years but not exceeding five years or to both. Seditious
offences
Act No. 5 of 2023 s. 21

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.541
THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(3) It shall be a defence to a charge under subsection (2),
where the person charged did not know that the publication
was seditious when it came into his possession and that as
soon as the nature of the publication became known to him, he
delivered the publication to the nearest administrative officer
or to the officer in charge of the nearest police station. (4) When the proprietor, publisher, or editor of a newspaper
is convicted of printing or publishing a seditious publication in
a newspaper, the court may, in addition to any other penalty it
may impose, make an order prohibiting any further publication
of the newspaper for a period of not less than twelve months
but not exceeding three years.

impose, make an order prohibiting any further publication
of the newspaper for a period of not less than twelve months
but not exceeding three years.

(5) A person who prints or publishes a newspaper in
contravention of an order made under subsection (6) commits
an offence, and on conviction, shall be liable to a fine of not
less than three million shillings but not exceeding five million
shillings or to imprisonment for a term of not less than two
years but not exceeding three years or to both. 54.–(1) A person who publishes any false statement, rumor or
report which is likely to cause fear and alarm to the public or to
disturb the public peace, commits an offence and on conviction,
shall be liable to a fine of not less than three million shillings but
not exceeding five million shillings or to imprisonment for a term
of not less than one year but not exceeding three years or to both. (2) It shall be a defence to a charge commenced under
subsection (1), if the accused proves that, prior to publication,
he took such measures to verify the accuracy of such a
statement, rumor or report and that such verification lead him
to reasonably believe that the publication was true.

s to verify the accuracy of such a
statement, rumor or report and that such verification lead him
to reasonably believe that the publication was true.

55.–(1) Where any offence under this Act or any subsidiary
legislation made hereunder is committed by a company or
other body corporate, or by a society, association or body of
persons then, every person who, at the time of the commission
of the offence, was concerned, as a director or an officer with
the management of the affairs or activities of such company
Publication
likely to cause
fear and alarm
Act No. 5 of 2023 s. 22
Offences by
corporation,
societies, etc
Act No. 5 of 2023 s. 23

ies of such company
Publication
likely to cause
fear and alarm
Act No. 5 of 2023 s. 22
Offences by
corporation,
societies, etc
Act No. 5 of 2023 s. 23

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
542
or other body corporate, or society, association or body of
persons, shall be deemed to have committed the offence and
be liable to be proceeded against and punished accordingly,
unless he proves to the satisfaction of the court that he had
no knowledge, and could not by the exercise of reasonable
diligence have had knowledge of the commission of the offence. (2) Notwithstanding any other provision under this Act,
in the event the offence is determined to be an offence by a
company or other body corporate, or by a society, association
or body of persons, such company, other body corporate,
society, association or body of persons on conviction, shall be
liable to a fine of not less than ten million shillings but not
exceeding fifteen million shillings. 56.

on or body of persons on conviction, shall be
liable to a fine of not less than ten million shillings but not
exceeding fifteen million shillings. 56.

Where an offence under this Act or under any subsidiary
legislation made hereunder is committed by a person as an
agent or employee, then, as well as the agent or employee, the
principal or employer under whom the offence was committed
shall be deemed to have committed the offence and be
proceeded against and punished accordingly, except that, the
principal or employer shall not be liable where he proves to the
satisfaction of the court that he had no knowledge, and could
not by the exercise of reasonable diligence have had knowledge
of the commission of the offence. 57. A person shall not be prosecuted for any seditious offence
under this Act, unless with a written consent of the Director of
Public Prosecutions. PART VIII
GENERAL PROVISIONS
58. Where the Minister is of the opinion that the importation
of any publication would be contrary to the public interest, he
may, in his absolute discretion and by order published in the
Gazette, prohibit the importation of such publication. Liability of
employer or
principal
Consent of
Director of Public
Prosecutions
Powers to
prohibit
importation of
publication

ation of such publication. Liability of
employer or
principal
Consent of
Director of Public
Prosecutions
Powers to
prohibit
importation of
publication

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.543
THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
59. The Minister shall have powers to prohibit or otherwise
sanction the publication of any content that jeopardises
national security or public safety. 60.–(1) A police officer may, if he has reasonable grounds to
believe that a media house has been established, installed,
maintained, operated or provided in contravention of this Act,
search and seize any equipment found therein which appears
to be used or had been used for such purpose:
Save that, equipment used for printing, production or
publication, shall not be seized or restricted from operation
unless the police officer is of the opinion that the continuation
of operation of the equipment will impede or otherwise
obstruct the process of investigation. (2) The search and seizure under this section shall be
conducted in accordance with the Criminal Procedure Act
and such other relevant laws regulating the conduct of search
and seizure.

is section shall be
conducted in accordance with the Criminal Procedure Act
and such other relevant laws regulating the conduct of search
and seizure.

61.–(1) Where any order or directives made or given by the
Board or Information Services Department under this Act
is not required to be published in the Gazette, the order or
directive shall be brought to the notice of persons affected or
likely to be affected by it in any manner. (2) Where the order or directive in question is published in
the Gazette, all persons shall be deemed to have notice of it. 62.–(1) Every employer shall be required to provide insurance
and social security cover to every person employed in the
respective media house. (2) Every freelancer or correspondent shall be required to
have personal risk insurance cover. 63.–(1) A person who -
(a) without lawful justification, fails or refuses to comply
with a lawful direction of the Board;
Powers of
Minister
Power of search
and seizure
Cap. 20
Service of process
and notices
Risk insurance
and social
security
Obstructing
member of Board
Act No. 5 of 2023 s. 24

er of search
and seizure
Cap. 20
Service of process
and notices
Risk insurance
and social
security
Obstructing
member of Board
Act No. 5 of 2023 s. 24

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
544
(b) obstructs or hinders a member or the Board in the
exercise of powers under this Act;
(c) furnishes information or makes a statement to the
Board which he knows to be false or misleading in any
material particular; or
(d) when appearing before the Board for examination,
makes a statement which he knows to be false or
misleading in any material particular,
commits an offence, and on conviction shall be liable to a fine
of not less than two million shillings but not exceeding five
million shillings or to imprisonment for a term of not less
than one year but not exceeding three years or to both. (2) A person convicted of any subsequent offence under
this section shall be liable to a fine of not less than five
million shillings but not exceeding seven million shillings or
imprisonment for a term of not less than three years but not
exceeding five years.

five
million shillings but not exceeding seven million shillings or
imprisonment for a term of not less than three years but not
exceeding five years.

64.–(1) A printer shall, when providing printing services for
print media, not be held liable for a seditious or defamatory
content, unless it is proved that he acted with knowledge of the
existence of such seditious or defamatory content. (2) A printer having sufficient prior knowledge or upon
being notified that the content to be published contains
seditious or defamatory content and who proceeds to print
or fails to take necessary steps to prevent the printing of such
content, commits an offence and on conviction, shall be liable -
(a) in the case of seditious content, to a fine of not less than
five million shillings but not exceeding ten million
shillings or imprisonment for a term of not less than
three years but not exceeding five years or to both;
(b) in the case of defamatory content, to a fine of not less
than five million shillings but not exceeding ten million
Exemption
on liability to
printers
Act No. 5 of 2023 s. 25

ry content, to a fine of not less
than five million shillings but not exceeding ten million
Exemption
on liability to
printers
Act No. 5 of 2023 s. 25

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.545
THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
shillings or imprisonment for a term of not less than
three years but not exceeding five years or to both. 65.–(1) The Minister may make regulations for the better
carrying out the provisions of this Act. (2) Without prejudice to subsection (1), the Minister may
make regulations for-
(a) terms and conditions for operation of licensed media
house;
(b) licensing of print media;
(c) procedure for appeal against the decision of the Board;
(d) prescription of the shareholding requirement by
foreign media owners;
(e) prescription of fines;
(f) requirement and procedure for accreditation of
journalists and issuance of press cards; and
(g) reporting the source of funding by media houses and
media association. 66. [Repeals the Newspapers Act and the Tanzania News
Agency (Repealing) Act]. 67.

orting the source of funding by media houses and
media association. 66. [Repeals the Newspapers Act and the Tanzania News
Agency (Repealing) Act]. 67.

Notwithstanding the repeal of the Newspaper Act and
Tanzania News Agency (Repealing) Act-
(a) any press card or certificate granted under the repealed
Act, prior to the commencement of this Act in relation
to the production, distribution or supply of media
services shall remain in operation until it is revoked,
annulled or otherwise replaced;
(b) all persons practicing journalism without qualifications
stipulated under this Act shall, within five years of the
coming into operation of this Act, meet the qualification
provided for under this Act; and
Regulations
Repeal
Acts, Nos. 3 of 1976
7 of 2000
Transitional
provisions
Caps. 229
and 149

t, meet the qualification
provided for under this Act; and
Regulations
Repeal
Acts, Nos. 3 of 1976
7 of 2000
Transitional
provisions
Caps. 229
and 149

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
546
(c) all orders, rules, guidelines and regulations made
under the repealed Act shall continue to have effect
until revoked by subsidiary legislation made pursuant
to this Act. SCHEDULE
(Made under section 12(4))
TENURE, PROCEEDINGS AND ANY OTHER
MATTER RELATED TO THE BOARD
1. Members of the Board shall elect one of their members to be the
Vice-Chairman who shall, subject to his continuing to be a member,
hold office for a term of one year from the date of his election and may
be eligible for re-election. 2.–(1) A member of the Board shall hold office for a term not exceeding
three years from the date of his appointment and may be eligible for
re-appointment. (2) In the case of a member who is a member by the virtue of his
office, he shall cease to be a member upon his ceasing to hold that office. (3) A member appointed may at any time resign his office by notice
in writing to the appointing authority.

ember upon his ceasing to hold that office. (3) A member appointed may at any time resign his office by notice
in writing to the appointing authority.

(4) Notwithstanding the foregoing provisions, the appointing
authority may, at any time revoke an appointment of a member. (5) Where a member of the Board who is a member by the virtue of
his office is unable for any reason to attend any meeting of the Board, he
may nominate in writing another person from his institution to attend
the meeting on his behalf. (6) Where any vacancy occurs in the membership of the Board
by any reason of any member thereof or otherwise, the appointing
authority may appoint another person to fill that vacancy and the
person so appointed shall hold office for the unexpired period of office
of the member in whose place he is appointed. 3.–(1) The Board shall ordinarily meet for the transaction of its business
at the times and places determined by it, but it shall meet at least once
in every three months. (2) The Chairman or in his absence the Vice-Chairman, shall preside
at every meeting of the Board and in the absence of both of them, the
members present shall appoint one of their number to preside over the
meeting. Vice-Chairman
Tenure for
appointment
Meetings of
Board

oth of them, the
members present shall appoint one of their number to preside over the
meeting. Vice-Chairman
Tenure for
appointment
Meetings of
Board

©2025 Government of Tanzania. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.547
THE MEDIA SERVICES ACT [CAP. 229 R.E. 2023]
(3) A member who fails to attend three consecutive meetings of the
Board without leave of the Chairman shall cease to become a member
of the Board. 4. The Secretary to the Board shall give each member adequate notice
of the time and place of every meeting and shall keep record of the
proceedings of every meeting of the Board. 5. The quorum at any meeting of the Board shall be two third of the
total number of members
6.–(1) Any matter proposed at the meeting of the Board shall be decided
by a majority of the votes of the members present and voting and in the
event of an equality of votes, the person presiding shall have a casting
vote in addition to his normal or deliberative vote. (2) Notwithstanding subparagraph (1), a decision may be made
by the Board without a meeting by way of circulation of the relevant
papers among the members, and the expression in writing of the views
of the majority of members.

thout a meeting by way of circulation of the relevant
papers among the members, and the expression in writing of the views
of the majority of members.

7.–(1) The Board shall cause to be recorded and kept minutes of all
business conducted or transacted at its meetings and the minutes of
each meeting of the Board shall be read and confirmed or amended
and confirmed at the next meeting and signed by the person presiding
at the meeting. (2) Minutes signed or purporting to have been signed by the person
presiding at the meeting of the Board shall, in absence of proof of error,
be deemed to be a correct record of the meeting whose minutes they
purport to be. 8. An act or proceedings of the Board shall not be invalid by reason
only of any vacancy among its members or defect in the appointment
of any of them. 9. All orders, directions, notices or other documents made or issued on
behalf of the Board shall be signed by-
(a) the Chairman; and
(b) a corporate Secretary employed in terms of section 17 of this
Act. 10. Subject to the provisions of this Schedule, the Board shall regulate
its own proceedings. Notice of meeting
Quorum
Decision of Board
Board to confirm
minutes of its
meetings
Vacancies etc. not to invalidate
proceedings
Orders, directions
etc. Proceedings of
Board

m
Decision of Board
Board to confirm
minutes of its
meetings
Vacancies etc. not to invalidate
proceedings
Orders, directions
etc. Proceedings of
Board

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